Mandatory Dispute Resolution & Arbitration Agreement

Effective Date: April 4, 2026

1. Agreement to Arbitrate

You and Here Massage ("Company," "we," "us") mutually agree that any dispute, claim, or controversy arising out of or relating to these terms, our services, or any aspect of our relationship (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth below.

This agreement applies to all Disputes regardless of whether they are based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. It includes Disputes that arose before this Agreement and those that may arise after termination of your use of our services.

2. Pre-Arbitration Dispute Resolution

Before initiating arbitration, you agree to first attempt to resolve the Dispute informally by contacting us:

• Email: support@here-massage.com
• Subject Line: "Dispute Resolution Request"

Please include a detailed description of the Dispute, the relief you are seeking, and your contact information. We will attempt to resolve the Dispute within 30 days of receiving your notice. If the Dispute is not resolved within 30 days, either party may proceed to arbitration.

3. Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org or by calling 1-800-778-7879.

3.1 Location

Arbitration shall take place in Cook County, Illinois, unless you and we mutually agree to a different location. For claims of $25,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based solely on written submissions.

3.2 Arbitrator Selection

The arbitration will be conducted by a single, neutral arbitrator selected in accordance with AAA rules. The arbitrator shall be an attorney or retired judge with experience in consumer disputes.

3.3 Arbitrator Authority

The arbitrator shall have exclusive authority to resolve all Disputes, including whether the Dispute is subject to arbitration. The arbitrator may grant any relief that would be available in court, including injunctive and declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

4. Fees and Costs

For Disputes involving claims of $10,000 or less, Here Massage will pay all AAA filing, administrative, and arbitrator fees. For claims above $10,000, fees will be split in accordance with AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then fees will be governed by the AAA Rules and each party will pay their respective share.

5. Class Action Waiver

You and Here Massage agree that each party may bring Disputes against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and the Dispute shall be decided by a court.

6. Exceptions to Arbitration

Notwithstanding the foregoing, the following Disputes are excluded from this arbitration agreement:

• Small Claims Court: Either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limit
• Injunctive Relief: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights
• Government Actions: Nothing in this Agreement prevents either party from bringing issues to the attention of federal, state, or local agencies that may be able to seek relief on your behalf

7. Governing Law

This Arbitration Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law provisions. The Federal Arbitration Act (9 U.S.C. sections 1-16) shall govern the interpretation and enforcement of this arbitration agreement.

8. Opt-Out Right

You may opt out of this Arbitration Agreement within 30 days of first accepting these terms by sending written notice to:

• Email: support@here-massage.com
• Subject Line: "Arbitration Opt-Out"

Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of this Arbitration Agreement. If you opt out, all other terms and conditions will continue to apply.

9. Survival

This Arbitration Agreement shall survive the termination of your relationship with Here Massage, including any cancellation of your account or membership.

10. Severability

If any provision of this Arbitration Agreement is found to be unenforceable, that provision shall be severed and the remainder of this Agreement shall remain in full force and effect, except as provided in Section 5 regarding the class action waiver.

11. Changes to This Agreement

We may update this Arbitration Agreement from time to time. Material changes will be posted on this page with an updated effective date. Your continued use of our services after any changes constitutes your acceptance of the updated agreement. Disputes arising before a change will be governed by the version of the agreement in effect at the time the Dispute arose.

By using Here Massage services, you acknowledge that you have read and understood this Arbitration Agreement and agree to resolve disputes as described herein.