Workshop + Digital and Total Access - Terms and Conditions | WW USA
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF UNLIMITED WORKSHOPS + DIGITAL ("MONTHLY PASS") OR TOTAL ACCESS CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, this Membership Agreement ("Agreement") applies to (i) your attendance at WW Wellness Workshops ("Workshops") offered by the Workshop service provider identified during sign-up or on your Monthly Pass card ("Service Provider"), (ii) if you purchase Total Access, your use of personal coaching services (“Coaching”) (including but not limited to one on one phone sessions, emails and/or texts) provided by WW North America Holdings, LLC (Coaching together with Monthly Pass, "Offerings") and (iii) your use of and/or access to the WW.com website and/or other websites (collectively, "Website") and your use of and/or access to the WW mobile applications ("Apps") both of which are owned or operated by WW.com, LLC or its affiliates (collectively, "WW.com," and together with the Service Provider and WW North America Holdings, LLC, "WW," "we," "us," or "our"), including any portions thereof available only to members. Communications concerning the Offerings should be sent to WW International, Inc., 675 Avenue of the Americas, New York, NY 10010, Attention: Customer Care.
In addition to the applicable terms set forth herein, please note that (i) access to any Workshops may be subject to additional terms and conditions which may be made available to you by the Service Provider (the "Workshop Terms and Conditions"), (ii) your use of Coaching may be subject to additional terms and conditions that will be made available on the Website or in the Apps (the "Coaching Terms"), and (iii) your use of the Website and Apps will also be subject to your agreement to terms and conditions provided on the Website and Apps (the "WW.com Terms and Conditions of Use"), which can be found here.
2. Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes – you may find it through the "Terms and Conditions" link at the bottom of each page on our Website or in the Menu of the Apps. By using the Website, Apps or any of the Offerings, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Offerings, Website, or Apps and you should cancel your membership.
3. Your Membership
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and Apps and the material provided thereon and through the Offerings, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a member. You agree to be financially responsible for your membership.
We reserve the right to cancel or terminate your use of and access to the Offerings, the Website (or any part thereof) and/or Apps without prior notice, including if you do not comply with this Agreement at any time. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Offerings or the Website and/or Apps, including, but not limited to, (i) restricting the time the Offerings, the Website and/or Apps are available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating anyone's right to use and/or access the Offerings, the Website and/or Apps. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Offerings, the Website and/or Apps, except for a refund of any prepaid fees or charges in accordance with Section 6 of this Agreement.
The WellnessWins Program is intended for your personal use only. Commercial use is strictly prohibited. The WellnessWins Program is not targeted to nor intended for use by anyone under the age of 18.
A. WellnessWins Program Description
The WellnessWins Program allows WW members to earn “Wins” for certain qualifying activities which can be redeemed for rewards (“Rewards”). There is no additional cost to participate. Wins are accrued for specific behaviors that have been identified as key drivers to success on the WW journey. Your progress in accumulating Wins can be viewed in the WW app.
B. WellnessWins Program Eligibility
All active members to Digital, Digital 360, Unlimited Workshops + Digital, 1-1 Coaching + Digital, or Total Access are eligible to participate in the WellnessWins Program. Pay as you go members are not eligible to participate as you must have access to the WW digital tools.
C. Earning Wins
The benefits that are available to you through the WellnessWins Program are based on the number of Wins that you earn. Wins are earned based on performing specific activities encouraged as part of the WW program, e.g.:
Food Tracking - track daily meals online (i.e., breakfast, lunch, dinner) and earn Wins for every tracked meal, limited to three meals per day.
Activity Tracking - track physical activity online (i.e., yoga, jogging, swimming, etc.) and earn Wins for every tracked physical activity, limited to one per day.
Weight Tracking - track your weight online or in the app and earn Wins limited to once per week (for Digital members and franchise Workshop members only.)
Workshop Attendance – attend a WW Workshop (excluding franchise locations) and earn Wins limited to once per week.
Challenge Achievement - earn extra Wins for participating in WW challenges throughout the year.
Syncing to an approved fitness device – synch with your approved fitness device and earn Wins.
Bonus Wins and additional activities may be provided from time to time
D. Redemption & Rewards
Rewards within the WellnessWins Program are determined by the number of Wins you accumulate in your account. You can redeem Wins for Rewards within the corresponding tier of Wins.
Rewards may differ based on where you are located and may include WW merchandise, merchandise fulfilled by third party partners, and services or experiences fulfilled by third party partners.
Rewards are subject to availability and may be changed without notice, but any substitutions will be of comparable value.
E. Wins Expiration
Earned Wins expire upon the effective date of cancellation, expiration or termination of your membership plan. Wins will remain in your account for two weeks after cancellation, expiration or termination of your membership, but you will only be able to redeem any such Wins if you rejoin the WW program within the two-week period.
F. Returns and Exchanges of Rewards
Returns/Exchanges of Rewards are only allowed in the case of merchandise defects. In all other cases, returns/exchanges will not be accepted and Wins will not be refunded.
G. Termination/Modification of the WellnessWins Program
WW reserves the right at any point to change or terminate any and all aspects of the WellnessWins Program in whole or in part, including but not limited to, the activities to earn Wins, the manner in which Wins are redeemed, and the reward levels and Rewards.
H. Disclaimer of All Warranties
THE WELLNESSWINS PROGRAM, SERVICE AND REWARDS ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WELLNESSWINS PROGRAM, SERVICE AND REWARDS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Wins have no cash value.
Wins have no purpose or use except in exchange for Rewards offered by WW via the WellnessWins Program.
Redemption offers may be time-limited or available only in limited quantities.
Member's Wins cannot be redeemed by, sold or otherwise transferred to, any other person.
Wins are not valid unless earned in strict compliance with the requirements of the WellnessWins Program, and members shall not attempt to earn Wins by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
If you have any problems, issues, complaints or concerns with any of the Rewards fulfilled by a third-party provider, you should address those problems, issues, complaints or concerns directly with such provider.
Rewards that are redeemed may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
Except for willful misconduct or gross negligence on the part of WW, by participating in the WellnessWins Program, members release WW, its subsidiaries, affiliates, suppliers, third party providers and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the WellnessWins Program or the use of any Rewards that are redeemed.
5. Charges and Fees
As a member, you are charged by your Service Provider a monthly (or other periodic) fee and joining or starter fee, if applicable at the time, as set forth at Workshop locations or on the Website or in the Apps. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access your membership. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website, in the Apps, or such other means as we may deem appropriate (including email or conventional mail). In addition to the fees we charge you, you are responsible for all charges and fees associated with signing up for and using your membership, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access or use the Offerings, the Website and/or Apps. After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) at the start of each renewal period, unless you have cancelled your membership before you are charged for the relevant renewal period. The renewal charge will be the same as the prior period’s charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above, or if you were previously signed up for a discount rate for which you are no longer eligible or a savings plan -- in which case your membership will automatically be renewed at our standard rate and for our standard period (usually monthly). If we offer you the choice to purchase another available savings plan, and you wish to purchase such savings plan, you must notify us before you are charged for the next membership period.
Each time you attend Workshops, participate in Coaching or log onto the Website and/or Apps you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your membership.
6. Cancellation of Membership
You can cancel your membership by contacting Customer Service or as otherwise set forth in the Monthly Pass/Total Access Cancellation Policy, which can be found at https://www.weightwatchers.com/us/cancellation. We will attempt to process all cancellation requests promptly, provided that you send your request via the acceptable methods.
From time to time, we may have special, discounted multi-month recur bill commitment plans with predetermined early termination fees in lieu of our standard cancellation policy. If you subscribe to such a plan and you decide to cancel at any during the commitment plan period, you will be charged the pre-determined early termination fee as specified in the plan offer terms.
We may allow you to cancel your membership with respect to the Workshop portion, the Coaching portion and/or the Website and Apps portions of your membership. In that case, this Agreement (and the Website and Apps Terms and Conditions as applicable) would continue to apply to your access to the Workshops provided by your Service Provider, Coaching and/or to the Website and Apps, to the extent that such access continues as part of your membership.
Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you attended Workshops, participated in Coaching or logged onto the Website or Apps during that month), and any sign-up or registration fee, are nonrefundable except as set forth below: (1) If you are canceling your membership within 5 days (or such other period as required by law) of your initial purchase, we will refund the full amount of such initial purchase. (2) If your membership is cancelled due to any of the following: medical reason, relocation (you move more than 15 miles from a Workshop location) or a Workshop closure and there is no other location within 5 miles of your new home or the closed Workshop) prior to the end of a period for which you have incurred a charge, then, with the exception of any fixed upfront fee we may have charged, we will refund any unused portion of such period. In addition, in certain states you may have additional rights with respect to cancellation, as set forth in Section 15 below. Notwithstanding Section 15, you may always cancel using any of the methods, and for any of the reasons, set forth at https://www.weightwatchers.com/us/cancellation. (3) If we terminate your membership (as opposed to you canceling your membership), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis. (4) If you cancel your membership and are entitled to any refund pursuant to this Section 7, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law.
8. Privacy and Security
9. Availability of Monthly Pass
The availability and use of your membership may be limited based on demographic, geographic, health or other criteria we may establish from time to time. You understand and agree we may disallow you from subscribing or may terminate your membership at any time based on these criteria. For example, individuals under the age of 18 may not subscribe. As a member, you represent that you are a United States citizen or resident with a valid United States mailing address. While you may use your membership to attend Workshops in any area, if you regularly attend Workshops operated by a Service Provider other than the Service Provider listed on your Monthly Pass, then in order to use your membership following the end of your current billing period, you may be required instead to sign up for a membership with the Service Provider operating the Workshops you regularly attend. Fees may vary by Service Provider.
You may not enroll in a WW membership if you are pregnant. As the WW program is not designed, nor tailored for pregnant members, if you become pregnant while an active member, we recommend that you cancel your membership until your Healthcare Provider (HCP) advises resuming post-pregnancy. However, you may discuss with your HCP whether continuing your WW membership is suitable for you. If so, you may maintain your membership at the pricing you signed up for and utilize our resources and support for healthy living during your pregnancy, subject to the following guidelines: 1) you should not follow the WW weight management program; and 2) you should be monitored by a HCP during your pregnancy and only follow your HCP’s advice with respect to your weight, nutrition, activity, mindset and sleep. By maintaining your membership during your pregnancy, you assume all risks of your use of this Website, the Apps, Coaching, and/or Workshops, and you agree to hold us harmless from any and all claims, loss or damage, liabilities and costs, including attorney’s fees, in connection with your use of this Website, the Apps, Coaching, and/or Workshops during your pregnancy. Alternatively, you may cancel your membership anytime during your pregnancy by visiting https://www.weightwatchers.com/us/cancellation.
10. Relationship between Service Provider and WW
Your Service Provider is a affiliate or franchisee of WW International, Inc., licensed to use its brand and intellectual property in Workshops and is responsible for your membership.
11. Health Notice and Disclaimer of Warranty
PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WW PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
This Website, the Apps and our Fee-Based Products provide weight loss and weight management information and applications, fitness information and activities, and mindset information and activities together with content published over the Internet and are intended only to assist users in their personal wellness journeys. WW is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website, the Apps or through the Fee-Based Products should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss regimen or undertaking any fitness activities or exercise routines. This Website, the Apps and the Fee-Based Products are intended for use only by healthy adult individuals and are not intended for use by minors or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss regimen, fitness activities or exercise routines. You agree that WW shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any WW program or fitness activities offered through the Website, the Apps and the Fee-Based Products.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, THE OFFERINGS, WEBSITE AND/OR APPS; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR MEMBERSHIP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR MEMBERSHIP, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH YOUR MEMBERSHIP), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR MEMBERSHIP. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any WW products or services (including, without limitation, Monthly Pass and Total Access, the Website and/or Apps, as applicable), your violation of this Agreement, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
14. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
15. State Law Provisions
a. Provisions applicable to you if you attend Workshops in California
(1) You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect, or cancel as provided in the Monthly Pass Cancellation Policy. This notice shall be sent to: WW International, Inc., 675 Avenue of the Americas, New York, NY 10010, Attention: Customer Care.
(2) You, or your estate, may cancel this contract for the following reasons: (i) you move your primary residence further than 50 miles from your current Workshop location and you cannot use your membership at a comparable Workshop location or (ii) you are unable to receive all services for which you have contracted, due to death or disability during the term of your contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you cancel for either of these reasons, you will be entitled to a pro-rated refund.
b. Provisions applicable to you if you attend Workshops in Iowa
(1) NOTICE TO BUYER: DO NOT ACCEPT THIS CONTRACT UNTIL YOU READ IT.
(2) BUYER'S RIGHT TO CANCEL:
You may cancel this transaction within three business days from the date you enter this agreement.
If you cancel, any payments made by you under the contract, less an administrative fee not to exceed twenty dollars, and any negotiable instruments executed by you will be returned within forty-five days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. After you cancel, we may request the return of all contracts, membership cards, and other documents or evidence of membership.
To cancel this transaction, send, or deliver a signed and dated copy of this cancellation notice or any other written notice by certified or registered mail to WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212, or cancel as otherwise provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access, not later than midnight of the third business day after your purchase.
(3) You, or your estate, may cancel this contract if you die or become totally physically disabled for the duration of the contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy. If you cancel for either of these reasons, you will be entitled to a pro- rated refund.
For Iowa residents only, the maximum length of this contract shall be thirty-six months from the date you sign up. You will be billed in monthly installments.
c. Provisions applicable to you if you attend Workshops in Maryland Notice of Consumer Rights:
(1) Our registration number with the Consumer Protection Division of the Office of the Attorney General is E2322.
(2) We have posted bond with the Consumer Protection Division of the state of Maryland in the amount of $4 million.
(3) If your regular Workshop location is closed for a period of longer than one month, you are entitled to your choice of either an extension of your contract or a prorated refund. If the closing is not the fault of the business, we are entitled to choose either the extension or refund.
d. Provisions applicable to you if you attend Workshops in South Carolina
For South Carolina residents only, the maximum length of this contract shall be twenty-four months from the date you sign up. You will be billed in monthly installment.
e. Provisions applicable to you if you attend Workshops in Wisconsin
(1) CANCELLATION AND REFUNDS
Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd operating day after the date on which you signed the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying us by any writing mailed or delivered to WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212, or canceling as otherwise provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you do so cancel, any payments made by you, less the value of services already provided, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by WW and arrangements will be made to relieve you of any further obligation to pay the same.
(2) You, or your estate, may cancel this contract if you die or become disabled during the term of your contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you cancel for either of these reasons, you will be entitled to a pro-rated refund.
16. Miscellaneous Terms
In any action against us arising from the use of your membership, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, as it may be updated from time to time, together with the Website and Apps Terms and Conditions and any Workshop Terms and Conditions, are the entire agreement between you and WW relating to the subject matter herein. WW may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under this Agreement (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
For purposes of this Agreement, if your Service Provider has been identified as “Weight Watchers UWIN,” your Service Provider is: (i) Weight Watchers of Salt Lake City, Inc., for Workshops in Utah, Wyoming or Nevada, or (ii) Weight Watchers of Southern Idaho, Inc., for Workshops in Idaho.
If your Service Provider has been identified as “Weight Watchers of Greater MS, So. AL, FL Panhandle,” your Service Provider is: (i) WW Inc. dba Weight Watchers In Greater Mississippi, Inc., for Workshops in Mississippi, or (ii) BJM Inc. dba Weight Watchers of Southern Alabama and Florida Panhandle, Inc., for Workshops in Alabama and Florida.
You acknowledge that you are agreeing to either WW Unlimited Workshops + Digital or Total Access plan, the primary purpose which is the right to attend Workshops and, if you purchase Total Access, the right to the use of personal coaching services. While WW provides access to Apps in concert with your purchase of the Workshops plan, such access is not the primary purpose of the Workshops plan.
WW.com Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE AND APPS HERE.
(Last modified as of December 18, 2020)