The NOW Massage

MEMBERSHIP AGREEMENT

Please read this membership agreement (the “Membership Agreement”) carefully since it forms a legally binding document. By signing your acceptance below, Member and/or Buyer (if applicable) agrees to purchase the membership program at the price described herein and be bound by the terms and conditions as described in this Membership Agreement, which incorporates by reference The NOW’s Terms of Service (https://thenowmassage.com/terms-of-service/) (the “Terms of Service”) and Privacy Policy (https://thenowmassage.com/privacy-policy) (the “Privacy Policy”), and any later-signed Addenda. All of these documents, taken together, form the “Agreement” between the parties identified below.

SERVICES & FEES

PROGRAMS & PRICING

MEMBER PRESALE PRICING – *FOUNDER PRICING
Sanctuary Massage                   50 minute massage, 1x month              $75/month
Pampered Massage                  80 minute massage, 1x month               $105/month
Sanctuary Massage                  50 minute massage, 2x month               $150/month
Pampered Massage                 80 minute massage, 2x month               $210/month
*Founder pricing is limited to the initial Members who sign up at The NOW Montclair.

MEMBERSHIP DETAILS & BILLING

In exchange for a monthly payment of $[monthly_installment] plus sales tax, Member will receive [total_monthly_sessions] massage service(s) without enhancements to use as identified in this Membership Agreement.  You may redeem the Services subject to the terms and conditions of the Agreement at any The NOW Massage location.

BILLING DETAILS

Your first installment of $[monthly_installment] will be due on [due_date]. Since you may cancel with 30-days written notice pursuant to the terms of the Agreement, your minimum total payment obligations under this Membership Agreement are for one (1) month at a total of $[monthly_installment].  Each subsequent installment will be due on your choice of the 1st or 15th of each month thereafter and will continue for the duration of the Term.

Please note that if the Boutique Location identified above is not yet open for business, your first installment will be due on the date the Boutique Location opens for business.

PARTIES

MEMBER

Member Name: [member_name]
Member Address: [member_address]
Member Email: [member_email]
Member Phone: [member_phone]
Date of Birth: [member_dob]

BUYER

(if different from the Member)
Buyer Name: [buyer_name]
Buyer Email: [buyer_email]
Buyer Phone: [buyer_phone]
The Member and/or Buyer (if applicable) may be referred to in the Agreement as “you” or “your”. The Buyer agrees to join the Agreement and be bound by the terms and conditions of the Agreement.

THE NOW ENTITY

The NOW Entity: [thenow_entity] d/b/a [thenow_trade_name]  (“The NOW Boutique”)


BOUTIQUE LOCATION

THE NOW BOUTIQUE LOCATION

The NOW Boutique Address: [thenow_boutique_address]

The NOW Boutique Phone: [thenow_boutique_phone]

The NOW Boutique Email: [thenow_boutique_email]

This is the boutique location where you may redeem Services.


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.

CANCELLATION

YOU ARE NOT REQUIRED TO RENEW THE AGREEMENT.  HOWEVER, YOU CONSENT TO AUTOMATIC RENEWAL PURSUANT TO THE TERMS OF THE AGREEMENT: 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 ADDITIONALS DETAILS, PLEASE SEE THE REQUIREMENTS BELOW AND THE TERMS OF SERVICE.

This Membership Agreement is subject to cancellation by the Member:

  • By providing The NOW Boutique with 30-days written notice pursuant to the terms and conditions of the Terms of Service.
  • By written notice sent by email to The NOW Boutique email address listed in this Membership Agreement or by registered or certified mail, return receipt requested, or personally delivered to The NOW Boutique at 425 Bloomfield Avenue, Montclair, New Jersey 07042, upon the Member’s death or permanent disability. In the case of cancellation due to permanent disability, the Member’s permanent disability must be fully described and confirmed to The NOW Boutique by a physician.
  • By written notice sent by email to The NOW Boutique email address listed in this Membership Agreement or by registered or certified mail, return receipt requested, or personally delivered to The NOW Boutique at 425 Bloomfield Avenue, Montclair, New Jersey 07042, upon the Member’s change of permanent residence to a location more than twenty-five (25) miles from The NOW Boutique at 425 Bloomfield Avenue, Montclair, New Jersey 07042, or another The NOW boutique location offering the same or similar services and facilities at no additional expense to the Member.
  • If The NOW Boutique is closed for more than thirty (30) days, the Member may either extend the Membership Agreement for a period equal to the timeframe during which The NOW Boutique is closed or receive a refund of the amount paid by the Member for the period of The NOW Boutique’s closure, less the value of any Services received by the Member during that time.

In the event of cancellation by a Member, you will have three (3) months from your last monthly billing payment to use or redeem any accrued, but unused Services or they will be forfeited pursuant to the terms of the Agreement.

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 before February 28, 2023.

CANCELLATION BY THE NOW BOUTIQUE

The NOW Boutique may immediately cancel this Membership Agreement at any time by providing written notice to the Member at its email listed in this Membership Agreement or by registered or certified mail, return receipt requested, or personally delivered to the Member.  Upon cancellation, you will have three (3) months from your last monthly billing payment to use or redeem any credits for massage Services.

ADDITIONAL PROVISIONS

The definition of a minor in the Terms of Service, shall be modified to be any individual under the age of eighteen (18) years old.

All capitalized terms not defined in this Membership Agreement shall have the meaning ascribed to them in the Terms of Service, Privacy Policy, or any later signed Addenda. 

This Membership Agreement includes an automatic renewal and an arbitration provision with a class action waiver applicable to all Members and Buyers.

Operation of The NOW Boutique location listed in this Membership Agreement is subject to the New Jersey Massage and Bodywork Therapist Licensing Act, N.J. Stat. § 45:11-53 et seq.

NOTICE TO CUSTOMER

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 day after receiving a copy of this contract. If you choose to cancel this contract, you must either:

  1. Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or
  2. Personally deliver a signed and dated written notice of cancellation to: The NOW Montclair at 425 Bloomfield Avenue, Montclair, New Jersey 07042.

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 health club.

‘Operating day’ means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.


ACCEPTANCE

By checking “I AGREE” below, you acknowledge and accept the following statements:

PATIENT ACKNOWLEDGEMENT

Massage and bodywork therapy practices are designed to promote and maintain the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability. If I experience any pain or discomfort during this session, I will immediately inform the therapist so that the pressure and/or manipulations may be adjusted to my level of comfort. Because massage and bodywork therapy may be contraindicated due to certain medical conditions, I affirm that I have informed the therapist of all my known medical conditions and will keep the therapist updated as to any changes in my medical condition.


Member Printed Name: [member_printed_name]

Date: [agreement_date]

Member’s Signature:  [member_signature]

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