• The Ritual Membership Agreement
    The NOW, LLC.



    This agreement automatically renews unless you cancel

    See below for details.

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  • This agreement includes an arbitration provision with a class action waiver. Please read it carefully.

    By signing below, you agree (a) to purchase a membership in The NOW Ritual Membership Program (the “Program”) offered by thenow, LLC (“The NOW”) and (b) to be bound by this Agreement, including the Terms and Conditions attached as Exhibit A, the Description of Services attached as Exhibit B, the rules and regulations of the facilities where the Program is offered (each a “Participating The NOW”), and any other terms and conditions concerning the Program and/or Participating The NOW which may be included on The NOW’s website at www.thenowmassage.com during the term of your membership, each of which is incorporated as a material part of the Agreement.

    The monthly fee (the “Monthly Fee”) for your selected Programis below:

    • per month for the Program known as “”

    You hereby authorize The NOW to charge the Monthly Fee, based on your selection from the options above, to the credit card account you have on file with your Participating The NOW, each month of your membership starting on the Commencement Date shown above, or the first business day thereafter, and continuing during the term of your membership, on the first day of the next month and each month thereafter. You will be responsible for paying the entirety of the Monthly Fee regardless of how many sessions you actually attend. You will not be entitled to a refund for sessions that you do not attend, but these sessions may be carried over in certain circumstances as described in the attached Exhibit B. The sessions and services included in the Program and a list of the Participating The NOW locations are set forth in the attached Exhibit B. Their current hours of operations are as follows:


    • 10:00am-10:00pm, Mon - Sun

    Automatic Renewal Cancellation Policy: You have the right to cancel this Agreement (1) for any reason within fifteen (15) days after the Commencement Date on written notice to the Participating The NOW, in which case you will be entitled to a full refund of any monies already paid (less the retail price of any services or sessions already used), and (2) thereafter, at any time with a minimum of seven (7) days of notice prior to the next billing date. In order to effectively exercise your right of cancellation, you must notify The NOW of your intention to cancel by completing and signing a Program Cancellation Form in person or by delivering a completed and signed Program Cancellation Form by certified or registered mail to the address of your Primary Ritual Location. Once you have cancelled this Agreement, you will be ineligible to re-enter into the Program for a period of 90 days.

     

    By initialing below, you specifically agree to Section 13 of the Terms and Conditions below, which provides for arbitration of disputes.

     

    By signing below, you acknowledge that you have received and read a copy of this Agreement and that you agree to the terms of this Agreement, including the Individual Arbitration Agreement and Class Action Waiver and the Automatic Renewal provisions, together with all exhibits and schedules, and that you desire to have the Membership Agreement extended for an automatic monthly Membership Renewal and authorize The NOW to continue to charge the Monthly Fee to the credit card account The NOW has on file as of the date set forth by your signature below.

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  • ACCEPTED BY (SIGNATURE OF THE NOW AUTHORIZED PERSON)

     
    Exhibit A
    Terms and Conditions
     

    These Terms and Conditions are a part of the Agreement and are hereby incorporated into the Agreement. These Terms and Conditions use the words “you,” “your,” and “Member” to mean the individual whose name is identified on page 1 of this Agreement under the heading “Member Name” and who signed this Agreement.

     

    1. Authorization for Scheduled Payments and Late Fees

    You authorize The Now (which, for purposes of this Payment Authorization, includes our employees, service providers, agents, and assignees) to seek payment of the Monthly Fee and any other amount 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 the Monthly Fee 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 in the Program until such payment is made, assessing a late payment fee of $25.00, and/or terminating this Agreement and your membership in the Program.

    Neither gift cards nor loyalty points may be redeemed to pay any portion of the Membership Fee, and no payments of the Membership Fee will be counted towards any loyalty points. The Membership Fee cannot be combined with any other promotion or discounts.

    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 your Primary Ritual Location, by calling The Now at 702.757.3420, by sending an e-mail to [email protected], or by writing to The Now at 600 S Green Valley Pkwy, Suite 100 Henderson, NV 89052 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.

    2. Automatic Renewal

    You agree to continue to purchase your selected Program for each subsequent month unless and until this Agreement is terminated by The Now or cancelled by you. This means that you are obligated to pay the Monthly Fee to The Now for every month after you enter this Agreement unless you follow the cancellation procedure described below.

    3. Cancellation

    Cancellation is only effective with the delivery of a completed and signed Program Cancellation Form to the address of your Primary Ritual Location in person or by certified or registered United States mail. Program Cancellation Forms must be accompanied by the membership cards and any other documents or evidence of membership previously delivered to the Member.

    In the event you cancel your membership, you agree that you will be responsible for payment though the date of The NOW’s receipt of the notice of cancellation, or on a later date as you may specify. In either event, the effective date of the termination will be referred to as the “Cancellation Date.” No cancellation will eliminate any financial obligations owed by you to The NOW prior to the Cancellation Date. You are not entitled to a refund of any other amounts previously paid to The NOW under this Agreement, and no refunds will be given for any benefits which you have accrued but have not used as of the Cancellation Date, including by way of example only, any sessions or services that you have carried over or would otherwise be entitled to as a Member.

    4. Membership Suspension

    In its sole discretion, The NOW may agree to suspend your membership (a “Membership Suspension”) for as many as six months upon receipt of a completed and signed Membership Freeze Form accompanied by written documentation, reasonably acceptable to The Now, of a significant change in circumstances.

    The granting of a Membership Suspension will be deemed to be effective as of the date that the next Monthly Fee is due. No Membership Suspension will eliminate any financial obligations owed by you to The NOW prior to the effective date of the Membership Suspension and will only apply to future payments of the Monthly Fee. A Membership Suspension will not result in a refund of any amounts previously paid to The NOW under this Agreement.

    During a Membership Suspension you will not be entitled to any Program benefits. Following the expiration of any Membership Suspension, your membership will be reinstated and the Monthly Fee will be automatically charged to your credit card without notice.

     

    5. Closings and Unavailability

    You acknowledge and agree that a part of, or the entirety of, a Participating The Now may be temporarily unavailable while repairs, renovations, or special events take place, or governmental permits or licenses are received or renewed, or for any other reason. The NOW will attempt to minimize any disruption to Members during such periods. Some or all of the Participating The NOWs may be closed, or have reduced hours, for holidays. In the event that any closure or unavailability prevents you from accessing a session or any other service, it will in no way be deemed or construed to be a breach by The Now of any terms, conditions, agreement, or any other duties or obligations in connection with the Program or the Agreement. In such event, your only remedy will be to carry over the sessions into a subsequent month if allowed by the rules described in additional detail in Exhibit B.

    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. Rules and Regulations

    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 at its sole discretion, and directions of governmental authorities and The Now personnel (collectively, the “Rules”). If, in the Now’s reasonable judgement, you or your guest(s) violate any of these laws, rules, regulations, or directions, 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 a Participating The NOW or to discontinue service temporarily or permanently.

    You also agree that you will not use the Participating The Now services or equipment in such a way as to endanger the health or safety of yourself or others and that you are solely responsible for any and all property damage or personal injury caused by you, your family, or your guests arising out of your use of or access to the Participating The NOW services or equipment, or otherwise as a result of your membership or on the premises of The Now, even if there is no negligence or intentional misconduct by you, your family, or your guests.

    7. Transferability

    You agree that your membership in the Program is personal to you and may not be transferred or otherwise assigned to any other individual, whether or not such other individual is your spouse or family member. In certain limited circumstances that may vary between Participating The Now locations, a monthly membership benefit may be shared. Please inquire at your Participating The NOW for more details.

    8. Risks Assumed/Waiver of Liability

    By entering into this Agreement, you acknowledge that you are using the services and facilities of The Now at your own risk. You understand and agree that The Now, their owners, officers, employees, agents, contractors, and affiliates will not be responsible or liable for any loss of your personal property, whether for loss, theft, damage, or otherwise, nor for any personal or bodily injury or damages that occur to you or any of your guests. This waiver of liability includes any negligence of The Now, their owners, officers, employees, agents, contractors, or affiliates but does not include intentional wrongdoing or willful misconduct. This waiver is intended to be a complete release of any responsibility for personal injuries and/or property loss or damage sustained by you or any guest while on The Now premises, whether using services or equipment or not.

    9. Modifications

    THE NOW MAY MODIFY THE SERVICES OFFERED AT A PARTICIPATING THE NOW OR THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS WILL BE DEEMED EFFECTIVE IMMEDIATELY UPON MAKING SUCH CHANGES. THE NOW WILL PROVIDE YOU AN EMAIL NOTICE AS DESCRIBED BELOW OF ANY CHANGES WITH RESPECT TO ANY INCREASE IN THE AMOUNT OF THE PROGRAM FEE, THE MONTHLY FEE, AND/OR THE FREQUENCY THAT THE MONTHLY FEE WILL BE CHARGED TO YOUR CREDIT CARD, OR ANY MATERIAL CHANGE TO THE SERVICES INCLUDED IN THE MEMBERSHIP, AND YOU WILL BE ENTITLED TO CANCEL YOUR MEMBERSHIP WITHIN 30 DAYS OF ANY SUCH CHANGES BY PROVIDING THE NOW WITH A PROGRAM CANCELLATION FORM AS DESCRIBED ABOVE

    10. Contacting You

    For purposes of identification and billing, you agree to provide The NOW with current, accurate, complete and updated information including your name, address, telephone number, email and credit card number. You agree to notify The NOW promptly of any changes to any of this information by giving written notice in the manner described below. Failure to provide updated billing and contact information may result in you not receiving important notices regarding your membership.

    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 702.757.3420 or writing to 600 S Green Valley Pkwy, Suite 100 Henderson, NV 89052 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.

    11. Notices

    Except notices regarding your cancellation of this Agreement, which notices must be provided in the manner described in Section 3 of this Agreement, all notices required to be made or otherwise made under this Agreement by you to The NOW should be sent by email to: [email protected]

    To the maximum extent permitted by applicable law, you consent to receiving notices from The NOW by electronic mail. The NOW will use the email address set forth in this Agreement as the email address for any and all such notices. It is your responsibility to ensure that the email address provided to The NOW is at all times operational for you to receive such notices. To stop emails, you can follow the opt‐out instructions included at the bottom of the emails.

    12. Entire Agreement

    This Agreement, together with all attached exhibits, the rules and regulations of each Participating The NOW, and any terms and conditions regarding the Program and the Participating The NOW included on The NOW’s website during your membership in the Program at www.thenowmassage.com, constitute and contain the entire agreement between you and The NOW with respect to your membership in the Program and supersede any and all prior understandings between you and The NOW relating to the subject matter of this Agreement, whether oral or written. In the event of a conflict between the terms of this Agreement and any of the other documents or agreements between you and The NOW, this Agreement will govern and control.

    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 you and 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 website are deemed a change or modification made in writing by an officer of The NOW.

    13. Agreement to Arbitrate and Waiver of Class or Representative Proceedings; Governing Law; Venue; Jury Trial Waiver

    Unless prohibited by federal law, you and we agree to arbitrate any and all disputes, claims, or controversies relating in any way to this Agreement or the dealings between you and The Now or any of its affiliates, employees, owners, agents, representatives, assigns, or service providers (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION in the federal judicial district in which your Participating The Now is located, before a single arbitrator, in accordance with the laws of the state in which your Participating The Now is located for agreements made in and to be performed in that state.

    In any Claim to be resolved by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.

    The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties to this Agreement agree that this clause has been included to rapidly and inexpensively resolve any disputes between them with respect to this Agreement, and that this clause will be grounds for dismissal of any court action commenced with respect to this Agreement, other than post-arbitration actions seeking to enforce an arbitration award and actions seeking equitable, injunctive or other similar relief.

    You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement will be void. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court will stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. If any other portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement 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).

    IN THE EVENT THIS AGREEMENT IS FOUND NOT TO BE SUBJECT TO ARBITRATION, MEMBER AND THE NOW AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE COUNTY WHERE THE PRIMARY RITUAL MEMBERSHIP IS LOCATED AND WAIVE ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS WITH RESPECT TO ANY JURISDICTION THEREIN.

    YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request by calling 702.757.3420 or sending an email to [email protected] 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.

    14. Non-Waiver; Remedies Cumulative

    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. 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.

    15. 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.

    16. 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.

     

    Exhibit B

    Description of Services, Location of Participating The NOW, Hours of Operation
    During the term of your membership in the Program, you will be entitled to receive the following benefits:
     
    • As of the Commencement Date and The NOW’s receipt of your first Monthly Fee, you will be entitled to receive during that same initial calendar month, one or two 50 minute or 80 minute (dependent on your choice of Ritual Membership) massage(s) of your choice; except that, if you sign up on the last day of a calendar month, then your sign-up payment is with respect to the following month and you will be entitled to one or two 50 minute or 80 minute (dependent on your choice of Ritual Membership) massage(s) during that following month. On the first day of each calendar month during your membership, your credit card will be charged the sum of . That charge will entitle you to receive one or two 50 minute or 80 minute (dependent on your choice of Ritual Membership) massage(s) during that calendar month.
    • Up to three friends and family per month that book as Member’s guest and have never previously received a service at any location of The NOW will be eligible to receive the member rate for a 50-minute massage service or for an 80-minute massage service.
    • Members may gift a monthly membership benefit with a person of their choice if that person has never previously received a service at any location of The NOW.

    Complimentary 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.

    The NOW reserves the right to substitute the services that constitute Complimentary treatments with other services that are substantially similar in the initial Complimentary treatments..

    Participating The NOW Locations

    The NOW locations at which your membership under the Program will be honored are those The NOW locations that are owned or operated by The NOW. A list of The NOW locations as to which your membership currently applies is attached as Schedule A.

     

    Schedule A

    LIST OF PARTICIPATING THE NOW LOCATIONS & HOURS OF OPERATION

     

    The NOW Henderson
    10:00am-10:00pm, Mon - Sun

     

    Exhibit C

    Confirmation of Membership Renewal

     
    This Confirmation of Membership Renewal is in reference to The NOW Membership agreement entered into between (“Member”) and The NOW, LLC (“The NOW”), dated (the “Membership Agreement”). Capitalized terms used in this Confirmation of Membership Renewal that are not otherwise defined herein will have the meanings set forth in the Membership Agreement. By signing below, Member confirms that it desires to have the Membership Agreement extended for an automatic monthly Membership Renewal. You authorize The NOW to continue to charge the Monthly Fee to the credit card account The NOW has on file as of the date set forth by your signature below.
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