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Mandatory Dispute Resolution & Arbitration Agreement

Effective Date: December 10, 2025

This Mandatory Dispute Resolution & Arbitration Agreement (“Agreement”) sets forth the process you, one the one hand, and The NOW Boutique entity listed in your Membership Agreement or Guest Form; The NOW Franchise, LLC; and each of their affiliates, employees, owners, agents, representatives, assigns, service providers, vendors, contractors or any third-party beneficiary under the Terms of Service (collectively, “The NOW”), on the other hand, agree to follow in the event that either you or The NOW has a Dispute (as defined below) against each other. Compliance with the provisions below, including the Mandatory Informal Dispute Resolution Process and the Mandatory, Individual Arbitration Agreement and Process, are mandatory. Failure to comply with these provisions could impact your rights. Therefore, please read this Agreement carefully.

THIS AGREEMENT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION OR LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE NOW WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

IF YOU DO NOT AGREE TO THE PROVISIONS BELOW, DO NOT AGREE TO THIS AGREEMENT.

Mandatory, Informal Dispute Resolution Process

The NOW values your business and wants to ensure your satisfaction. Therefore, before initiating any arbitration proceeding (as outlined below), you and The NOW agree to attempt, in good faith, to resolve any claim, controversy, or dispute arising out of or relating to this Agreement; your access to or use of www.thenowmassage.com (the “Site”) or any products or Services offered by or purchased from The NOW; or any aspect of your relationship with The NOW, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute").

To comply with this provision, you and The NOW must:

  • Send written notification of your Dispute (“Notice”) to the other party at the addresses listed below
    • Address for The NOW: 8149 Santa Monica Blvd., #298, Los Angeles, California 90046.
    • Address for you: your email address or, if The NOW is not in possession of a working email address for you, the physical address The NOW has on file for you
  • Send the Notice within 365 days of the events giving rise to the Dispute occurring
    • Note: failure to comply with this time limitation may result in a waiver of your or The NOW’s right to initiate an arbitration
  • Include with the Notice the following information:
    • Your full name
    • Contact Information
      • If sent by you, “contact information” means a way in which The NOW can contact you (i.e., mailing address, email address, telephone number, etc.)
      • If sent by The NOW, “contact information” means a person at The NOW that you can contact to discuss the Dispute
    • A description of the Dispute
    • Any documentation that supports the Dispute
  • Wait sixty (60) days from the date the Notice was sent to the other party before initiating the arbitration process (as outlined below)
  • Engage in meaningful resolution discussions with the other party during the at least sixty (60) days between when the Notice is sent and when the arbitration process is initiated
    • For the avoidance of doubt, “meaningful resolution discussions” means at least one telephone call between you and a representative of The NOW.

YOU AND THE NOW AGREE THAT COMPLIANCE WITH THIS PROVISION IS A CONDITION PRECEDENT TO EITHER YOU OR THE NOW INITIATING THE ARBITRATION PROCESS. IF EITHER YOU OR THE NOW DO NOT COMPLY WITH THIS PROVISION, YOU AND THE NOW AGREE THAT THE ARBITRATION PROCESS IS PREMATURE, INVALID, AND SHOULD BE TERMINATED UNTIL THIS PROVISION IS COMPLIED WITH IN FULL.

Mandatory, Individual Arbitration Agreement and Process

Subject to compliance with the Mandatory, Informal Dispute Resolution Process, you and The NOW agree that any Dispute between you and The NOW will be resolved through binding individual arbitration as set forth in this Agreement, except:

  • either you or The NOW may initiate a Dispute in or take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction; and
  • as otherwise expressly provided herein.

Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to:

  • any dispute or claim that arose before the existence of this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  • any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and
  • any dispute or claim that may arise after termination of your and The NOW’s relationship.

Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, claims of piracy or unauthorized use of intellectual property.

The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide):

  • issues that are reserved for a court in this Agreement;
  • issues that relate to the scope, validity, and enforceability of the arbitration agreement; and
  • issues that relate to the arbitrability of any Dispute.

This Agreement and its arbitration process do not prevent you from bringing a Dispute to the attention of any government agency. You and The NOW agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

To the fullest extent permitted by applicable law, you and The NOW agree that each may bring claims against the other only in your or The NOW’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.

Further, unless both you and The NOW agree otherwise in writing, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.

Arbitration Process

Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”). The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Such arbitration shall be initiated by any party in accordance with the JAMS rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. You may choose to have the arbitration conducted by telephone, based on written submission, or in person in the county where your boutique is located, or at another agreement mutually agreed to by The NOW.

The arbitrator will: (a) apply applicable law and the provisions of this Agreement; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.

Discovery issues will be decided by the arbitrator. Post-hearing briefs will be permitted. The arbitrator will render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator will have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, will be determined by arbitration under this paragraph.

You and The NOW agree that this Agreement has been included to rapidly and inexpensively resolve any Dispute or Disputes between the parties and that this section will be grounds for dismissal of any court action commenced with respect to such Dispute or Disputes, except as specifically described above. You and The NOW each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. This 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). With the exception of the class arbitration waiver (described above), if any other provision of this Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Agreement.

WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

Applicable Law and Venue

The Agreement to Arbitrate as described herein shall be governed by the Federal Arbitration Act (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Agreement to Arbitrate and all of its provisions, including, without limitation, the class arbitration waiver discussed above. State arbitration laws do not govern in any respect.

You agree that all matters relating to your access to or use of the Site, including all disputes and claims, will be governed by the laws of the United States and by the laws of the state in which your The NOW Boutique is located.

Unless you and The NOW agree otherwise in writing, to the fullest extent permitted by law, the state and federal courts in the county in which your The NOW Boutique is located will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of this Agreement. You and The NOW consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

Future Changes to this Agreement

Notwithstanding any provision to the contrary, you and The NOW agree that if The NOW makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending The NOW written notice personally signed by you within thirty (30) days of the change to 8149 Santa Monica Blvd., #298, Los Angeles, California 90046. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between you and The NOW in accordance with the language of this version of the Agreement.

Additional Terms

Please review The NOW’s other terms and policies posted on the Site, including the Privacy Notice and Terms of Service. The Terms of Service also govern your use of the Site and are incorporated by reference into, and made a part of, this Agreement. To the extent there is any inconsistency between this Agreement and The NOW’s Terms of Service, this Agreement shall take precedence. This Agreement constitutes the entire agreement between you and The NOW relating to the subject matter addressed herein.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without The NOW’s prior written consent. The NOW may assign this Agreement and our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.