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SUBSCRIPTION PLAN CONTRACT

This Contract for Services is made effective as of (today’s date) by and between (collectively known as, the Client) of (client address) and NWÄR STUDIOS, INC. of Chicago, IL.

DESCRIPTION OF SERVICES. Beginning on the first day of each month, NWÄR STUDIOS, INC. will provide to the Client the following services (collectively, the Services).

Subscription Plan(s):

Sign-Up Location:

RAVENSWOOD: 5204 N. Damen Ave Chicago, IL 60625 (the studio is nearing capacity and will no longer accept subscriptions)

PAYMENT. Payment will be made to NWÄR STUDIOS, INC. of Chicago, IL. The Client agrees to pay in installment payments of per month until canceled by either party.

The Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, NWÄR STUDIOS, INC. has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract or seek legal remedies.

TERM. This Contract requires a minimum of three (3) months commitment prior to pausing or canceling the plan. After the minimum commitment requirement has been met, this Contract may be terminated by either party upon three (3) days prior written notice to the other party. An email by one party will suffice. To cancel or pause your plan, please email hello@nwarstudiosinc.com. Clients who cancel their subscription plans will not be eligible to rejoin any of the studio's subscriptions until one (1) calendar year has passed from the date of cancellation. This Contract and any debit/credit charges therein will begin on the date of submission.

CONFIDENTIALITY. NWÄR STUDIOS, INC., and its employees, agents, or representatives, will not at any time or any manner, either directly or indirectly, for the use of personal benefit of NWÄR STUDIOS, INC., or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. NWÄR STUDIOS, INC. its employees, agents, or representatives, will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by the Client of these confidentiality obligations which allows NWÄR STUDIOS, INC. to disclose the Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

WARRANTY. NWÄR STUDIOS, INC. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in NWÄR STUDIOS, INC.’s community and region, and will provide standard care equal to, or superior to, care used by service providers similar to NWÄR STUDIOS, INC. on similar projects.

DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract.

Failures to make a required payment when due.
The insolvency or bankruptcy of either party.
The subject of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time or manner provided for in this Contract.

FEES.

A late fee of $15 will be charged to any subscription account that is delinquent after the 5th of each month. After the 10th of the month, if your plan is still unpaid it will be canceled due to non-payment and any booked services will NOT be covered under the plan.

To restart the plan a $35 inconvenience fee will be required in addition to the cost of the plan. Changing your plan payment date is not available.

If you need to update your debit/credit card on file, please send an email request to hello@nwarstudiosinc.com.

Plans can only be paused for one (1) month by written request via email. After that, the plan will auto-restart until canceled by email request to hello@nwarstudiosinc.com.

SUBSCRIPTION CREDITS. Unused subscription credits DO NOT roll over to the next month. Unused credits expire at the end of the month and are no longer valid for use. Subscription credits are non-refundable, non-transferable, and cannot be redeemed for cash.

REMEDIES. In addition to any and all other rights, a party may have available according to the law is a party default by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitations, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of the party if committed, committed, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issue will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether written or oral concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Contract will be held invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract invalid or unenforceable, but by that limiting such provision it would become valid and enforceable, then such provision will be deemed written, construed, and enforced as so limited.

AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties if the writing is signed by the party obligated under the amendment.

GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Illinois.

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or certified by mail, return receipt requested, to the address set forth in the opening paragraph, or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in trial court and on appeal.

CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. The Client and NWÄR STUDIOS, INC., effective as of the date first above written.

CREDIT CARD AUTHORIZATION FORM

Please complete all fields. You may cancel this authorization by contacting us at hello@nwarstudiosinc.com within three (3) days of the billing date. This authorization will remain in effect until canceled.

Cardholder Name:

Billing Address:

Email:

Phone:

Credit Card Information:

For security purposes, a valid government ID is required to verify the identity of the cardholder. Acceptable forms of ID are passports, driver's licenses, and other state-issued photo identifications. PDFs, jpg, jpegs, and png files permitted.

Upload Cardholder Identification

Cardholder Authorization:

By checking this box, I have read, understand and agree to the terms and conditions of this contract.

By checking this box, I confirm that the identification uploaded is valid and matches the identity of the cardholder.

By checking this box, I authorize NWÄR STUDIOS, INC. to charge my credit card above for agreed upon purchases/services. I understand that my information will be saved to file for future transactions on my account.

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Your legal name

Your email address

Please Confirm full name and signature.

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Signed by Chandra Davis
Signed On: March 15, 2023

Timestamp

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June 5, 2020 8:11 pm CDT

SUBSCRIPTION PLAN CONTRACT Uploaded by Chandra Davis - hello@nwarstudiosinc.com IP 104.182.135.220