• COLORADO

    MEMBERSHIP AGREEMENT

    Please Note: This Membership Agreement includes an automatic renewal clause for recurring dues members and an arbitration provision with a class action waiver applicable to all members. Please read the contract carefully before signing – it creates a legally binding agreement between you and The NOW.
    By signing below, you are agreeing to (1) purchase the membership program at the price described herein; and (2) be bound by the terms and conditions described in the Membership Agreement, including The NOW’s Terms and Conditions, the Description of Services (Exhibit A), and any other Addenda or Amendments agreed to by you in writing. All of these documents, collectively, shall form the “Agreement” between you and The NOW, as defined herein.
    PARTY INFORMATION
  • Complete only if the Buyer is different from the Member:
  • The NOW Entity. The NOW Massage Boutique Cherry Creek (“The NOW,” “we,” “us,” or “our”), and its successors and assigns.
     
    The NOW Massage Boutique Cherry Creek is an independently owned and operated franchisee of The NOW ® franchise system. The Now Franchise, LLC, as franchisor, does not own or operate the boutique and is not a party to this Agreement.
     
    The NOW Business Contact. 291 N. St. Paul St., Denver, CO 80206, 720.222.3366, [email protected]
     
    Your Boutique of Enrollment. You may redeem services under this Agreement at The NOW boutique located at 291 N. St. Paul St., Denver CO 80206 (“The NOW Boutique”).
    TERM, PROGRAMS & PRICING
    Term.  The initial term of your Agreement is 6 month(s) (“Initial Term”). Your Initial Term is scheduled to begin on (“Commencement Date”) and will end on . If you are prepaying for services, your Agreement will end automatically upon the expiration of the Initial Term. If you are paying for services on a recurring dues basis (whether month-to-month or over a fixed term), your Agreement is subject to the automatic renewal terms described herein (see, “Membership Types”).
     
    Programs & Pricing.  You are agreeing to purchase the program listed below. All programs, including service details and pricing, are subject to change as The NOW’s may determine, in its sole discretion. The “Description of Services” document, attached and incorporated herein as Exhibit A, provides a description of program services, participating locations, hours of operation and applicable pricing.
  • MEMBERSHIP TYPES
  • As a prepaid member, you are choosing to pay for all of your massage service treatments (“treatments”) up front and in full. With limited exception, as described below, you may not cancel a prepaid membership during the Initial Term. A prepaid membership expires automatically when you have redeemed all of your prepaid treatments, or upon the expiration of your Initial Term, whichever occurs first. If you wish to continue to receive services after the Initial Term, please speak with a The NOW sales specialist before your Initial Term expires. Unredeemed treatments not used during the Initial Term will be forfeited and lost, and no refunds shall be issued. Prepaid treatments cannot be assigned or transferred to someone else without The NOW’s written permission. Only the member identified on page 1 of the Agreement shall be eligible to redeem prepaid treatments.
     
    As a prepaid member, you are choosing to pay in full for 6 treatments. Each treatment has a value of $. The total cost of your prepaid membership, including sales tax of [0]%, is $. This is the amount due today.
  • As a recurring dues member, you are agreeing to pay for your membership in scheduled installments over the term of your Agreement. In exchange for each installment payment, you will receive a predetermined block of treatments to use each month.
     
    As a recurring dues member, in exchange for your scheduled monthly payment of $, you will receive a monthly block of 1 or 2 treatments, dependant on membership type, to use. All treatments not utilized during a Monthly Period may be carried over to a subsequent Monthly period for a time period of up to 6 months, but may not be carried over beyond the cancellation of the Membership and no refund(s) will be issued.
     
    Billing Date. You agree that your first installment of $ will be due on . Each subsequent installment will be due on the same day each month thereafter and will continue for the duration of the Agreement’s term. You may terminate the Agreement by following the cancellation procedures below.
     
    CONSENT TO AUTOMATIC RENEWAL. IF YOU FAIL TO PROPERLY CANCEL YOUR RECURRING DUES MEMBERSHIP BEFORE THE EXPIRATION OF THE INITIAL TERM, THEN YOUR AGREEMENT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL 6 MONTH(S) SUBJECT TO THE SAME TERMS, CONDITIONS AND PRICING AS DESCRIBED IN THE AGREEMENT (EACH, A “RENEWAL TERM”). TO PREVENT YOUR MEMBERSHIP FROM AUTOMATICALLY ROLLING OVER INTO A RENEWAL TERM, YOU MUST PROVIDE THE NOW WITH A WRITTEN NOTICE OF CANCELLATION AT LEAST 30 DAYS PRIOR TO THE END OF THE INITIAL TERM OR ANY RENEWAL TERM, AS APPLICABLE. BY INITIALING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AUTOMATIC RENEWAL PROVISION, INCLUDING YOUR CONTINUED PAYMENT OF $ PER MONTH IN EXCHANGE FOR A MONTHLY BLOCK OF TREATMENTS.
     
  • Early Termination Fee. With limited exception, as described below, if you choose to cancel your recurring dues membership during the Initial Term you will be charged an early termination fee of $0. If the Initial Term of your recurring dues membership is for one month or less, or if the Initial Term of your recurring dues membership has ended and you have not provided written notice of cancellation at least 30 days prior to the end of the Initial Term (which means you are already in a Renewal Term), then we will consider your membership to be in month-to-month status and you will not be charged the early termination fee if you provide us with a 30 day written notice of cancellation. Allocated but unused treatments not redeemed before the expiration of any then-current billing cycle will be forfeited and lost, and no refunds will be issued.
  • PAYMENT AUTHORIZATION
    You authorize The NOW (which, for purposes of this Payment Authorization, includes our service providers and/or assignees) to seek payment of all fees, charges or other amounts due under the Agreement on or after each payment due date by charging the credit card on file. You understand that a charge may not immediately post to the card. If you have provided multiple payment cards to us, and in the event a payment that we attempt to collect fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided to us.
     
    You are responsible to ensure that the credit card number on file with The NOW is valid so that all fees, charges or other amounts due under the Agreement can be charged to that card. If any payment card that you have previously provided The NOW changes or expires, you agree to promptly notify The NOW of such change so that there is always at least one valid card on file. If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, The NOW may exercise any and all rights available to it, whether under this Agreement or under applicable law, which may include, but are not limited to, suspension of your membership until such payment is made, assessing a late payment fee, and/or terminating this Agreement and your membership.
     
    In the event The NOW makes an error in processing a charge, you authorize The NOW to initiate a credit or debit to the card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing The NOW with information about a payment method, you authorize The NOW to correct the error after verifying the information with you.
     
    You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees.
     
    You may revoke this payment authorization in person at The NOW Boutique, by calling 720.222.3366, by sending an e-mail to [email protected], or by writing to The NOW Massage Boutique Cherry Creek at 291 N. St. Paul St., Denver, CO 80206 with enough notice to give The NOW a reasonable opportunity (typically three (3) business days) to act on your request. If you revoke this authorization, you will still be responsible for paying any amounts you owe under the Agreement and your membership will terminate as of the date of revocation.
  • DEFAULT & LATE PAYMENT
    Should you default on any payment obligation as called for in this Agreement, The NOW will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorneys’ fees. A default occurs when any payment due under this Agreement is past due for more than 90 days. A RETURN ITEM FEE OF $25.00 WILL BE CHARGED IMMEDIATELY FOR ANY DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. A LATE FEE OF $25.00 WILL BE CHARGED IF ANY SCHEDULED PAYMENT DUE UNDER THE AGREEMENT REMAINS UNPAID MORE THAN FIVE (5) DAYS AFTER WHICH THE PAYMENT IS DUE. The NOW reserves the right to suspend services if a scheduled invoice is not paid, and you consent that such a suspension of services is reasonable. This provision is subject to, and shall be superseded by, any applicable local, state or federal laws.
  • CANCELLATION TERMS
    Subject to any applicable local or state laws which may conflict with these rescission and cancellation provisions (in which case the applicable local or state law provisions will supersede these terms), you will be bound to the following terms and conditions related to rescission and/or cancellation of your Agreement.
     
    Rescission Rights. You may rescind this Agreement within three business days after your receipt of a copy of the Agreement. To properly rescind the sale, you must send your written rescission notice by telegram, mail, or hand delivery to The NOW Massage Boutique Cherry Creek at 291 N. St. Paul St., Denver, CO 80206. Notice of rescission is considered given, if by mail when postmarked, if by telegram when filed for telegraphic transmission, or if by hand delivery when delivered to the seller’s place of business.
     
     
    Cancellation Rights. Once the rescission period expires, you will still be subject to the following cancellation terms. You may cancel the Agreement without penalty during the Initial Term of the Agreement if:
    1. You die. Your estate may cancel this Agreement without penalty, and receive a prorated refund for unused services, if you die.
    2. You become totally physically disabled. You may cancel this Agreement without penalty, and receive a prorated refund for unused services, if you become totally physically disabled for the duration of this Agreement. Your total physical disability must be verified by a licensed physician or advanced practice nurse.
    3. The NOW moves from its original location. You may cancel this Agreement without penalty, and receive a prorated refund for unused services, if The NOW Massage Boutique Cherry Creek moves more than five (5) miles from its original location at 291 N. St. Paul St., Denver, CO 80206.
    4. The NOW ceases services. You may cancel this Agreement without penalty, and receive a prorated refund for unused services, if The NOW Boutique transfers your membership to another The NOW location which is more than five (5) miles from the original location where you entered into this Agreement, and this transfer occurs due to a cessation of The NOW Boutique services at the original location where you entered into this Agreement.
    5. The NOW Boutique is sold or discontinues operations. You may cancel this Agreement without penalty, and receive a prorated refund for unused services, if The NOW Boutique permanently discontinues its operation, or a sale of the business results in a substantial alternation of the quality of services or facilities, or the nature of benefits, so that they no longer conform to the provisions of this Agreement; provided, however, that The NOW Boutique shall have a 30-day “right to cure” during which your paid fees shall be suspended to allow The NOW Boutique to bring the services, facilities and benefits into conformance with this Agreement.
     
    Refunds. If you are a prepaid member, then to the extent you properly rescind or cancel this Agreement, you will be issued a refund for any prepaid sums less the value of any services received within the time period as prescribed by state law. If you are a recurring dues member, then to the extent you properly rescind or cancel this Agreement, we will “turn off” the EFT/ACH draft associated with your account and you will not be charged a penalty for early termination of the Agreement. Any refund due, if any, will be paid to you within the time period as prescribed by state law.
     
    Notice. All rescission or cancellation notices under the Agreement may be delivered in person to The NOW Boutique or sent via registered or certified mail to The NOW Massage Boutique Cherry Creek at 291 N. St. Paul St., Denver, CO 80206. We have made a “Program Cancellation Form” available at https://thenowmassage.com/cherry-creek/, or you can receive a copy by calling us at 720.222.3366.
  • INFORMED CONSENT
    Massage and bodywork treatments use tactile soft tissue manipulation, joint mobilization, and/or self-care programs (as determined by our massage therapists) to assess and treat the soft tissue, muscles and joints of the body. By signing the Agreement below, you are providing your express written consent to receiving such treatments and you further acknowledge and agree with the following:
     
    • If at any time during your treatment you feel uncomfortable or believe your therapist’s words or actions to be inappropriate, you understand that it is your right to request an immediate stop to the objectionable activity, to end the treatment, or to request a modification of the treatment regardless of any previous consent that you may have provided.
    • You understand that your therapist will instruct you to disrobe to your level of comfort and that it is your choice and your responsibility to act accordingly.
    • You will communicate with your therapist about any discomfort that you experience during your treatment.
    • You understand and acknowledge The NOW’s policies related to how to schedule a treatment, how to cancel or re-schedule a treatment, the importance of being on time for scheduled treatments, and The NOW’s late cancel or no show fees.
    • You understand that The NOW’s employees and therapists will treat you respectfully, and the same is expected from you. The NOW’s employees and therapists will not tolerate behavior or comments that are threatening, offensive, sexually suggestive, or otherwise inappropriate. Our therapists reserve the right not to treat any client, provided that their refusal to treat is lawful and non-discriminatory.
  • GENERAL RELEASE & LIABILITY WAIVER
    By signing the Agreement, you expressly agree to the following General Release and Liability Waiver. All references to “I” or “my” below shall refer to you, the member.
     
    I hereby give my consent to receive massage services and/or other bodywork or treatment (the “Services”) from The NOW, and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility. I acknowledge that my receipt of the Services from The Now may result in bodily injury or other harm to me. My decision to receive Services from The NOW is voluntary, and I know of, understand, and assume any and all the risks associated there with.
     
    In exchange for receiving the Services, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and agree to indemnify and hold harmless The Now, and each of its members, officers, owners, parents, subsidiaries, affiliates, independent contractors, employees, consultants, attorneys, personnel, and agents (collectively, the “Indemnified Parties”) from and against any and all demands, claims, injuries (including, without limitation, personal injury, illness, disease, or death), legal or administrative proceedings, losses, liabilities, damages, penalties, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, whether or not caused by any negligence on the part of any Indemnified Parties (collectively, “Claims”), that may arise on account of or in any way in connection with my receipt of the Services or otherwise on the premises of The NOW. I acknowledge and understand that this waiver of liability includes any negligence of The NOW, and any other Indemnified Parties, excluding only intentional wrongdoing, willful misconduct, or any act or omission finally determined by a court of competent jurisdiction to be grossly negligent. I acknowledge and understand that this waiver is intended to be a complete release of any responsibility for personal injuries sustained by me or any guest while on The NOW’s premises, whether using services, products, or equipment, or receiving the Services or not. Further, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby agree to indemnify and hold The NOW, and each of the Indemnified Parties harmless from and against any and all Claims that may arise on account of or in any way in connection with any injuries (including, without limitation, personal injury, illness, disease, or death) to other persons, or any damage to property, in any way caused by or attributable to me, whether negligent, intentional, or otherwise.
     
    I acknowledge and understand that this waiver of liability covers and includes any transmission of, or exposure to, any contagious disease during the Services or otherwise while on The NOW’s premises, even as a result of negligence on the part of the Indemnified Parties. I understand that the Services are provided for the basic purpose of relaxation, stress reduction, and relief of muscular tension. I further understand that massage/bodywork should not be considered a substitute for medical examination, diagnosis, or treatment, and that I should see a physician, chiropractor, or other qualified medical specialist for any medical condition or physical ailments. Because massage/bodywork should not be done under certain medical conditions, I affirm that I have stated all my known medical conditions above in writing to The NOW and any massage therapist, and answered all questions asked of me in writing or orally honestly and completely. I agree to keep The NOW and any massage therapist updated as to any changes in my medical profile, and I understand and agree that there will be no liability on the part of The NOW or any Indemnified Party providing the Services should I fail to do so.
     
  • AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
    Agreement to Artibrate. As used in this Agreement to Arbitrate section, “The NOW” shall include HWF Corp, The Now Franchise, LLC, and any of their affiliates, employees, owners, agents, representatives, assigns or service providers.
     
    You and The NOW agree that any dispute, claim or controversy (“Claim” or “Claims”) relating in any way to this Agreement, or the products or services provided by The NOW, will be resolved through BINDING ARBITRATION rather than in court, with the following exceptions:
     
    • Either you or we may assert Claims in small claims court if jurisdiction is appropriate in such courts
    • Either you or we may assert Claims seeking equitable or injunctive relief in the state or federal courts found in the county where your The NOW Studio is located; provided, however, that any individual Claims will still be subject to arbitration
    • In the event the Agreement as a whole is found by a judge in a court of law not to be subject to arbitration, then you and The NOW agree and consent to the exclusive jurisdiction of the state or federal courts found in the county where you’re The NOW Studio is located and waive any objection based on venue or forum non conveniens with respect to jurisdiction therein.
     
    The Agreement to Arbitrate as described herein shall be governed by the Federal Arbitration Act (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Agreement to Arbitrate and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
     
    The parties intend for this Agreement to Arbitrate to be interpreted broadly and to survive termination of the Agreement for any reason. A judge in a competent court of law, and not the arbitrator, shall be permitted to interpret and determine the validity of the arbitration provision, including unconscionability.
     
    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to The NOW located at 291 N. St. Paul St., Denver, CO 80126. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAM’s rules. You may choose to have the arbitration conducted by telephone, based on written submission, or in person in the county where The NOW Boutique is located, or at antoher agreement mutually agreed to by The NOW. Judgment on an arbitrator’s award may be entered in any court having jurisdiction.
     
    You and The NOW agree that this Agreement to Arbitrate has been included to rapidly and inexpensively resolve any Claims between the parties and that this section will be grounds for dismissal of any court action commenced with respect to this Agreement, except as specifically described above. You and The NOW each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. This Agreement to Arbitrate will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). With the exception of the Class Action Waiver (described next), if any other provision of this Agreement to Arbitrate is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Agreement to Arbitrate.
     
    Class Action Waiver. You and The NOW each agree that the arbitrator shall not consolidate more than one person’s claim, and shall not otherwise preside over any form of a representative or class action proceeding, and that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AND THE NOW AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. If this Class Action Waiver provision is found to be unenforceable, then the entirety of this Agreement to Arbitrate section shall be deemed null and void and neither of us will be entitled to arbitrate our dispute.
     
    Your Opt-Out Rights. You have a right to reject this Agreement to Arbitrate, but you must exercise this right promptly as set forth herein. If you DO NOT wish to be bound by the Agreement to Arbitrate, then you must notify us in writing within thirty (30) days after the date you sign the Agreement. You must send your request by sending an email to [email protected] or by sending us a written statement of your intention not to be bound to The NOW Massage Boutique Cherry Creek at 291 N. St. Paul St., Denver, CO 80206. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Agreement.” If you exercise the right to reject arbitration, the other terms of this Agreement will remain in full force and effect as if you had not rejected arbitration.
  • CONSENT TO CONTACT
    Informational. You authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement and related benefits, including information about payments, closures, and material changes to the Agreement. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You agree that, unless you withdraw your consent as explained below, the authorizations you provide in this section will survive the termination of this Agreement.
     
    You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling 720.222.3366 or writing to The NOW Massage Boutique Cherry Creek at 291 N. St. Paul St., Denver, CO 80206 or such other address designated by The NOW. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you.
     
    Promotional. If you would like to receive information from us about promotions or other services that may be of interest to you, you must initial at the end of this section. By doing so, you are giving The Now Massage Boutique Franklin and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone call at the number provided in the Agreement for promotional purposes. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. By initialing below, you expressly consent to receive autodialed and/or prerecorded messages from or on behalf of The NOW and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.
  • GENERAL
    1. Loss of Property. You and guests are encouraged not to bring valuables onto The NOW’s premises. The NOW shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
    2. Guests. Guests are permitted on The NOW’s premises when accompanied by a member. All guests will be subject to the same rules and schedules as other members, as such rules and schedules may be revised from time to time. All guests must register at the front desk with valid identification and sign a General Release and Liability Release form.
    3. Gift Cards. Your membership is not a gift certificate or a gift card. If you wish to purchase a gift certificate or gift card, please contact us. Please note that treatments still expire at the end of each month in which they are allocated (for recurring dues members), or upon the expiration of the Initial Term (for prepaid members), even if such treatments are purchased with a gift certificate or gift card.
    4. Other Rules. You agree that you and any guests will conduct yourselves appropriately at all times and comply with all applicable laws, including but not limited to laws governing alcohol and drug use and intoxication, rules and regulations established by The NOW in its sole discretion (as made available on The NOW’s website, www.thenowmassage.com, or on the premises), and directions of governmental authorities and The NOW personnel (collectively, the “Rules”). If in The NOW’s reasonable judgement you and/or your guest(s) violate the Rules, or if you act in a manner contrary to the best interests or safety of The NOW or its members, The NOW has the absolute right to refuse your entry into your The NOW Studio, or any other the NOW location, or to discontinue service or suspend your membership temporarily or permanently.
    5. Force Majeure. The Now shall be excused from the performance of any of our obligations under this Agreement so long as we are prevented by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, labor disruption, unavailability of materials or transportation facilities, the orders or directives of any court or government agency, or any other circumstance beyond our control.
    6. Entire Agreement. The Agreement, including all exhibits, attachments or schedules, and all rule and regulations of The NOW, as revised from time to time, and posted at The NOW’s website (www.thenowmassage.com), constitutes the entire and exclusive agreement between The NOW and you, and supersedes all prior promises, representations, understandings and/or agreements relating to the membership.
    7. Modification. Except as expressly stated herein to the contrary, this Agreement cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by an officer of The NOW, and no change, modification or revision to this Agreement is binding unless agreed to in a writing by an officer of The NOW. Changes posted to The NOW Studio’s website shall be deemed to be a change or modification made in writing by an officer of The NOW.
    8. Non-Waiver. Failure or delay by any party hereto to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, will in no way be considered to be a waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.
    9. Cumulative Remedies. The NOW’s rights and remedies under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable law.
    10. Prevailing Party.In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
    11. Headings. Headings of sections or other parts of this Agreement are included herein for convenience of reference only, and will not constitute a part of this Agreement or change the meaning of this Agreement.
    12. Severability. Except for the class action waiver, the validity or enforceability of any term or provision of this Agreement does not affect the validity or enforceability of any other term or provision hereunder, and if any term or provision of this Agreement is held to be to any extent invalid or otherwise unenforceable by any court of competent jurisdiction, such term or provision will be construed as if it were written so as to effectuate to the greatest possible extent the expressed intent of this Agreement, and the remainder of this Agreement will not be affected and will remain valid and enforceable in all respects.
    13. Governing Law; Venue. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
    14. Electronic Consent & Signatures. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement. The parties agree that the SMS-authenticated signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
    By signing below, you acknowledge that you have received and read this Agreement and that you agree to the terms and conditions described therein, including all exhibits and attachments.
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