SUNDAY SESSIONS
TERMS AND CONDITIONS

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement between you and Sunday Sessions (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://www.sunday-sessions.com website and mobile application (collectively, the “Platform”).

Consent by Participation: By accessing the Platform, creating an account, registering for a session, or participating in any session, you automatically consent to and agree to be bound by these Terms and Conditions. Your participation constitutes your legal acceptance of all terms, including the liability waiver and release. No separate signature or written waiver is required.

We reserve the right to modify these Terms at any time. Continued use after changes constitutes acceptance. The Platform is intended for users 18 years or older. Persons under 18 are not permitted to use or register for the Platform.

2. PLATFORM DESCRIPTION

Sunday Sessions is a community platform connecting individuals for fitness activities and social connection. Users can host sessions (“Hosts”) or participate in sessions (“Participants”).

3. USER REGISTRATION

You agree to provide true, accurate, and complete registration information, maintain and update your information promptly, keep your password confidential, be responsible for all activity under your account, and not be a minor in your jurisdiction.

We may remove, reclaim, or change any username deemed inappropriate. Providing false information may result in account suspension or termination.

4. PROHIBITED ACTIVITIES

You may not: use the Platform for illegal purposes; harass, threaten, or harm other users; impersonate another person; upload viruses or malware; scrape or data mine; circumvent security features; use the Platform to compete with Sunday Sessions; collect user information without consent; post obscene or offensive content; or sell or transfer your account.

5. USER CONTENT LICENSE

By posting content (photos, reviews, comments) on the Platform, you grant Sunday Sessions a worldwide, perpetual, royalty-free, transferable license to use, reproduce, distribute, display, and create derivative works from your content for promotional, marketing, and operational purposes. You retain ownership and warrant you have all necessary rights.

6. INTELLECTUAL PROPERTY

The Platform, including all content, software, designs, logos, and trademarks, is owned by Sunday Sessions and protected by copyright and trademark laws. You may not copy, reproduce, distribute, or create derivative works without express written permission. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only.

7. TEXT MESSAGING CONSENT

By providing your mobile phone number, you give Sunday Sessions prior express written consent to deliver marketing and transactional text messages (including via automatic telephone dialing system) to that number. Consent is not a condition of participation. You may revoke consent at any time by replying STOP. Message and data rates may apply.

8. FEES AND PAYMENT

Some sessions may require payment. We accept Visa, Mastercard, American Express, and Discover. You agree to provide accurate payment information, update payment details as needed, and pay all charges at current prices.

Merchant of Record: Hosts who collect payments are the merchant of record for their sessions and are solely responsible for fulfillment, customer support, refunds, disputes, chargebacks, and compliance with payment processing requirements.

9. CANCELLATION AND REFUNDS

Cancellation and refund policies are set by individual Hosts. Sunday Sessions does not guarantee refunds. Disputes regarding cancellations or refunds should be resolved directly with the Host. You may cancel your Platform account at any time by contacting support@sunday-sessions.com.

10. DISPUTE AND FRAUD LIABILITY

Hosts are solely responsible for all chargebacks, disputes, refunds, fraud-related losses, and payment processor fees arising from their sessions. Sunday Sessions may suspend or terminate accounts for excessive disputes, fraud, or elevated risk. We may withhold funds as necessary to cover outstanding liabilities. You authorize Sunday Sessions to recover amounts owed by debiting your connected payment account or using other lawful means.

11. PRIVACY POLICY

Our Privacy Policy governs data collection and use. By using the Platform, you consent to our privacy practices. The Platform is hosted in the United States; international users consent to data transfer to the U.S.

12. THIRD-PARTY LINKS

The Platform may contain links to third-party websites. We are not responsible for third-party content, accuracy, or practices. Access third-party sites at your own risk.

13. DISCLAIMERS

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties regarding Platform availability, reliability, or security; accuracy or completeness of content; Host qualifications or session safety; or prevention of unauthorized access or data breaches.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL SUNDAY SESSIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.

15. PLATFORM INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sunday Sessions and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising from your use of the Platform, your content or contributions, your violation of these Terms, or your violation of third-party rights.

PART II: PARTICIPATION WAIVER AND RELEASE

By participating in any Sunday Sessions activity, you automatically consent to this waiver and release. Your participation constitutes your acknowledgment and acceptance of these terms.

16. ASSUMPTION OF RISK

I am voluntarily participating in physical fitness activities including but not limited to running, weightlifting, outdoor exercise, trail running, and other movement-based activities. I understand these Activities carry inherent risks including:

• Physical injury from exercise including sprains, strains, fractures, muscle tears, cardiac events, heat exhaustion, dehydration, or other injuries
• Slips, falls, collisions with participants, objects, or terrain
• Weather-related risks including extreme heat, cold, rain, or lightning
• Contact with plants, animals, insects, or environmental hazards
• Travel to and from session locations
• Equipment failure or malfunction

I accept and assume full responsibility for all risks, known and unknown, and acknowledge that injuries or property damage may occur.

17. MEDICAL ACKNOWLEDGMENT

I certify that: I am physically capable of participating in strenuous exercise without causing harm to myself or others; I have consulted with a healthcare provider if I have any medical conditions that could be affected by physical activity; I am covered by medical insurance; I will immediately stop participating and notify the host if I experience any physical distress; I will not participate while under the influence of alcohol or drugs.

18. RELEASE AND WAIVER

I, for myself and my Heirs, release and discharge Sunday Sessions, its hosts, agents, employees, and contractors from any and all claims, actions, damages, or expenses of any kind arising from my participation in the Activities, including bodily injury, illness, disease, or death; loss or damage to personal property; and claims based on negligence or fault of Sunday Sessions or its hosts.

I understand that by agreeing to these Terms, I waive my right to sue or make claims against Sunday Sessions.

19. VOLUNTARY PARTICIPATION

I confirm that my participation is completely voluntary and I may withdraw from any Activity at any time.

20. CONFIDENTIALITY

I agree to respect the privacy of other participants and will not share personal information learned during sessions without consent. I will not record, photograph, or video other participants without their express permission, and will not publicly disseminate any such content without written consent.

21. PHOTO AND MEDIA RELEASE

I consent to Sunday Sessions using photos or videos that include my image for promotional, marketing, and educational purposes without additional compensation or approval.

PART III: HOST AGREEMENT

(Applicable only to users who host sessions. By creating or hosting a session, you automatically consent to and agree to be bound by these additional Host terms.)

22. HOST AUTHORIZATION AND RESPONSIBILITIES

As a Sunday Sessions Host, you are authorized to create and conduct fitness and social connection sessions. You acknowledge that you are solely responsible for the safety, conduct, and quality of your sessions; you are an independent contractor, not an employee of Sunday Sessions; Sunday Sessions provides a platform only and does not supervise your sessions; and you set your own session structure, format, and schedule.

23. SAFETY AND COMPLIANCE REQUIREMENTS

You represent, warrant, and agree that you will: conduct all sessions safely; verify all Participants have consented to these Terms (including the Participation Waiver) through the Platform; screen Participants for appropriate fitness level; provide clear instructions and modifications; maintain a safe environment; have a plan for medical emergencies; respond immediately to safety concerns; comply with all applicable laws; respect Participant privacy; and not discriminate based on protected characteristics.

24. INSURANCE REQUIREMENTS

You are required to maintain adequate liability insurance coverage for your sessions, including:

• General liability insurance with minimum coverage of $1,000,000 per occurrence
• Coverage for bodily injury and property damage
• Sunday Sessions named as additional insured (if required)

You agree to provide proof of insurance upon request. Failure to maintain adequate insurance may result in suspension or termination.

25. PARTICIPANT VERIFICATION AND DOCUMENTATION

You agree to verify all Participants have agreed to these Terms and Conditions (including the Participation Waiver) through the Platform before their first session; maintain attendance records; document and report any injuries or incidents to Sunday Sessions within 24 hours; and retain records for a minimum of three (3) years.

26. HOST COMMUNICATIONS COMPLIANCE

You will send SMS communications to Participants only through the Sunday Sessions Platform; honor all opt-out requests (STOP) immediately; not send unsolicited marketing or spam; and acknowledge that TCPA violations may result in significant penalties. You agree to indemnify Sunday Sessions for any TCPA or similar claims arising from your communications.

27. HOST PAYMENT PROCESSING

If you collect payments through the Platform: you are the merchant of record for all transactions; you are solely responsible for fulfillment, customer support, pricing, refunds, and disputes; you are responsible for all chargebacks, fraud-related losses, dispute fees, and payment processor fees; you authorize Sunday Sessions to recover amounts owed by debiting your connected payment account; Sunday Sessions may withhold funds to cover potential liabilities; and Sunday Sessions may suspend or terminate your account for excessive disputes, fraud, or risk concerns.

28. HOST INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sunday Sessions from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising from:

• Your hosting of sessions, including Participant injuries or property damage
• Your breach of these Terms or violation of any law
• Your communications with Participants, including TCPA violations
• Payment disputes, chargebacks, or fraud related to your sessions
• Your negligence, willful misconduct, or violations of safety standards

29. GOVERNING LAW

These Terms and Conditions are governed by the laws of the State of Delaware, without regard to conflict of law principles.

30. DISPUTE RESOLUTION

Informal Negotiations: Parties agree to attempt informal negotiation for at least 30 days before initiating arbitration.

Binding Arbitration: If informal negotiations fail, disputes will be resolved through binding arbitration under American Arbitration Association (AAA) Commercial Arbitration Rules in Delaware.

YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Class Action Waiver: Arbitration shall be on an individual basis only. No class actions, class arbitrations, or representative actions are permitted.

Exceptions: Disputes regarding intellectual property rights, theft, or requests for injunctive relief are not subject to arbitration and may be litigated in Delaware courts.

31. TERMINATION

We may suspend or terminate your account at any time for violations of these Terms, safety concerns, or any other reason, with or without notice. Upon termination, you may not create a new account. Sections regarding payment obligations, indemnification, disclaimers, and limitations of liability survive termination.

32. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from us via email or the Platform. You agree that electronic communications satisfy legal requirements for written notice. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS. You waive any rights requiring original signatures or non-electronic delivery.

33. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

34. ENTIRE AGREEMENT

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Sunday Sessions.

35. CONTACT INFORMATION

For questions regarding these Terms:
Sunday Sessions
Email: support@sunday-sessions.com
Austin, TX