MEMBERSHIP AGREEMENT
This Membership Agreement includes an automatic renewal clause and an arbitration provision with a class action waiver applicable to all members. Please read this Membership Agreement carefully since it forms a legally-binding contract.
By signing your acceptance below, Member agrees to purchase the membership program at the price described herein and be bound by the terms and conditions as described in the Membership Agreement, which incorporates by reference The NOW’s Terms of Service, Privacy Policy and any later-signed Addenda. All of these documents, taken together, form the “Agreement” between the parties identified below.
PARTIES
MEMBER
(The Member is the individual entering in this Agreement who will receive Services)
Member Name: [member_name]
Member Email: [member_email]
Member Phone: [member_phone]
The Member (and Buyer, as applicable) may be referred to in the Agreement as “you” or “your.”
BUYER
(Only complete the information below if the individual responsible for payment of Services is different from the Member)
Buyer Name: [buyer_name]
Buyer Email: [buyer_email]
Buyer Phone: [buyer_phone]
THE NOW ENTITY
(All boutiques are independently owned and operated by franchisees associated with The NOW franchise system)
The NOW Entity: [thenow_entity] d/b/a [thenow_trade_name] (“The NOW Boutique”)
BOUTIQUE LOCATION
THE NOW BOUTIQUE LOCATION
(This is the boutique location where you may redeem Services)
The NOW Boutique Address: [thenow_boutique_address]
The NOW Boutique Phone: [thenow_boutique_phone]
The NOW Boutique Email: [thenow_boutique_email]
TERM
Initial Term: 1 Month
Renewal Term: 1 Month
The Initial Term and all Renewal Terms will be collectively referred to as the “Term” of the Agreement.
CONSENT TO AUTOMATIC RENEWAL: UNLESS YOU HAVE PREPAID FOR SERVICES, YOU ACKNOWLEDGE, CONSENT AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU PROPERLY CANCEL. AUTOMATIC RENEWAL MEANS THAT THE NOW BOUTIQUE ENTITY LISTED IN YOUR AGREEMENT WILL CONTINUE TO CHARGE YOU FOR SERVICES UNDER THE TERMS OF THE AGREEMENT UNTIL YOU CANCEL YOUR MEMBERSHIP OR THE AGREEMENT IS TERMINATED FOR ANOTHER REASON. TO CANCEL YOUR RECURRING DUES MEMBERSHIP, YOU MUST PROVIDE THE NOW BOUTIQUE WITH A 30-DAY WRITTEN NOTICE OF CANCELLATION. FOR MORE DETAILS, PLEASE SEE THE TERMS OF SERVICE.
SERVICES & FEES
PROGRAMS & PRICING
(This section describes the Services that Member will receive and the prices Member or Buyer will pay for Services)
[services_and_pricing]
MEMBERSHIP DETAILS & BILLING
RECURRING DUES MEMBERSHIP
In exchange for a monthly payment of $[monthly_installment], Member will receive [total_monthly_sessions] massage services to use at the boutique location identified above. You may redeem the services subject to the terms and conditions of the agreement.
BILLING DETAILS
[billing_details]
[state] ADDENDUM
Operation of The NOW Boutique location listed on the first page of the Agreement will be subject to the New Jersey Massage and Bodywork Therapist Licensing Act, N.J. Stat. § 45:11-53 et seq. and all applicable Municipal ordinances governing the establishment, licensing, and operation of Massage therapy business.
NOTICE TO CONSUMERS
You are entitled to a copy of this contract at the time you sign it.
You may cancel this contract at any time before midnight of the third operating date after receiving a copy of this contract. If you choose to cancel this contract, you must either:
- Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested;
- Personally deliver a signed and dated written notice of cancellation to: The NOW Boutique, [thenow_boutique_address]; or
- Logging into your The NOW Ritual Member account online and submitting a request to cancel.
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice to The NOW Boutique.
“Operating date” means any calendar day on which patrons may inspect and use The NOW Boutique’s facilities and services during a period of at least eight hours, except holidays and Sundays.
In the event that The NOW Boutique is closed for a period longer than 30 days while you are a paying Member, through no fault of your own, then you will be entitled to either extend this contract for a period equal to the duration in which The NOW Boutique’s facilities were closed or receive a prorated refund of the amount you paid under this agreement during the identified closure. In the event that the specific The NOW Boutique location becomes permanently closed on the date this agreement is signed then you may cancel this agreement and receive a refund of any monies paid.
You may terminate this agreement in the event that you move your permanent residence to a location more than twenty-five (25) miles from the nearest The NOW Boutique facility by sending written notice to The NOW Boutique, [thenow_boutique_address], by registered or certified mail, return receipt requested; logging into you’re the NOW Ritual Member account online and submitting a request to cancel; or personally delivered to The NOW Boutique location identified herein. Upon such a cancellation, The NOW Boutique shall be permitted to retain a prorated share of the Membership payment made plus reimbursement for expenses (not to exceed 10% of the aggregate contract amount). The NOW Boutique shall be permitted to require proof of your change in permanent residence as a condition precedent to any such cancellation.
In the event of your death or permanent disability, this agreement may be cancelled by sending a written notice by registered or certified mail, return receipt requested, to The NOW Boutique, [thenow_boutique_address], notifying The NOW Boutique of said death or disability, with a physician’s note confirming and describing the permanent disability. Should this agreement be cancelled due to death or permanent disability, The NOW Boutique shall be permitted to retain payment representing the time expended prior to death or disability plus reimbursement of expenses incurred (not to exceed 10% of the aggregate contract amount).
ACCEPTANCE
I am expressly acknowledging and agreeing to the following:
Member Printed Name: [member_printed_name]
Date: [agreement_date]
Member’s Signature: [member_signature]
