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, up to 3 years from beginning of Initial Term
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]
OREGON ADDENDUM
BUYER’S RIGHT TO CANCEL
If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered before midnight of the third business day after you sign this contract. The notice must be mailed to [thenow_boutique_address]. If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid.
STATE CANCELLATION PROVISIONS
You may cancel the Agreement if:
(a) You die or become physically unable to use a substantial portion of those health spa services from the date of the contract until the time of your disability. The NOW may require that your claimed disability be confirmed by an examination of a physician agreeable to you and The NOW.
(b) The NOW facility identified in the Agreement goes out of business.
(c) The NOW facility identified in the Agreement moves its facility closest to your residence on the date of the Agreement to a location more than five (5) additional miles from that residence.
(d) A facility, construction or improvement is not completed by the date represented in the Agreement.
(e) If The NOW materially changes the health spa services promised as a part of the initial contract.
The Member may cancel this Membership Agreement and receive a full refund of any deposit or payment made pursuant to this Membership Agreement if the NOW Boutique is not operating and accepting customers for Services on or before June 30, 2023.
If the Agreement is cancelled for any of the reasons as described above, then you may be eligible for a refund upon cancellation in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.
Operation of The NOW Boutique location listed on the first page of the Agreement will be subject ORS §§ 687.011 et seq. and the Oregon State Board of Massage Therapists Administrative Rules.
CONSENT TO AUTOMATIC RENEWAL
IF YOU HAVE A RECURRING DUES MEMBERSHIP, YOU ACKNOWLEDGE, CONSENT AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL SUCH TIME AS YOU PROPERLY CANCEL THE AGREEMENT. AUTOMATIC RENEWAL MEANS WE WILL CONTINUE TO CHARGE YOU FOR SERVICES UNDER THE TERMS OF YOUR AGREEMENT UNTIL YOU CANCEL OR WE TERMINATE THE AGREEMENT. TO CANCEL YOUR RECURRING DUES MEMBERSHIP, YOU MUST PROVIDE US WITH A 30-DAY WRITTEN NOTICE OF CANCELLATION.
ACCEPTANCE
I am expressly acknowledging and agreeing to the following:
Member Printed Name: [member_printed_name]
Date: [agreement_date]
Member’s Signature: [member_signature]
