WW Workshops Agreement

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THIS AGREEMENT OR THE WORKSHOPS WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

Communications concerning this Agreement should be sent to WW International, Inc., 18 West 18th Street, New York, NY 10011, Attention: Customer Care.

1. ACCEPTANCE OF THIS AGREEMENT

The following WW Workshops Agreement (“Agreement”) governs your ability to attend and participate in a Weight Watchers workshop (“Workshop”). For purposes of this Agreement, “Weight Watchers,” “we,” “us,” or “our” means WW.com, LLC and its affiliates (together, “WW”). For purposes of this Agreement, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, WW.com, LLC, including, without limitation, WW International, Inc. ("WW International") and its subsidiaries. 

Please read this Agreement carefully before you attend a Workshop. By attending a Workshop, you accept and agree to be bound and abide by this Agreement and you acknowledge our Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you must not attend a Workshop. By attending a Workshop, you represent and warrant that (a) you are at least 18 years old and of legal age to form a binding contract with us and (b) you do not have an active diagnosis of bulimia nervosa or anorexia nervosa. If you do not meet all of these requirements, you must not attend a Workshop.

In addition to the applicable terms set forth herein, please note that access to any Workshops may be subject to additional terms and conditions which may be made available to you.

2. ATTENDING THE WORKSHOPS

THE WORKSHOPS SHOULD NOT BE ATTENDED DURING A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The content made available to you through the Workshops, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. The Workshops are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing in the Workshops, whether provided by Weight Watchers, its content providers, nutritionists and health coaches, clients, visitors to the Workshops, or others, is solely at your own risk. However, if a Weight Watchers representative reasonably suspects that you may be experiencing a health emergency, or may be a danger to yourself or another person, Weight Watchers reserves the right, and you expressly agree, that Weight Watchers may contact the appropriate emergency services, including calling 911, contacting child protection services, a suicide hotline, or other appropriate service. For more information, you should review our Health Notice and Consumer Bill of Rights, which are incorporated into this Agreement by this reference.

Your privilege to attend any Workshop is conditioned on your compliance with this Agreement and applicable law.  We may revoke your right to attend any Workshop and/or take any other appropriate measures to enforce this Agreement if violations are brought to our attention.

3. INTELLECTUAL PROPERTY RIGHTS

The Workshops and the entirety of their contents (including, but not limited to, live video and audio broadcasts, slide presentations, digital displays, text, chat logs, downloadable materials, software, and the design and arrangement thereof), are owned by us, our licensors or other third-party providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Workshops or any content on the Workshops is transferred to you, and we reserve all rights not expressly granted herein. You are strictly prohibited from recording, capturing, downloading, or redistributing any portion of the Workshops without express written permission. Any unauthorized use of these services breaches this Agreement and may violate copyright, trademark, and other laws.

Our name, brands, logos, slogans and other trademarks are our trademarks. WW International is the trade name and Weight Watchers and WW are the trademarks and service marks of WW. All other names, brands, logos, and product names, and designs appearing in the Workshops are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

4. RELIANCE ON THIRD PARTY SERVICES, CONTENT & RESOURCES

We may utilize third-party platforms, software, or tools to host our Workshops (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of Weight Watchers, and Weight Watchers is not responsible for any Third-Party Services. Weight Watchers does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services or any product or service provided in connection therewith. When you access a Third-Party Service in connection with attending a Workshop, you become subject to the terms and conditions (including privacy policies) of such Third-Party Service.

If the Workshops contain links to other websites and resources, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you click on any links shared during a Workshop, you do so entirely at your own risk.

5. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that live video streams, links, chat features, or authorized digital files available for download during the Workshops will be free of viruses, malware, or other destructive code.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, OR DATA DUE TO YOUR ATTENDANCE AT THE WORKSHOPS OR THE DOWNLOADING OF ANY MATERIALS PROVIDED THEREIN.

THE WORKSHOPS, THEIR CONTENT, AND ANY MATERIALS OBTAINED THROUGH THE WORKSHOPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ATTENDANCE AT AND PARTICIPATION IN THE WORKSHOPS IS AT YOUR OWN RISK AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR THIRD-PARTY PLATFORM PROVIDERS, HOSTS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR UNINTERRUPTED OPERATION OF THE WORKSHOPS OR THE STREAMS AND INFORMATION INCLUDED THEREON.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WORKSHOPS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM SERVERS ARE FREE OF HARMFUL COMPONENTS, OR THAT THE WORKSHOPS WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WORKSHOPS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF THE WW PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WORKSHOPS, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

6. LIMITATION ON LIABILITY

IN NO EVENT WILL THE WW PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN, OR INABILITY TO ATTEND, THE WORKSHOPS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WW PARTIES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE WORKSHOPS FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE WORKSHOPS.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WORKSHOPS. THE OPERATION OF THE WORKSHOPS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE PARTICIPATION IN OR INABILITY TO ATTEND THE WORKSHOPS, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WORKSHOPS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WORKSHOPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE WORKSHOPS. THE MAXIMUM LIABILITY OF THE WW PARTIES TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ATTENDING THE WORKSHOPS. 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 THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WEIGHT WATCHERS AND YOU. THE WORKSHOPS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

7. LIABILITY WAIVER

While participating in the fitness and wellness classes, in-person and online programming, or other programs offered through Workshops (collectively, the “Programs”), you agree to comply with all applicable laws, and to abide by all rules, regulations, policies, and directions established or provided by Weight Watchers, our affiliates, licensors, and third-party providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “WW Parties”).

A. Activity Waiver. You are solely responsible for determining if you are physically and mentally fit and sufficiently skilled to participate in the activities contemplated in the Programs. You acknowledge and agree that your participation in the Programs is voluntary, that you are in good mental and physical health, and that you are able to participate in any activities offered through the Programs. You further acknowledge that participation in the Programs involves certain inherent risks of injury and you voluntarily agree, as a condition of participation, to assume all risks of any injuries, costs, damages or losses of any kind or severity that you may sustain as a result of participating in any activities associated with the Programs.

B. Premises/Equipment Waiver. You understand that the use of the premises owned, leased, or otherwise controlled by the WW Parties (the “Premises”), as well as use of or proximity to any equipment located on the Premises or otherwise provided by the WW Parties involves certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. You acknowledge, understand, and appreciate these and other risks associated with your presence on or about the Premises and your use of or proximity to any equipment. You further acknowledge that your presence and use are voluntary and that you knowingly assume all risks related thereto.

C. Release of Liability. As consideration for Weight Watchers permitting you to participate in the Programs, and to the maximum extent permitted by applicable law, you hereby irrevocably release, waive and discharge the WW Parties from any and all claims, demands, liabilities, losses, damages, costs or causes of action of any kind (including negligence, strict liability, product liability or any other legal theory), that you and/or your heirs, successors, or assignees may now have or hereafter have, arising out of or relating to (a) your participation in such Programs or your presence on the Premises, including, without limitation, any death, personal injury, property damage, financial or other loss, damage, cost or expense; (b) any property that is lost, stolen, or damaged on or about the Premises; or (c) the WW Parties’ exercise of the rights granted under this Agreement. You further expressly waive any and all claims related in any way to death, personal injury, property damage, financial or other loss, damage, cost or expense, and you hereby covenant not to bring, assert or maintain any such claim against any of the WW Parties, or any other party related to the subject matter in this Section.

8. INDEMNIFICATION

‍You agree to defend, indemnify and hold harmless the WW Parties, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of this Agreement or the terms in our other policies and agreements that you agree to be bound by, your use of any information obtained from the Workshops, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

9. DISPUTE RESOLUTION

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, we and you (collectively, the “Parties”) shall use best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of thirty (30) days, then all disputes shall be resolved by binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. Such a notice should be mailed to:

WW International, Inc.,

18 West 18th Street

New York, NY 10011

Attention: Dispute Notice

The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the Parties.

Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

10. CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the Parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

11. LIMITATION OF TIME TO FILE CLAIMS

Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

12. MISCELLANEOUS

A. Governing Law and Jurisdiction. ‍All matters relating to the Workshops and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of New York regardless of where you attend the Workshop, and notwithstanding any conflicts of law principles. You agree that any action at law or in equity arising out of or relating to your attendance at a Workshop or 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.

B. Notices. ‍You agree that we may provide you with notices, including those regarding changes to this Agreement, by email to the address you provide to us.

C. No Affiliation with Weight Watchers. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or third-party providers.

D. Entire Agreement. ‍This Agreement and our Privacy Policy constitute the entire agreement between you and Weight Watchers with respect to the subject matter herein. This Agreement supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Workshops. For purposes of clarity, this Agreement shall not supersede or replace any consents that you have agreed to with the WW Clinic Providers (as defined in the WW Clinic Membership Agreement) or any separate agreements you agree to with our partners. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.

E. Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.