The Care in the WHOOP Connected Care Program is provided by WHOOP Physician Services, P.C. and its affiliated professional corporations (the "Practice") through the licensed clinicians the Practice employs or engages. WHOOP, Inc. and its affiliates ("WHOOP") supply the band, software and other technology that support the Care. WHOOP states that it does not practice medicine, does not establish a physician-patient relationship with you, and is not responsible for any clinical decisions, advice or recommendations made in connection with the Care. The agreement describes the Practice as independent from WHOOP and solely responsible for the professional services it provides to you. In this agreement "we", "us" and "Practice" mean the Practice, not WHOOP, Inc.
Supporting quotations
provided to you by WHOOP Physician Services, P.C. and its affiliated professional corporations
All Care provided under the WHOOP Connected Care Program is provided to you by Practice and the licensed clinicians employed or engaged by Practice, and not by WHOOP, Inc. or its affiliates
WHOOP does not practice medicine, does not establish a physician-patient relationship with you, and is not responsible for any clinical decisions, advice, or recommendations made in connection with the Care
Practice is independent from WHOOP, and Practice is solely responsible for the professional services that it provides to you.
Qualifications & exceptions
These statements allocate responsibility for professional services and clinical decisions between the Practice and WHOOP.
Not stated here
What the Practice and WHOOP, Inc. agree between themselves, and how responsibility for the band, software or your data is divided, is not stated in this agreement.
Legal Rights & Agreement Rules · Context
The agreement covers ACCESS Model care in the United States, version dated August 5, 2026
This agreement sets terms for technology-supported care ("Care") that the Practice provides in connection with its participation in the Centers for Medicare & Medicaid Services ACCESS Model. The Care the Practice offers through that program is called the WHOOP Connected Care Program, and the reader is asked to read the agreement carefully before receiving it. The version is marked as last updated August 5, 2026. The program is available only to individuals in the United States.
Supporting quotations
Last Updated: August 5, 2026
covers important information about technology-supported care
in connection with Practice’s participation in the Centers for Medicare & Medicaid Services Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model
The WHOOP Connected Care Program is only available to individuals in the United States.
Not stated here
The agreement does not describe which clinical services the Care includes, what it costs or who pays for it.
Eligibility requirements other than being an individual in the United States are not stated in this text.
Legal Rights & Agreement Rules · Restriction or exception
Supplemental Terms, including the Consent to Care, are incorporated and control if they conflict
"You" and "your" mean the person receiving Care from the Practice. When you receive Care you may also be subject to additional terms for that Care ("Supplemental Terms"). These can be provided or made accessible to you from time to time, or shown for your acceptance when you sign up for or access the Care, and the text names the Consent to Care as one of them. All such terms are incorporated into this agreement by reference. If this agreement and the Supplemental Terms are inconsistent, the Supplemental Terms control for that Care, but only to the extent of the inconsistency.
Supporting quotations
INTRODUCTION
How this Agreement Applies to You
“You” and “your” refer to the person receiving Care from Practice.
you may be subject to any additional terms applicable to such Care (“Supplemental Terms”) that may be provided or made accessible to you from time to time, or presented to you for your acceptance when you sign up for or access the Care (including the Consent to Care)
All such terms are hereby incorporated by reference into this Agreement.
If the terms of this Agreement are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such Care, but only to the extent of such inconsistency.
Not stated here
The Supplemental Terms, including the Consent to Care, are not part of this text, so their content and any conflicts with this agreement cannot be assessed here.
The text does not say how you would be told about new Supplemental Terms beyond their being provided, made accessible or presented to you.
Legal Rights & Agreement Rules · Restriction or exception
Receiving Care in any manner means you agree to be bound
By receiving Care in any manner you acknowledge that you have read and understood this agreement and agree to be legally bound by it. If you do not accept and agree to be bound, the agreement says you are not authorized to receive Care.
Supporting quotations
By receiving Care in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
If you do not accept and agree to be legally bound by this Agreement, you are not authorized to receive Care.
Not stated here
The text does not define what counts as receiving Care "in any manner" or describe a separate acceptance step.
Legal Rights & Agreement Rules · Permission or license
The Practice may change this agreement at any time; continuing Care means acceptance
The Practice may modify this agreement at any time. A modification takes effect once the update is provided or made accessible to you, and unless the update says otherwise it takes effect immediately. If a change is material, the Practice also emails an updated copy to the address you gave it. By continuing to receive Care after a modification you agree to be bound by the modified agreement, and the Practice may require you to give consent to the updated agreement in a specified manner before further Care is provided.
Supporting quotations
Practice may modify this Agreement at any time and such modification will be effective upon providing or making such updates accessible to you.
If a change is material, we will also send an email with an updated copy of this Agreement to you at the email address you provided to Practice.
Unless otherwise stated in such update, any changes to this Agreement will be effective immediately.
By continuing to receive Care after such modification, you are agreeing to be legally bound by the modified Agreement.
Practice may require you to provide consent to the updated Agreement in a specified manner before further Care is provided.
Qualifications & exceptions
The email is described only for material changes; other changes are effective on posting or access.
Not stated here
The text does not define which changes are "material".
It does not say whether the email for a material change is sent before or after the change takes effect.
Legal Rights & Agreement Rules · User right or choice
You can reject an updated agreement by email within 30 days and stay on the prior version
You may reject an updated agreement by emailing the Practice at support@whoop.com with your name, the email address you gave the Practice, and a statement that you are rejecting the update. The Practice must receive the notice within thirty days of the posting of the updated agreement. If timely notice is received, your receipt of Care stays subject to the prior agreement until your participation in the WHOOP Connected Care Program ends. The paragraph ends by saying that by continuing to receive Care "after such events" you agree to be bound by the modified agreement.
Supporting quotations
You may reject the updated Agreement by emailing Practice at support@whoop.com stating your name and the email address you provided to Practice and that you are rejecting the updated Agreement.
Such rejection notice must be received within thirty (30) days of the posting of the updated Agreement.
If timely notice is received, your receipt of Care shall remain subject to the prior Agreement until your participation in the WHOOP Connected Care Program ends.
By continuing to receive Care after such events, you are agreeing to be legally bound by the modified Agreement.
Qualifications & exceptions
The right applies to an updated agreement; the arbitration section has its own modification rule that says changes do not reopen the arbitration opt-out.
Not stated here
The final sentence says continuing to receive Care "after such events" binds you to the modified agreement, but the text does not say which events it means or how it fits with staying under the prior agreement after a timely rejection.
Health information uses are described in a separate Notice of Privacy Practices
This agreement does not itself set out how the Practice uses and discloses your protected health information. It says those details are in the Practice's Notice of Privacy Practices, which the agreement links to.
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Your Protected Health Information
Details of how Practice uses and discloses your protected health information are set out in Practice’s Notice of Privacy Practices
Not stated here
The Notice of Privacy Practices is linked but its text is not part of this document, so what health information is collected, used or disclosed, and to whom, is not stated here.
Legal Rights & Agreement Rules · Restriction or exception
Binding arbitration and class and jury trial waivers apply unless you opt out within 30 days
A capitalised notice at the start warns that the Dispute Resolution section (called Section 6) contains an agreement to arbitrate. With limited exceptions, all disputes between you and the Practice are resolved by binding and final arbitration, and the section also contains a class action and jury trial waiver. Unless you opt out within thirty days, you may pursue disputes only through binding arbitration, you waive class actions, other representative proceedings and class-wide arbitration, and you waive going to court and having a jury trial. The Dispute Resolution section lists the exceptions: small claims court claims that qualify and stay there, and equitable relief in court for infringement or misuse of intellectual property rights. It also says only individual relief is available, and the opt-out is by written notice to legalnotices@whoop.com within thirty days after first becoming subject to the Arbitration Agreement.
Supporting quotations
SECTION 6 (DISPUTE RESOLUTION) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION
SECTION 6 (DISPUTE RESOLUTION) ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS
YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION
YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL
you or Practice may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court
you or Practice may seek equitable relief in court for infringement or other misuse of intellectual property rights
ONLY INDIVIDUAL RELIEF IS AVAILABLE.
within thirty (30) days after first becoming subject to this Arbitration Agreement
Qualifications & exceptions
"Us" in the notice means the Practice. The exceptions are limited to those the Dispute Resolution section lists.
If you opt out of arbitration, the other parts of the agreement still apply.
Not stated here
The text does not say how the arbitration terms apply to any claim against WHOOP, Inc.; the Arbitration Agreement is stated between you and the Practice.
Use & Processing · Company practice
Care is delivered with AI Technology, including third-party language models
The Practice says it will provide Care using artificial intelligence technology ("AI Technology"), which relies on the band and software WHOOP provides as tailored and modified by the Practice for the program. Some components, including third-party large language models, let you submit queries or other prompts, and the AI Technology generates and returns content, recommendations, data or other information ("Output"). The agreement describes AI Technology as new and evolving.
Supporting quotations
Technology-Supported Care
Practice will provide Care using artificial intelligence technology (“AI Technology”), which relies upon the band and software provided by WHOOP as tailored and modified by Practice for the WHOOP Connected Care Program.
Certain components of AI Technology, including third-party large language models, allow you to submit queries or other prompts, and the AI Technology will generate and return to you content, recommendations, data, or other information (“Output”).
AI Technology is new and evolving.
Not stated here
Which third-party large language models are used, what information from your band, account or prompts is sent to them, and whether it is kept or used for training are not stated in this agreement.
The text does not say whether or how a clinician reviews Output before it reaches you.
Use & Processing · Restriction or exception
You acknowledge a list of limitations of AI Technology and its Output
You acknowledge and agree that, in addition to the limits elsewhere in the agreement, AI Technology and its Output have numerous limitations. The listed limits are that Output may contain errors or misleading information and may not be accurate or reliable; the technology rests on predefined rules and algorithms and can produce repetitive or formulaic content; it can misread language such as slang, idioms and cultural references; it lacks emotions and may lack empathy; it can perpetuate biases in its training data and produce discriminatory or offensive Output; it can struggle with complex tasks needing reasoning, judgment and decision-making; it needs large amounts of data to train and that data may be poor or biased, harming accuracy and quality; and Output can lack a personal touch and seem cold or impersonal.
Supporting quotations
You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output that it generates
(i) it may contain errors or misleading information and may not be accurate or reliable
(v) AI Technology can perpetuate biases that are present in the data used to train it, which can result in Output that is discriminatory or offensive
(vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making
(vii) AI Technology requires large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output
Qualifications & exceptions
The acknowledgement is stated as additional to the limitations and restrictions elsewhere in the agreement.
Use & Processing · Restriction or exception
AI is not a human, responses are not guaranteed and may be incorrect
You acknowledge and agree that AI Technology is not a human and is not a replacement for human interaction and advice. You also acknowledge that the Practice does not guarantee that any responses will be helpful or accurate, and that generative AI technology is known to hallucinate or otherwise provide incorrect answers.
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YOU ACKNOWLEDGE AND AGREE THAT AI TECHNOLOGY IS NOT A HUMAN AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE.
PRACTICE DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE
GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS
Use & Processing · User right or choice
Output is informational and you must use independent judgment and your regular physician
You acknowledge that AI Technology is a tool and resource intended only as a supplement to your independent confirmation and judgment and to consultation with your regular physician or other qualified healthcare provider. You will use independent judgment and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional.
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YOU UNDERSTAND THAT THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH YOUR REGULAR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER
You will use independent judgment and discretion before relying on or otherwise using Output.
Output is for informational purposes only and is not a substitute for advice from a qualified professional.
Not stated here
The agreement does not say whether Output that the Practice's clinicians have reviewed is covered by the statement that Output is not a substitute for advice from a qualified professional.
Legal Rights & Agreement Rules · Restriction or exception
The Practice disclaims liability for your use of AI Technology to the extent the law allows
To the extent permitted by law, the Practice bears no liability to you or anyone else arising from or relating to your use of AI Technology. This sentence has no carve-out of its own. The Limitation of Liability section separately says its limitation does not apply to liability of a Practice Party for death or personal injury caused by that party's negligence or for injury caused by its fraud or fraudulent misrepresentation, but the AI sentence does not say whether those exclusions also limit this disclaimer.
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TO THE EXTENT PERMITTED BY LAW, PRACTICE BEARS NO LIABILITY TO YOU OR ANYONE ELSE ARISING FROM OR RELATING TO YOUR USE OF AI TECHNOLOGY.
LIMITATION OF LIABILITY
THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A PRACTICE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PRACTICE PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A PRACTICE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION
Qualifications & exceptions
Limited by "to the extent permitted by law".
Not stated here
Whether the death, personal injury and fraud carve-outs apply to this AI liability sentence is not stated.
The Practice can change or discontinue Care features without notification
The Practice says it can always change the Care without notification. It lists four situations: to comply with law, regulation, court order or government action; to make technical adjustments and improvements, for example to address a security threat; to update and improve the Care; and to discontinue any feature or component of the Care. "We" here means the Practice.
Supporting quotations
Changes to Care
We can always change the Care without notification:
to comply with law, regulation, court order, or government action;
to make technical adjustments and improvements, for example to address a security threat;
to update and improve the Care; and
to discontinue any feature or component of the Care.
Not stated here
The text does not say whether the four listed situations are the only ones, whether you get any alternative or remedy when a feature is discontinued, or how this fits with the separate notice rules for changes to the agreement itself.
Legal Rights & Agreement Rules · Restriction or exception
Care is provided as is, without warranties
Except to the extent applicable law permits otherwise, the Care is provided on an "as is" and "as available" basis without any express or implied warranties or conditions of any kind. The Practice disclaims all implied warranties and conditions to the fullest extent permitted by law, including merchantability, non-infringement of third parties' rights and fitness for a particular purpose.
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DISCLAIMER OF WARRANTY
EXCEPT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE CARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND.
WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Legal Rights & Agreement Rules · Restriction or exception
No representations about accuracy, completeness, timeliness, availability or information errors
To the fullest extent permitted by law, the Practice, its affiliates, partners, and their officers, directors, employees, agents, suppliers or licensors (the "Practice Parties") make no warranties or representations about the Care, including accuracy, completeness, timeliness or reliability, and including the availability level of the Care on a daily or weekly basis. The Practice Parties also say they are not subject to liability for the truth, accuracy or completeness of any information conveyed to you in connection with the Care, for errors, mistakes or omissions in it, or for delays or interruptions of the data or information stream from whatever cause.
Supporting quotations
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (“PRACTICE PARTIES”), MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CARE, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY (INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY LEVEL OF THE CARE ON A DAILY OR WEEKLY BASIS)
THE PRACTICE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO YOU IN CONNECTION WITH THE CARE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE
Not stated here
Whether WHOOP, Inc. counts as one of the Practice Parties (for example as an affiliate, partner, supplier or licensor) is not stated; elsewhere the agreement calls the Practice independent from WHOOP.
Charges & Financial Obligations · Restriction or exception
You receive Care at your own risk and bear equipment and data servicing costs
The Practice Parties make no warranty that the Care will be available, error free, or free of computer viruses or similar contamination or destructive features. If receiving the Care results in a need to service or replace equipment or data, the Practice says it will not be responsible for those costs. You agree that you receive the Care at your own risk.
Supporting quotations
FURTHER, THE PRACTICE PARTIES MAKE NO WARRANTY THAT THE CARE WILL BE AVAILABLE ERROR FREE OR THAT THE CARE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES
IF YOUR RECEIPT OF THE CARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS
YOU AGREE THAT YOU RECEIVE THE CARE AT YOUR OWN RISK.
Legal Rights & Agreement Rules · Restriction or exception
No promise about the level or availability of support services
The Practice says it endeavors to provide high quality support services to its patients, but to the fullest extent permitted by law it disclaims any representations or warranties about the level or availability of those support services.
Supporting quotations
WHILE WE ENDEAVOR TO PROVIDE HIGH QUALITY SUPPORT SERVICES TO OUR PATIENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, PRACTICE DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEVEL OR AVAILABILITY OF SUPPORT SERVICES
Legal Rights & Agreement Rules · Restriction or exception
No liability for lost profits, data, or indirect and consequential damages
To the fullest extent provided by law, the Practice Parties will not be liable for loss of profits, revenue or data, or for indirect, incidental, special or consequential damages, or damages from loss of production or use, business interruption or procurement of substitute goods or services, whether or not advised of the possibility. This applies on any theory of liability, including damage resulting from receiving or being unable to receive the Care; data, information or messages obtained in connection with the Care; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party; or any other matter related to the Care. The limitation does not apply to liability of a Practice Party for death or personal injury caused by its negligence, or for injury caused by its fraud or fraudulent misrepresentation.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PRACTICE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE RECEIPT OR INABILITY TO RECEIVE THE CARE; (ii) ANY DATA OR INFORMATION OBTAINED OR MESSAGES RECEIVED IN CONNECTION WITH THE CARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE CARE; OR (v) ANY OTHER MATTER RELATED TO THE CARE
THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A PRACTICE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PRACTICE PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A PRACTICE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION
Qualifications & exceptions
Unauthorized access to or alteration of your transmissions or data is among the listed causes for which the exclusion applies.
Not stated here
The carve-outs name only death or personal injury caused by negligence and injury caused by fraud or fraudulent misrepresentation; the text does not mention other kinds of claims.
Charges & Financial Obligations · Restriction or exception
Liability is capped at the greater of $100 or the statutory remedy
To the fullest extent permitted by law, the Practice Parties will not be liable to you for more than the greater of $100 or, if applicable, the statutory remedy or penalty imposed by the statute under which the claim arises. The cap does not apply to liability of a Practice Party for death or personal injury caused by its negligence, or for injury caused by its fraud or fraudulent misrepresentation. The agreement calls the damage limitations a fundamental element of the basis of the bargain between the Practice and you.
Supporting quotations
THE PRACTICE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) $100; OR (ii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES
THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A PRACTICE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PRACTICE PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A PRACTICE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRACTICE AND YOU.
Not stated here
The cap's carve-outs are the two listed; the text does not say how the cap applies to other kinds of claims or injuries.
Retention & Deletion · Restriction or exception
The Practice assumes no responsibility for timeliness, deletion or storage of what you provide
To the fullest extent permitted by law, the Practice assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information that you provide or your communications.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED BY LAW, PRACTICE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY INFORMATION THAT YOU PROVIDE OR YOUR COMMUNICATIONS
Not stated here
The sentence follows the cap carve-outs but does not say whether those carve-outs apply to it.
Legal Rights & Agreement Rules · Restriction or exception
You agree to hold the Practice and related parties harmless for listed claims
To the extent permitted by law, you agree to hold the Practice and its subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from claims, actions or demands, including reasonable legal and accounting fees, arising or resulting from your breach of the agreement, your misuse of the Care, or your violation of applicable laws, rules and regulations. You also agree to cooperate with any reasonable requests that assist the defense of the matter.
Supporting quotations
INDEMNITY
To the extent permitted by law, you agree to hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of this Agreement, (ii) your misuse of the Care, or (iii) your violation of applicable laws, rules and regulations.
You agree to cooperate with any reasonable requests assisting our defense of such matter.
Not stated here
The text does not define what counts as "misuse of the Care".
Account & Service Control · Context
The agreement lasts while you receive Care
The term of the agreement begins on the date you accept it and continues in full force and effect while you receive Care. Later provisions say some sections survive termination.
Supporting quotations
TERM
The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you receive Care.
Not stated here
This section does not describe how you or the Practice may end the Care or the agreement.
Legal Rights & Agreement Rules · Restriction or exception
Almost all disputes about the Care go to binding arbitration, with two exceptions
The Dispute Resolution section opens with a warning that it requires you to arbitrate certain disputes with the Practice and limits how you can seek relief. You and the Practice agree that any disagreement, controversy or claim arising out of or relating in any way to the Care, to communications you receive from the Practice or a third party in connection with the Care, or to the agreement and its prior versions (each a "Dispute") will be resolved by binding arbitration rather than in court. Two exceptions are listed: either party may bring qualifying small claims court claims that stay in small claims court, and either party may seek equitable relief in court for infringement or other misuse of intellectual property rights. "Dispute" also includes disputes not noticed when you first became subject to the agreement but that arose from earlier facts or earlier versions, and disputes that arise after the agreement ends.
Supporting quotations
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY (“ARBITRATION AGREEMENT”) BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
any disagreement, controversy, or claim arising out of or relating in any way to the Care, any communications you receive from Practice or a third party in connection with the Care, or the Agreement and prior versions of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court
except that: (i) you or Practice may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Practice may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents)
“Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement but that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as disputes that may arise after the termination of this Agreement
Qualifications & exceptions
The exceptions apply "subject to the terms of this Arbitration Agreement".
Not stated here
The text names only two exceptions and does not separately address claims about medical or clinical care.
The Arbitration Agreement is stated between you and the Practice; the text does not say how it applies to claims against WHOOP, Inc.
Legal Rights & Agreement Rules · Procedure
You must try informal dispute resolution for 45 days before arbitration or small claims
You and the Practice agree to take part in good faith informal efforts to resolve Disputes before starting an arbitration or an action in small claims court ("Informal Dispute Resolution"). Either party can ask the other to meet and confer by phone in an "Informal Dispute Resolution Conference". If you have a lawyer your lawyer may take part, but you must also take part personally. The process lasts forty-five days and is a mandatory precondition to starting arbitration.
Supporting quotations
You and Practice agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”).
either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”)
If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration.
Legal Rights & Agreement Rules · Procedure
How to start informal resolution: a signed written Notice with required contents
To start Informal Dispute Resolution a party gives written notice ("Notice") to the other. Notice to the Practice should be sent by email to legalnotices@whoop.com or by regular mail to One Kenmore Square, #601, Boston, MA 02215. The Notice must include your name, telephone number, mailing address and the email address you gave the Practice; your counsel's contact details, if any; and a description of the Dispute including the specific relief sought. The Practice will send its Notice to your email or regular address on file, and it is your responsibility to keep those addresses correct and up to date. The initiating party must sign the Notice: you personally or a Practice representative.
Supporting quotations
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”).
Such Notice to Practice should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215.
The Notice must include: (i) your name, telephone number, mailing address, and email address you provided to Practice; (ii) the name, telephone number, mailing address and email address of your counsel, if any; and (iii) a description of the Dispute, including the specific relief sought.
It is your responsibility to ensure that your email and regular address are correct and remain up to date.
The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Practice representative).
Legal Rights & Agreement Rules · Procedure
Informal resolution conferences are held one dispute at a time
If either party asks for an Informal Dispute Resolution Conference, it must be individualized: a separate conference is held each time either party initiates a Dispute, even if the same law firm, group of law firms or organizations represents multiple patients in similar cases, unless all parties agree. Multiple individuals who initiate Disputes cannot take part in the same conference unless all parties agree.
Supporting quotations
The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple patients in similar cases, unless all parties agree
multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree
Legal Rights & Agreement Rules · User right or choice
Time limits are paused during informal dispute resolution
The statute of limitations and any filing deadlines are tolled, meaning paused, while the parties engage in Informal Dispute Resolution.
Supporting quotations
The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Not stated here
The text does not say how a pause is measured if informal efforts stop before the 45 days end.
Legal Rights & Agreement Rules · Restriction or exception
You and the Practice waive court and jury trial for Disputes sent to arbitration
You and the Practice waive constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. All Disputes are instead resolved by arbitration under the Arbitration Agreement, except as specified in the Applicability subsection. The agreement notes that there is no judge or jury in arbitration and that court review of an arbitration award is very limited.
Supporting quotations
YOU AND PRACTICE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Practice are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above.
There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Legal Rights & Agreement Rules · Restriction or exception
Claims only on an individual basis; class waiver with a court-decided severance
You and the Practice may bring claims against each other only on an individual basis, not as a class, representative or collective, and waive all rights to have any Dispute heard or arbitrated on that basis. Only individual relief is available, and the arbitrator may award declaratory or injunctive relief only for the individual party and only as needed for that party's individual claim. If a final decision, not subject to further appeal, finds the waiver invalid or unenforceable for a particular claim or request for relief, such as a request for public injunctive relief, only that claim or request is severed from arbitration and may be litigated in the courts named in the Governing Law; Venue subsection. Severed claims may not proceed in litigation and are stayed until all other Disputes remaining in arbitration are finally resolved. The subsection does not prevent either party from taking part in a class-wide or mass settlement. Disputes about whether this waiver is unenforceable, illegal, void, voidable or breached are decided by a court, not the arbitrator.
Supporting quotations
EACH OF PRACTICE AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS
ONLY INDIVIDUAL RELIEF IS AVAILABLE.
the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim
if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Practice agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts designated by the subsection entitled “Governing Law; Venue” below
any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved
This subsection does not prevent you or Practice from participating in a class-wide or mass settlement of claims.
all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief” above, including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator
Legal Rights & Agreement Rules · Procedure
The Federal Arbitration Act governs; arbitration is available after 45 days
The agreement says it involves interstate commerce and, despite other provisions on the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. section 1 et seq., governs the interpretation and enforcement of the Arbitration Agreement, including the Batch Arbitration procedures and any arbitration. If informal resolution does not resolve the Dispute satisfactorily within forty-five days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference if one was requested, either party has the right to resolve the Dispute through binding arbitration.
Supporting quotations
The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration.
If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Practice agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
Not stated here
The text does not say who decides whether informal efforts resolved a Dispute "satisfactorily", or which comes first if a requested conference finishes before the 45 days end.
Legal Rights & Agreement Rules · Procedure
The National Arbitration & Mediation (NAM) administers under its rules as modified
Arbitration is administered by the National Arbitration & Mediation ("NAM") under the NAM Comprehensive Dispute Resolution Rules and Procedure in effect at the time of arbitration, supplemented where applicable by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, and as modified by the Arbitration Agreement. The agreement says the NAM rules are available at a NAM website.
Supporting quotations
The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration
except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures
and as modified by this Arbitration Agreement
Not stated here
The NAM rules and fee schedules are linked but their text is not part of this document, so their content and how they differ from this Arbitration Agreement are not known here.
Legal Rights & Agreement Rules · Procedure
Starting arbitration requires a Demand with required contents, signed by counsel if represented
A party who wants to start arbitration gives the other party a request for arbitration (the "Demand"). The Demand must include the requesting party's name, telephone number, mailing address and email address, along with the email address the requester gave the Practice; a statement of the legal claims and the factual bases; a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in US dollars; a statement certifying completion of Informal Dispute Resolution; and a statement certifying that the requesting party will pay any necessary filing fees. A Demand to the Practice should go by email to legalnotices@whoop.com or regular mail to the Boston office. If the requester is represented by counsel, the Demand must also include counsel's contact details and counsel must sign it.
Supporting quotations
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”).
(ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process as described above; and (v) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration
Any Demand you send to Practice should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.
Legal Rights & Agreement Rules · Restriction or exception
Counsel who signs a Demand certifies it meets Federal Rule 11(b)-style standards
By signing the Demand, counsel certifies, to the best of counsel's knowledge after reasonable inquiry and consistent with the standards of Federal Rule of Civil Procedure 11(b), that the Demand is not presented for an improper purpose such as to harass, delay or needlessly increase costs; that the claims, defenses and legal contentions are warranted by existing law or a nonfrivolous argument to extend or change law; and that the factual and damages contentions have evidentiary support or will likely have it after reasonable investigation or discovery. The agreement calls this "Counsel's Certification".
Supporting quotations
By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”)
Qualifications & exceptions
Applies where the party requesting arbitration is represented by counsel.
Charges & Financial Obligations · Procedure
Arbitration is in your county unless batched; you pay NAM fees as scheduled
Unless you and the Practice otherwise agree, or the Batch Arbitration process is triggered, the arbitration, including any in-person hearing, is held in the county where you live. If NAM is not available, the parties select another arbitral forum. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties. Your responsibility to pay NAM fees and costs is solely as set out in the applicable NAM fee schedules. In a batch, the hearing, if any, takes place where the arbitrator decides, and the fees of the Administrative Arbitrator who decides whether batching applies are paid by the Practice.
Supporting quotations
Unless you and Practice otherwise agree, or the Batch Arbitration process discussed in the subsection entitled “Batch Arbitration” below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside.
Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration.
If NAM is not available to arbitrate, the parties will select an alternative arbitral forum.
Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).
one hearing (if any) in a place to be determined by the arbitrator
The Administrative Arbitrator’s fees shall be paid by Practice.
Not stated here
The NAM fee schedules are not part of this text, so the amounts you could owe are not stated.
The text does not define the scope of the "limited and reasonable" exchange of information.
Legal Rights & Agreement Rules · Restriction or exception
Materials exchanged in arbitration must be kept confidential
You and the Practice agree that all materials and documents exchanged during the arbitration proceedings must be kept confidential and shared with no one except the parties' attorneys, accountants or business advisors, and then only if they agree to keep those materials and documents confidential.
Supporting quotations
You and Practice agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Not stated here
The text speaks of materials and documents exchanged; it does not say whether the existence of the arbitration or its outcome is covered.
Charges & Financial Obligations · Procedure
A rejected written offer can shift post-offer costs to the other party
At least fourteen days before the arbitration hearing date, any party may serve a written offer to allow judgment on specified terms. If the other party does not accept it and then fails to obtain a more favorable award, that party cannot recover post-offer costs it would otherwise be entitled to and must pay the offering party's costs from the time of the offer.
Supporting quotations
at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms
If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Legal Rights & Agreement Rules · Procedure
The arbitrator is a retired judge or Massachusetts attorney from NAM's roster
The arbitrator is a retired judge or an attorney licensed in the Commonwealth of Massachusetts, selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties cannot agree within thirty-five days of delivery of the Demand, NAM appoints the arbitrator under the NAM Rules. If Batch Arbitration is triggered, NAM appoints the arbitrator for each batch without asking any party for input or feedback, subject to your right to object to that appointment.
Supporting quotations
The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from NAM’s roster of consumer dispute arbitrators.
If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules
if the Batch Arbitration process under the subsection entitled “Batch Arbitration” below is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment
(ii) appoint one arbitrator for each batch
Not stated here
The text does not say how you may object to a batch arbitrator appointment or what happens after an objection.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator decides almost everything; the award is final and binding
The arbitrator has exclusive authority to resolve any Dispute, including disputes about the interpretation or application of the Arbitration Agreement and its enforceability, revocability, scope or validity. The exception is that all Disputes about the class and non-individualized relief waiver, including claims that it is unenforceable, illegal, void or voidable or has been breached, are decided by a court of competent jurisdiction and not by the arbitrator. The arbitrator may grant motions that dispose of all or part of a Dispute and must issue a written award with a statement of decision describing the essential findings and conclusions, including the calculation of any damages. The award is final and binding on you and the Practice, and judgment on it may be entered in any court with jurisdiction.
Supporting quotations
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement
except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief” above, including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator
The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Charges & Financial Obligations · Restriction or exception
Each side pays its own fees unless frivolous; improper claims can lead to reimbursing the Practice
Unless law or the NAM Rules authorize fee shifting, each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds the substance of the Dispute or the relief sought in the Demand was frivolous or brought for an improper purpose under the Federal Rule of Civil Procedure 11(b) standards. If the arbitrator determines, after a merits presentation and a reasonable chance to respond, that the party who started the arbitration did not bring its claims consistent with Counsel's Certification and the Rule 11(b) standards, the arbitrator must impose sanctions by ordering the initiating party to reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs it incurred under the Fee Schedules.
Supporting quotations
Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules
Qualifications & exceptions
The sanction in the second sentence is directed at the initiating party; the text does not give a matching sanction for the responding party.
Many similar Demands from the same law firm are batched, with one fee and one award per batch
If twenty-five or more individual Demands of a substantially similar nature are filed against the Practice by or with the help of the same law firm, group of law firms or organizations within a reasonably proximate period, for example ninety days, NAM administers them in batches of one hundred Demands per batch. If 25 to 99 Demands are filed, they form a single batch, and any remaining fewer than one hundred form a final batch. NAM appoints one arbitrator per batch and resolves each batch on a consolidated basis, with one set of filing and administrative fees per batch, one procedural calendar, one hearing, if any, in a place the arbitrator determines, and one final award that provides any relief each individual party is entitled to. NAM administers all batches concurrently to the extent possible.
Supporting quotations
in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Practice by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90)-day period
NAM shall (i) administer the arbitration demands in batches of one hundred (100) Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than one hundred (100) Demands remaining after the batching described above, a final batch consisting of the remaining Demands)
(iii) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled
NAM shall administer all batches concurrently, to the extent possible.
Not stated here
The text gives ninety days only as an example of a reasonably proximate period.
What counts as substantially similar, and who decides if batching applies
Demands are of a substantially similar nature if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. If the parties disagree about applying the batch process, the disagreeing party tells NAM, and NAM appoints a sole standing Procedural Arbitrator or, if circumstances require, an Emergency Arbitrator under the NAM Rules (the "Administrative Arbitrator") to decide whether the batch process applies. That arbitrator may set procedures needed to resolve the question promptly, and the Practice pays the Administrative Arbitrator's fees.
Supporting quotations
Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief
To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process
The Administrative Arbitrator’s fees shall be paid by Practice.
Legal Rights & Agreement Rules · Procedure
Parties agree to cooperate with NAM on batching and may use a special master and expedited calendar
You and the Practice agree to cooperate in good faith with NAM to put the batch process into effect, including paying single filing and administrative fees for batches of Demands, and to take steps to reduce time and cost. The listed steps include appointing a discovery special master to help the arbitrator resolve discovery disputes and adopting an expedited calendar.
Supporting quotations
You and Practice agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands
(i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings
Qualifications & exceptions
The steps are described with "may include".
Legal Rights & Agreement Rules · Restriction or exception
Batch arbitration is not class or representative arbitration
The Batch Arbitration provision is not to be interpreted as authorizing or creating a class, collective or representative arbitration or action of any kind, except as the provision itself expressly says, and the batch process does not prevent any party from taking part in an arbitration administered that way. The class waiver subsection separately says it does not prevent participation in a class-wide or mass settlement.
Supporting quotations
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision
nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process
This subsection does not prevent you or Practice from participating in a class-wide or mass settlement of claims.
Legal Rights & Agreement Rules · User right or choice
You can opt out of arbitration once, by email within 30 days
You may opt out of the Arbitration Agreement by written notice to legalnotices@whoop.com within thirty days after first becoming subject to it. The notice must include your name and address, the email address you gave the Practice, and an unequivocal statement that you want to opt out. It is effective only if you send it yourself on an individual basis; notices from third parties purporting to act for you have no effect. If you opt out, the other parts of the agreement continue to apply. Opting out has no effect on arbitration agreements you already have with the Practice, including earlier versions you did not timely opt out of, or on future arbitration agreements. Changes to the Arbitration Agreement do not give you a new chance to opt out of an earlier agreement to arbitrate.
Supporting quotations
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legalnotices@whoop.com, within thirty (30) days after first becoming subject to this Arbitration Agreement.
Your notice must include your name and address, the email address you provided to Practice, and an unequivocal statement that you want to opt out of this Arbitration Agreement.
Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third-party purporting to act on your behalf will have no effect on your or Practice’s rights.
If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us that you may agree to in the future.
changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate
Not stated here
The text does not say whether the Practice confirms receipt of an opt-out notice or how it records opt-outs.
Legal Rights & Agreement Rules · Restriction or exception
If a batch rule fails the whole arbitration agreement falls away; other invalid parts are cut out
Except for the class waiver subsection, which has its own severance rule, if any part of the Arbitration Agreement other than Batch Arbitration is found invalid or unenforceable, that part is severed and the rest stays in force. If the Batch Arbitration subsection is found invalid or unenforceable, the entire Arbitration Agreement is void and all Disputes are heard in the state or federal courts designated by the Governing Law; Venue subsection.
Supporting quotations
Except as provided in the subsection entitled “Waiver of Class and Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement (other than the subsection entitled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
if the subsection entitled “Batch Arbitration” above is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts designated by the subsection entitled “Governing Law; Venue” below
Not stated here
The heading mentions "Expiration" but this paragraph states no expiration rule.
Legal Rights & Agreement Rules · Restriction or exception
Disputes must be started within the applicable statute of limitation or are time barred
Any Dispute you have with the Practice covered by the Arbitration Agreement must be started within the applicable statute of limitation for the claim or controversy, or it is forever time barred. The agreement adds that all applicable statutes of limitation apply to arbitration in the same manner as they would in the court of competent jurisdiction.
Supporting quotations
You further agree that any Dispute that you have with Practice as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.
you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction
Not stated here
A separate General provision sets a one-year deadline for claims related to receipt of the Care; this paragraph does not say how the two deadlines interact.
Cross-references
contrast (model-proposed): Claims related to receiving Care must be filed within one year — contrast: The Arbitration Agreement says the applicable statute of limitation governs, while the General section sets a one-year deadline for claims related to receipt of the Care; the text does not say how the two interact.
Legal Rights & Agreement Rules · Permission or license
The Practice can change the Arbitration Agreement; continued Care is acceptance and reopens no opt-out
The Practice keeps the right to modify the Arbitration Agreement in future, and says changes will be shared by email and that you should check for updates regularly. Despite anything to the contrary in the agreement, the Practice says it will notify you of any future material change. Your continued receipt of Care after the posting of changes is your acceptance of them. If you previously agreed to an arbitration agreement and did not validly opt out, changes do not give you a new chance to opt out. The Practice continues to honor any valid opt-outs you made to a prior version.
Supporting quotations
Practice retains the right to modify this Arbitration Agreement in the future. Any such changes will be shared via email and you should check for updates regularly.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Practice makes any future material change to this Arbitration Agreement, we will notify you.
Your continued receipt of Care following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.
If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate.
Practice will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of this Agreement.
Practice may modify this Agreement at any time and such modification will be effective upon providing or making such updates accessible to you.
Qualifications & exceptions
The general modification section lets you reject an updated agreement within 30 days; this paragraph states a separate rule for the Arbitration Agreement.
Not stated here
The text does not say whether the 30-day rejection right for an updated agreement applies to changes to the Arbitration Agreement; this paragraph applies "notwithstanding any provision in this Agreement to the contrary".
Cross-references
contrast (model-proposed): You can reject an updated agreement by email within 30 days and stay on the prior version — contrast: The general modification section lets you reject an updated agreement within 30 days and stay on the prior version, while the arbitration modification paragraph treats continued receipt of Care as acceptance, says changes reopen no opt-out, and applies notwithstanding contrary provisions.
Legal Rights & Agreement Rules · Restriction or exception
Massachusetts law governs; non-arbitrated Disputes go to Boston courts
The agreement is governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions. To the extent a Dispute is not covered by an arbitration agreement between you and the Practice, it proceeds before the state or federal courts located in the City of Boston, except small claims court actions, which may be brought in the county where you live. The text says the Practice expressly agrees to submit to the exclusive personal jurisdiction of those courts. Claims severed from arbitration under the class waiver, and all Disputes if the Batch Arbitration subsection is invalid, are sent to the courts this subsection designates.
Supporting quotations
GENERAL
This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA, without respect to its conflict of law provisions.
To the extent that a Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the City of Boston in the Commonwealth of Massachusetts (except for small claims court actions which may be brought in the county where you reside).
We expressly agree to submit to the exclusive personal jurisdiction of those courts.
may be litigated in the courts designated by the subsection entitled “Governing Law; Venue” below
all Disputes will be heard in the state or federal courts designated by the subsection entitled “Governing Law; Venue” below
Not stated here
The sentence on submission to exclusive personal jurisdiction speaks only of the Practice ("We"); the text does not state a matching submission by you.
Legal Rights & Agreement Rules · Restriction or exception
Claims related to receiving Care must be filed within one year
To the extent permitted by applicable law, any claim or cause of action arising out of or related to your receipt of the Care must be filed within one year after it arose, or it is barred forever.
Supporting quotations
To the extent permitted by applicable law, any claim or cause of action arising out of or related to your receipt of the Care must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Not stated here
The text does not say whether this one-year deadline applies to claims by both sides or only to claims by you, or how it interacts with the Arbitration Agreement's rule that the applicable statute of limitation applies.
Legal Rights & Agreement Rules · Restriction or exception
You cannot transfer the agreement without approval; the Practice may assign it freely
You may not transfer or assign the agreement or any rights or licenses under it without the Practice's prior written approval, but the Practice may freely assign it. The agreement benefits the Practice's successors and permitted assigns.
Supporting quotations
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you without our prior written approval, but may be freely assigned by us.
This Agreement will inure to the benefit of our successors and permitted assigns.
Legal Rights & Agreement Rules · Restriction or exception
An invalid provision does not void the rest, subject to arbitration-specific rules
Subject to the class waiver and arbitration invalidity subsections, if a court with competent jurisdiction finds any provision invalid, the remaining provisions stay in full force and effect. Under the arbitration invalidity rule, if the Batch Arbitration subsection is found invalid the entire Arbitration Agreement is void.
Supporting quotations
Subject to the subsections entitled “Waiver of Class and Other Non-Individualized Relief” and “Invalidity, Expiration” above, if any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
if the subsection entitled “Batch Arbitration” above is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void
Legal Rights & Agreement Rules · Restriction or exception
The Practice's failure to enforce a term is not a waiver; waivers against it must be written
Failure by the Practice to act on or enforce any provision does not waive that or any other provision. No waiver is effective against the Practice unless made in writing, and no waiver applies to any other or later instance. These statements are written about the Practice ("us"); the text gives no matching statement for you.
Supporting quotations
Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.
No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Legal Rights & Agreement Rules · Context
This agreement and other terms presented to you are the entire agreement
Except as expressly agreed by the Practice and you, this agreement and any other terms presented to you in connection with your receipt of the Care are the entire agreement between you and the Practice on the subject matter, and replace all earlier or contemporaneous written or oral agreements on it.
Supporting quotations
Except as expressly agreed by us and you, this Agreement and any other terms presented to you in connection with your receipt of the Care constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between you and us with respect to the subject matter.
Not stated here
The text does not list the "other terms presented to you"; the Supplemental Terms and the Consent to Care are named elsewhere but are not supplied here.
Sections that by their nature should survive termination do survive, including the sections named Indemnity, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution and General.
Supporting quotations
All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled “Indemnity,” “Disclaimer of Warranty,” “Limitation of Liability,” “Dispute Resolution,” and “General.”
Legal Rights & Agreement Rules · Context
The agreement is written, and available only, in English
It is the express wish of the parties that the agreement and all related documents be written in English. The agreement and any contract between you and the Practice are available only in English.
Supporting quotations
It is the express wish of the parties that this Agreement and all related documents be written in English. This Agreement, and any contract between you and us, are only available in the English language.
Account & Service Control · Permission or license
You consent to electronic communications that count as written
Communications between you and the Practice may take place electronically, including emails, notices the Practice posts, or communications by email. For contractual purposes you consent to receive communications from the Practice in electronic form and agree that all terms, agreements, notices, disclosures and other communications the Practice provides electronically satisfy any legal requirement that written communications would satisfy. This does not affect your statutory rights, including under the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. section 7001 et seq.
Supporting quotations
you (i) consent to receive communications from Practice in an electronic form
agree that all terms and conditions, agreements, notices, disclosures, and other communications that Practice electronically provides to you satisfy any legal requirement that such communications would satisfy if they were written
The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
Account & Service Control · Restriction or exception
You must keep a valid email address; the Practice's email notice counts even if undeliverable
Where the Practice requires an email address you are responsible for giving it a valid, current one. If your address is invalid or cannot deliver notices required by the agreement, the Practice's dispatch of the email nonetheless counts as effective notice. You may give notice of changes to your email address at support@whoop.com. The agreement says such notice is deemed given when received by the Practice by letter delivered by nationally recognized overnight delivery service or first class prepaid mail at "the above address".
Supporting quotations
Where Practice requires that you provide an email address, you are responsible for providing Practice with a valid and current email address.
In the event that the email address you provide to Practice is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Practice’s dispatch of the email containing such notice will nonetheless constitute effective notice.
You may give notice of any changes to your email address to Practice at support@whoop.com.
Such notice shall be deemed given when received by Practice by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Not stated here
The paragraph refers to "the above address" without giving one here; the Boston office address appears in the Dispute Resolution section.
It is unclear whether an email to support@whoop.com is itself effective notice of an address change, since the deeming sentence mentions only letters.
Legal Rights & Agreement Rules · Restriction or exception
The Practice is not liable for delay or failure from causes outside its reasonable control
The Practice is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Supporting quotations
Practice shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.