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TERMS OF SERVICE

Last Updated: October 14, 2024

1. OVERVIEW

Before you get started with your first Pause service, please read these Terms of Service (“Terms”) carefully. These Terms are intended to apply broadly and, whether we consider you a Member or a Guest (as these terms are defined below), they will govern your (a) access to the Pause website (pausestudio.com) (“Site”) and mobile application (“App”); (b) entry to a Pause studio location; or (c) your purchase of a product or service sold or provided by us (each, a “Service” and, collectively, the “Services”). By accepting the benefits of our Services, you hereby agree to these Terms. If you do not agree to these Terms, then you may not access the Site or App, or use our Services. Your acceptance of these Terms shall include any additional terms, conditions, hyperlinks or policies referenced herein. 

2. PARTIES TO THE AGREEMENT

These Terms, together with the information contained in your membership receipt (if you are a Member) and/or Liability Waiver (if you are a Member or a Guest), constitute your “Agreement” with the independently owned and operated Pause franchisee providing you with Services (the Pause franchisee being identified herein as the “Pause Studio,” “we,” “us” or “our”). Your Agreement is with the Pause Studio and not with Pause Franchisor, Inc. (“Pause Franchisor”). For clarity, Pause Franchisor owns and operates the Site and App, and makes these technologies available to the public to provide information about the various products and services offered by Pause. By receiving Services, you acknowledge that Pause Franchisor, and its past, present and future affiliates and subsidiaries, and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees or representatives (collectively, the “Pause Franchisor Entities”) shall have no obligation to provide you with Services and further shall have no liability under your Agreement with the Pause Studio, including without limitation, these Terms. Notwithstanding the foregoing, Pause Franchisor Entities will be considered third-party beneficiaries to the following provisions of these Terms: Section 17 (Third Party Websites and Content); Section18 (Third Party Website and Disclaimers); Section 19 (Disclaimer of Warranties); Section 20 (Limitation of Liability); Section 21 (Indemnification); Section 22 (Disputes); Section 23 (Binding Individual Arbitration).

3. CHANGES & CORRECTIONS

You can always review the most recent version of these Terms on the Site. We reserve the right to update, change or replace any part of these Terms by posting updates to the Site or sending you email notice of any such change. It is your responsibility to check the Site periodically for any changes to the Terms. Your continued access to the Site or use of Services following the posting of any such change constitutes your acceptance of the changes. There may be information on the Site or App that contains typographical errors, inaccuracies or omissions that may relate to Services, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site or App at any time, without prior notice. 

4. SERVICES 

We strive to offer you a variety of modern and holistic treatments to help boost immunity and support physical and mental recovery. A list of Services will be posted at each Pause Studio location. Services may vary by individual location. Services may include floatation therapy, infrared sauna, compression, contrast therapy, LED light therapy, cryotherapy and vitamin (IV) therapy. We reserve the right to change or discontinue Services at any time or adjust the price for Services. Services, once used, are non-refundable. Services may be sold a-la-carte, as a prepaid package, or through a membership plan. Certain Services may be subject to additional terms and conditions. Unless otherwise permitted, Services can only be redeemed at the Pause Studio location where they are purchased. 

5. MINORS

We do not offer or provide Services to anyone under the age of 16.  Individuals under the age of 16 will not be permitted in the Pause Studio location without the direct supervision of a parent or legal guardian. If you are an individual aged 16 or 17, then you may be eligible to receive Services provided your parent or legal guardian co-signs your Agreement (and consents to these Terms), takes primarily responsibility for all billing matters related to your account, and remains physically present in the Pause Studio location at all times while you are receiving Services. You must be 18 years or older to be eligible for the vitamin (IV) therapy. 

6. MEMBERS & GUESTS

We make Services available to both Members and Guests. We consider you a “Member” if you purchase Services through a membership plan. We consider you a “Guest” if you purchase Services outside of a membership plan, which could include being a walk-in or purchasing Services on an a-la-carte or prepaid package basis. Whether you are a Member or Guest, these Terms will apply to your receipt of Services. Members, however, will be subject to the additional terms and conditions for Memberships described below.  

7. APPOINTMENT BOOKINGS 

Although we accept walk-ins for Services on a first-come-first-serve basis, you are strongly encouraged to book an appointment for Services. It is your responsibility to book appointments for Services through the channels provided, which include in-person (at the Pause Studio location), by phone, through the App or through the Site. Once you have booked your appointment for Services, you will be considered “locked in” to the appointment. If you must cancel or reschedule your booked appointment, you must do so as soon as possible. If you cancel your booked appointment within six (6) hours of the scheduled start time, you will incur a “late cancel” fee of $30. As a courtesy to other Members and Guests, we will not extend the time for any Service session where you show up late, after the scheduled start-time for your booked appointment. If you fail to show for your booked appointment, you will incur a “no-show” fee equal to the full retail value for a single Service session. You agree that the late cancel and no-show fees are reasonable, and you authorize us to charge you, where applicable, to the payment method on file. If you have a membership or purchased Services under a prepaid package and you are subject to paying a late cancel or no-show fee, you will not lose a credit in addition to paying the late cancel or no-show fee. As a courtesy to other Members and Guests, we will begin and end all booked appointments at their normally scheduled times. We will not extend the time if you show up late for a booked appointment. To maximize your benefits, we recommend that you arrive early to get checked in and prepare for receiving Services. If you book a prescription wellness appointment and receive approval after being screened by the nurse practitioner but decline the purchase of the product, you will incur the late cancel fee of $30.  

8. STUDIO RULES

Each Pause Studio location may post separate “Studio Rules.” These Studio Rules will apply in addition to these Terms and will also be considered part of your Agreement. Studio Rules are subject to change, in our sole discretion. Services offered, hours of operation, rules for proper attire, and other rules related to your receipt of Services or access to the Pause Studio location are subject to change and will be set by the Pause Studio.

9. GIFT CARDS

Purchasing a gift card is not the same thing as purchasing a membership or a prepaid package for Services. Gift cards are subject to their own terms and conditions, as may be posted on the gift card itself.  Your use of Services purchased through a gift card will still be subject to these Terms.  

10. NO PETS

Unless you have a registered service animal, no pets will be permitted inside of any Pause Studio location.  We have this policy to maintain a hygienic and stress-free environment within which to receive Services.

11. LOSS OF PROPERTY

We are not responsible for the disappearance, loss, theft or damage to personal property you bring to a Pause Studio location or the surrounding premises (which includes the parking lot). You are encouraged to leave any valuables at home.

12. RETAIL

All retail food and beverage products are final sale and not subject to a refund or exchange. Merchandise may be returned or exchanged within seven (7) days of purchase as long as the item is unworn, unused, not damaged and presented in its original condition. All returns for merchandise must be completed at the Pause studio where there item was purchased.  

13. PREPAID SERVICES

Members and Guests can purchase Services in prepaid packs. Packs are sold with a pre-determined number of credits redeemable for Services. Unless otherwise noted, one credit may be redeemed for a single session of Services. You will be considered to own all credits in the pack as of the date of purchase. Packs for Services are unique to you and cannot be transferred to someone else without our express permission. Prepaid packs, once purchased, are non-refundable. Packs for Services can only be redeemed at the Pause Studio location where they are purchased. Packs for Services will automatically expire 12 months from their date of purchase. Pack credits not redeemed within this 12-month period will be considered forfeited and waived; no refund will be issued for unused credits.

14. MEMBERSHIPS

Any membership plan for Services will be subject to the following terms and conditions:

  • By signing up for a membership plan, you acknowledge that your membership will continue to automatically renew each month until you properly cancel or we terminate your Agreement.  

  • You will be charged membership dues on a recurring basis. This means we will continue to bill you in the same amount each month and that in exchange for each successful payment, we will allocate to your account the same number of credits each month which you can redeem for Services. The amount of your monthly membership dues, and the number of allocated credits, will be listed in your membership plan.

  • You are encouraged to use credits for Services as they are issued. Unused credits will carry over to the next month’s billing cycle for a maximum of 30 days before they expire. 

  • We make cancelling memberships very easy. You have a right to cancel your membership at any time provided you give us a 30-day advance written notice. You have the ability to cancel your membership through a variety of channels, including in-person, by mail, or online (through the Site).

  • Once you have provided your notice of cancellation, you will continue to have the right to redeem any unused credits associated with your account through the end of your final billing cycle (generally within 30 days from the date you submitted cancellation notice).  

  • Any credits that remain unused at the expiration of your final billing cycle will be considered forfeited and lost. We do not issue refunds for unused credits.   

  • A membership freeze may be granted in our sole discretion. To be eligible for a membership freeze, your account must be active and in good standing. If we permit a membership freeze, then billing on your account will be temporarily stopped until such time as the membership freeze is lifted, at which time billing in your account will resume as normal. We reserve the right to lift a membership freeze at any time.   

  • All membership plans will be subject to a three-day right of rescission. This means that if, for any reason during the three-day period after you have purchased your membership, you decide you do not want the membership and would rather cancel for a refund, you can provide us with notice and we will cancel your membership without penalty. Please note that any refund issued will be less the value of any Services actually received during the three-day rescission period. 

  • Your membership is unique to you and cannot be transferred to someone else without our permission. 

  • Unless otherwise noted, credits associated with a membership plan can only be redeemed at the Pause Studio location where the membership was sold. 

  •  We reserve the right to increase the price for memberships annually. We will use reasonable efforts to provide you written notice of a membership price increase at least 30 days prior to any price increase taking effect. 

  • We may occasionally need to close various pieces of equipment for repair or maintenance. While equipment is closed for repair or maintenance, you will not be entitled to a credit or refund during this time.

  • CONSENT TO AUTOMATIC RENEWAL. IF YOU ARE A MEMBER, THEN YOU ACKNOWLEDGE, CONSENT AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU PROPERLY CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT.  AUTOMATIC RENEWAL MEANS WE WILL CONTINUE TO CHARGE YOU FOR THE MEMBERSHIP UNTIL YOU CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT. IN ORDER TO PROPERLY CANCEL YOUR MEMBERSHIP, YOU MUST PROVIDE US WITH A 30-DAY WRITTEN NOTICE.

  • Any membership plan for Prescription Wellness will be subject to the following terms and conditions:

  • By signing up for a membership plan, you acknowledge that your membership will continue to automatically renew each month until you properly cancel, we terminate your Agreement, or you reach the maximum renewal term of 6 months.  

  • You will be charged membership dues on a recurring basis. This means we will continue to bill you in the same amount each month and that in exchange for each successful payment, your order will ship directly to you from the pharmacy. 

  • We require 30-day’s notice for any change in shipping address. 

  • We make cancelling memberships very easy. You have a right to cancel your membership at any time provided you give us a 30-day advance written notice. You have the ability to cancel your membership through a variety of channels, including in-person, by mail, or online (through the Site).

  • Once your payment has processed, we are unable to issue a refund for your order.  

  • All membership plans will be subject to a three-day right of rescission. This means that if, for any reason during the three-day period after you have purchased your membership, you decide you do not want the membership and would rather cancel for a refund, you can provide us with notice and we will cancel your membership without penalty. Please note that if the pharmacy has already filled your prescription, we are unable to issue a refund.  

  • Your membership is unique to you and cannot be transferred to someone else without our permission. 

  •  We reserve the right to increase the price for memberships annually. We will use reasonable efforts to provide you written notice of a membership price increase at least 30 days prior to any price increase taking effect. 

  • CONSENT TO AUTOMATIC RENEWAL. IF YOU ARE A MEMBER, THEN YOU ACKNOWLEDGE, CONSENT AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU PROPERLY CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT.  AUTOMATIC RENEWAL MEANS WE WILL CONTINUE TO CHARGE YOU FOR THE MEMBERSHIP UNTIL YOU CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT. IN ORDER TO PROPERLY CANCEL YOUR MEMBERSHIP, YOU MUST PROVIDE US WITH A 30-DAY WRITTEN NOTICE.

   

15. REFERRAL PROGRAM

15a. Program Eligibility
The Pause Studio referral program is open to all current customers of corporate and franchise locations. Referrals must be new customers who have not previously visited or used any services at Pause Studio. Referrers must have an active account with Pause Studio.

15b. Referral Process
To participate, referrers can invite friends or family to visit any Pause Studio location by sharing the link or code listed in their Pause Studio account. If the referred customer (the “referee”) completes their first visit and provides the referrer's unique code during account registration, both the referrer and the referee will receive a $20 credit, issued to their respective Pause Studio accounts.

15c. Qualifying Referrals
A qualifying referral is defined as:

  • A person who has never visited any Pause Studio location. A person who has visited one location, is not eligible to receive a referral credit when they visit a new studio.

  • The referee is required to provide the referrer's unique code or link during the account registration process. If the referee did not use the code during account creation, they will not be able to earn their referral credit. 

  • There is no minimum purchase required for the referee’s visit.

  • The referrer is in good standing and has no outstanding payments on their account. If an outstanding payment displays on an account during checkout, staff cannot not apply the referral credit until the outstanding balance is paid in full.

15d. Referral Rewards
The referee’s $20 credit will be automatically applied during check out as long as they meet the criteria outlined in section 3. The referrer will receive a $20 credit once the referee completes their first visit to Pause Studio and their invoice is closed. 

15e. Reward Limits
All credits earned by the referrer must be redeemed within 90 days from the date they are issued. Credits cannot be used towards membership fees, gift cards, or stacked with any other promotion or discount. 

15f. Changes to the Program
Pause Studio reserves the right to modify, suspend, or terminate the referral program at any time. Any changes to the program will be posted on the Pause Studio website and app. Continued participation in the program constitutes acceptance of the modified terms.

15g. Conditions
Pause Studio reserves the right to disqualify any participant from the referral program if fraudulent activity, multiple accounts, or misuse of the referral system is detected. Pause reserves the right to revoke any Reward and otherwise disqualify any Referrer or Referee in the event of any suspected fraud or violation of the terms and conditions. Referrers may not commercialize the referral process or the Referral Link, or use any Pause logos, trademarks, or other Pause intellectual property to commercialize or market referrals or the Referral Link, including for SEO or public advertising purposes. By taking any of the steps set out at “Referral Process” above, or otherwise participating in the Refer-a-Friend Program, you confirm that you have obtained the clear and affirmative consent of your Friend(s), the referee, to receive marketing materials and other messages containing the Pause Referral Link from you by SMS text, WhatsApp, email, social media, and all other methods.

15h. Contact Information
For any questions or concerns regarding the referral program, please contact us at:
info@pausestudio.com

16. YOUR ACCOUNT

You will be responsible for all activity under your account in the App. Please keep your log-in credentials and passwords secure, and do not share them with a third party. It will be your responsibility to keep the billing profile associated with your account accurate and up-to-date. You must keep a valid method of payment on file at all times. Currently, accepted methods of payment include debit or credit cards (including VISA, MasterCard and American Express). Unless otherwise noted, all prices for Services will be listed in U.S. dollars.  We only accept payment for Services in U.S. dollars. Please note that to book an appointment for Services, you will need to provide us with a valid credit card. 

17. PAYMENT AUTHORIZATION

By receiving Services, you expressly authorize the Pause Studio listed in your Agreement (which, for purposes of this payment authorization, shall also include the Pause Studio’s authorized third-party payment service providers) to seek payment of all fees, charges or other amounts due under the Agreement on or after each payment due date by charging the payment method on file. You acknowledge that a charge may not immediately post to your card. If you have provided us with multiple payment cards, and in the event that payment from one card fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards which you have provided. If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, we may exercise any and all rights available to us, whether under these Terms or under applicable law, which may include, but are not limited to, suspending your membership, denying Services, terminating your Agreement and/or assessing a late fee. You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees. You may revoke this payment authorization in person, by calling us, by sending us an email, or by mailing a letter with enough notice to give us a reasonable opportunity (typically three business days) to act on your request.  If you revoke this payment authorization, you will still be responsible for paying any amounts which you may owe under the Agreement. If you default on any payment obligation, we shall have the right to declare the entire remaining balance due and payable immediately, and shall have a right to seek, in addition to the amounts you owe under the Agreement, our reasonable attorneys’ fees and costs associated with any collection on your account. 

18. RIGHT TO DENY SERVICES

We reserve the right to deny Services, terminate a membership, or restrict (or completely bar) access to any Pause Studio location for any reason not expressly prohibited by law.  

19. THIRD PARTY WEBSITES AND CONTENT


The Site and App may contain (or you may be sent via the Site or App) links to other websites or mobile applications (collectively, “Third Party Websites”) as well as photographs, articles, text, graphics, designs, music, video, information, applications, software, and other content or items belonging to or originating from such third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or App, or any Third Party Content posted on, available through, or installed from the Site or App. Links on our Site or App to such Third  Party Websites or Third Party Content does not imply any endorsement, ownership, control, authorization or sponsorship by us or Pause Franchisor Entities of such Third Party Websites and Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or mobile application to which you navigate from the Site or App. Any purchase you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever with respect to such purchases which are exclusively between you and the applicable third party. By using our Site or App, you expressly release us and Pause Franchisor Entities from any and all liability arising from Third Party Websites and Third-Party Content. 

19. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE INDEPENDENTLY OWNED AND OPERATED PAUSE STUDIO AND PAUSE FRANCHISOR ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE INDEPENDENTLY OWNED AND OPERATED PAUSE STUDIO AND PAUSE FRANCHISOR ENTITIES DO NOT WARRANT THAT THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM) WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE INDEPENDENTLY OWNED AND OPERATED PAUSE STUDIO OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND, THEREFORE, IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE. 

20. LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS, OR THE PAUSE FRANCHISOR ENTITIES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FOR YOUR USE OF THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE, THE APP, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

21. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, and the Pause Franchisor Entities, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Site or App; (b) your breach of the Agreement, including, without limitation, these Terms; (c) your violation of the rights of a third party, including, without limitation, intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) any overt harmful act toward any other Member or Guest, or user of the Site or App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

22. DISPUTES

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact your Pause Studio directly with any dispute, either in-person or at the Pause Studio’s email address. If we cannot resolve your concerns, the parties agree to an informal dispute resolution process requiring individual arbitration.

23. BINDING INDIVIDUAL ARBITRATION

You agree that any claim, controversy or dispute (“Claim”) related to the Agreement or the Services, including claims regarding the applicability of this arbitration clause, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”). We will select another arbitration forum if the AAA ceases operation.

In the absence of this arbitration clause, you may otherwise have had a right or opportunity to litigate any Claim through a court before a judge or jury and to participate or be represented in litigation filed in court by others (including class actions). You are waiving those rights and any Claim you have must now be resolved through arbitration. You may choose to pursue your Claim in court and not in arbitration if you opt-out of this arbitration provision within 30 days from the date you entered into your Agreement (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by sending a written notice describing your decision to opt-out to the email address of your Pause Studio location. Any opt-out received after the Opt-Out Deadline will now be valid and you shall be required to pursue your Claim through binding arbitration. 

With the exception of Excluded Claims (defined below), all Claims will be subject to arbitration, no matter what theory they are based on. This includes Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law.

Claims and remedies sought as part of a class action, private attorney general, or other representative action are subject to arbitration on an individual basis (non-class, non-representative) basis only, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.

The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you, on the one hand, and us (and/or the Pause Franchisor or Pause Franchisor Entities), on the other. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The prohibition against class action contained in this Section 23 shall be non-severable from the remainder of this Section 23.

If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys’ fees incurred by the prevailing party in connection with such arbitration. 

Any decision rendered in such arbitration proceeding will be final and binding on all parties, and judgment may be entered in a court of competent jurisdiction.

Rules and forms of the AAA may be obtained and Claims may be filed at any AAA office, www.adr.org, or 725 South Figueroa, Ste. 400, Los Angeles, CA 90017, telephone 1-800-778-7879. If the arbitration involves Pause Franchisor, then the arbitration hearing will take place in Los Angeles County, Los Angeles, California.

This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C., Sections 1-16. This arbitration agreement applies to all Claims now in existence or that may arise in the future. 

Notwithstanding the foregoing, the following types of Claims shall not be subject to these arbitration provisions (collectively, “Excluded Claims”): (a) any Claim seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Claim related to or arising from non-payment of our fees or other amounts due to us; or (c) any claim for injunctive relief. 

24. ELECTRONIC COMMUNICATIONS & SIGNATURES

By receiving Services, you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site or App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site or App. You hereby waive any right or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

25. GOVERNING LAW & VENUE

The Agreement shall be interpreted under the laws of the state in which you execute it.  Any Claim related to Services or the Agreement shall be resolved by an arbitration tribunal or by a court of competent jurisdiction in the state where the Pause Studio is located and you agree to submit to this jurisdiction.

26. GENERAL PROVISIONS

The Agreement, including these Terms and any applicable Studio Rules, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not operate as a waiver of such right or provision. The Agreement (including, without limitation, these Terms) shall operate the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your permission. We shall not be responsible for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Agreement (including, without limitation, these Terms) is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity or enforceability of any remaining provisions. Where context requires, the singular shall include the plural, the masculine gender shall include the feminine and neuter gender, and “and” shall also include “or.” There is no joint venture, partnership, employment or agency relationship created between you and us as the result of your use of the Site, the App or any of the Services. You agree that the Agreement (including, without limitation, these Terms, will not be construed against us by virtue of having drafted it.