1. Authorization for Scheduled Payments and Late Fees
You authorize The Now (which, for purposes of this Payment Authorization, includes our employees, service
agents, and assignees) to seek payment of the Monthly Fee and any other amount due under the Agreement on or after
payment due date by charging the credit card on file. You understand that a charge may not immediately post to the
If you have provided multiple payment cards to us, and in the event a payment that we attempt to collect fails,
authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional
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
charged to that card. If any payment card that you have previously provided The Now changes or expires, you agree
promptly notify The Now of such change so that there is always at least one valid card on file. If any payment
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
under applicable law, which may include, but are not limited to, suspension of your membership in the Program
payment is made, assessing a late payment fee of $25.00, and/or terminating this Agreement and your membership in
Neither gift cards nor loyalty points may be redeemed to pay any portion of the Membership Fee, and no payments of
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
card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing The
with information about a payment method, you authorize The Now to correct the error after verifying the
You understand that your financial institution may charge you a fee in addition to any service charge you may owe
any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability
You may revoke this payment authorization in person at your Primary Ritual Location, by calling The Now at
, by sending an e-mail to, [email protected] or by
writing to The Now at 2711 N Sepulveda Blvd.,
Beach CA 90266 with enough notice to give The Now a reasonable opportunity (typically three (3) business days) to
your request. If you revoke this authorization, you will st
2. Automatic Renewal
You agree to continue to purchase your selected Program for each subsequent month unless and until this Agreement
terminated by The Now or cancelled by you. This means that you are obligated to pay the Monthly Fee to The Now for
month after you enter this Agreement unless you follow the cancellation procedure described below.
Cancellation is only effective with the delivery of a completed and signed Program Cancellation Form to the
your Primary Ritual Location in person or by certified or registered United States mail. Program Cancellation
be accompanied by the membership cards and any other documents or evidence of membership previously delivered to
In the event you cancel your membership, you agree that you will be responsible for payment though the date of The
receipt of the notice of cancellation, or on a later date as you may specify. In either event, the effective date
termination will be referred to as the “Cancellation Date.” No cancellation will eliminate any financial
owed by you to The NOW prior to the Cancellation Date. You are not entitled to a refund of any other amounts
paid to The NOW under this Agreement, and no refunds will be given for any benefits which you have accrued but
used as of the Cancellation Date, including by way of example only, any sessions or services that you have carried
or would otherwise be entitled to as a Member.
4. Membership Suspension
The NOW may agree to suspend your membership (a “Membership Suspension”) for up to a maximum of six months upon
of a completed and signed Membership Freeze Form.
The granting of a Membership Suspension will be deemed to be effective as of the date that the next Monthly Fee is
No Membership Suspension will eliminate any financial obligations owed by you to The NOW prior to the effective
the Membership Suspension and will only apply to future payments of the Monthly Fee. A Membership Suspension will
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
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
while repairs, renovations, or special events take place, or governmental permits or licenses are received or
or for any other reason. The NOW will attempt to minimize any disruption to Members during such periods. Some or
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
be a breach by The Now of any terms, conditions, agreement, or any other duties or obligations in connection with
Program or the Agreement. In such event, your only remedy will be to carry over the sessions into a subsequent
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
by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism,
civil disturbance, Labor Disruption, unavailability of materials or transportation facilities, the orders or
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
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
rules, regulations, or directions, or if you act in a manner contrary to the best interests or safety of The Now
members, The Now has the absolute right to refuse your entry into a Participating The NOW or to discontinue
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
health or safety of yourself or others and that you are solely responsible for any and all property damage or
injury caused by you, your family, or your guests arising out of your use of or access to the Participating The
services or equipment, or otherwise as a result of your membership or on the premises of The Now, even if there is
negligence or intentional misconduct by you, your family, or your guests.
You agree that your membership in the Program is personal to you and may not be transferred or otherwise assigned
other individual, whether or not such other individual is your spouse or family member. In certain limited
that may vary between Participating The Now locations, a monthly membership benefit may be shared. Please inquire
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
risk. You understand and agree that The Now, their owners, officers, employees, agents, contractors, and
not be responsible or liable for any loss of your personal property, whether for loss, theft, damage, or
for any personal or bodily injury or damages that occur to you or any of your guests. This waiver of liability
any negligence of The Now, their owners, officers, employees, agents, contractors, or affiliates but does not
intentional wrongdoing or willful misconduct. This waiver is intended to be a complete release of any
personal injuries and/or property loss or damage sustained by you or any guest while on The Now premises, whether
services or equipment or not.
THE NOW MAY MODIFY THE SERVICES OFFERED AT A PARTICIPATING THE NOW OR THE TERMS AND CONDITIONS OF THIS AGREEMENT
TIME, AND SUCH MODIFICATIONS WILL BE DEEMED EFFECTIVE IMMEDIATELY UPON MAKING SUCH CHANGES. THE NOW WILL PROVIDE
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
THE SERVICES INCLUDED IN THE MEMBERSHIP, AND YOU WILL BE ENTITLED TO CANCEL YOUR MEMBERSHIP WITHIN 30 DAYS OF ANY
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
information including your name, address, telephone number, email and credit card number. You agree to notify The
promptly of any changes to any of this information by giving written notice in the manner described below. Failure
provide updated billing and contact information may result in you not receiving important notices regarding your
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
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,
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
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
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
to receive artificial or prerecorded voice message system calls by calling
or writing to 2711 N. Sepulveda Blvd. #359, Manhattan Beach CA 90266 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.
Except notices regarding your cancellation of this Agreement, which notices must be provided in the manner
Section 3 of this Agreement, all notices required to be made or otherwise made under this Agreement by you to The
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
NOW will use the email address set forth in this Agreement as the email address for any and all such notices. It
responsibility to ensure that the email address provided to The NOW is at all times operational for you to receive
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
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
with respect to your membership in the Program and supersede any and all prior understandings between you and The
relating to the subject matter of this Agreement, whether oral or written. In the event of a conflict between the
of this Agreement and any of the other documents or agreements between you and The NOW, this Agreement will govern
Except as expressly stated herein to the contrary, this Agreement cannot be altered, amended, modified,
waived, released or discharged except in a writing signed by you and an officer of The NOW, and no change,
or revision to this Agreement is binding unless agreed to in a writing by an officer of The NOW. Changes posted to
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
Unless prohibited by federal law, you and we agree to arbitrate any and all disputes, claims, or controversies
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,
enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION in the federal judicial
which your Participating The Now is located, before a single arbitrator, in accordance with the laws of the state
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
in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not
available or will be more limited in arbitration, including the right to appeal. You and we each understand and
that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT
COURT OR JURY TRIAL. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION,
ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple
The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures.
the award may be entered in any court having jurisdiction. The parties to this Agreement agree that this clause
included to rapidly and inexpensively resolve any disputes between them with respect to this Agreement, and that
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
You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the
arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver
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
unenforceable with respect to such claim (and that determination becomes final after all appeals have been
the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated.
a case, the court will stay the claim for public injunctive relief until the arbitration pertaining to individual
has been entered in court. In no event will a claim for public injunctive relief be arbitrated. If any other
this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of
Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment
default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent
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
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
If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60)
after the date you sign this Agreement. You must send your request by calling
or sending an email to [email protected] The request must include your full name, address, account
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
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
provisions, rights or options, or to in any way affect the validity of this Agreement. The NOW’s rights and
under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable
Headings of sections or other parts of this Agreement are included herein for convenience of reference only, and
not constitute a part of this Agreement or change the meaning of this Agreement.
Except for the class action waiver, the validity or enforceability of any term or provision of this Agreement does
affect the validity or enforceability of any other term or provision hereunder, and if any term or provision of
Agreement is held to be to any extent invalid or otherwise unenforceable by any court of competent jurisdiction,
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
enforceable in all respects.