FDD Items 3 & 4 · 2025 filing
The Now Massage litigation history
What The Now Massage disclosed about lawsuits, arbitrations and bankruptcy in the 2025 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.
Items 3 (litigation) & 4 (bankruptcy) at a glance
What the filing discloses
- Cases disclosed
- 1
- Item 3, as counted in the filing
- Largest settlement, franchisor's own cases
- None stated
- Bankruptcy (Item 4)
- None
- Franchisor, parent, predecessor or officer
- Filing year
- 2025
- Disclosures cover the prior ten years
Extracted from the 2025 Franchise Disclosure Document
Item 3: litigation
John R. Ehrman v. Jason Post, et al. (Case No. 19STCV44336, LA Superior Court, filed Dec 10, 2019) - breach of oral partnership, breach of contract, misrepresentation, breach of fiduciary duty against Post-affiliated entities unrelated to The Now franchise operations; arbitrated with JAMS, confidential settlement executed April 9, 2025, dismissed with prejudice.
Item 3 (litigation) · 1 matter disclosed
Litigation cases
Officers and directors (individuals, not the company)
Concluded (1)
John R. Ehrman v. Jason Post, et. al.
settledJason Post (our CEO), Post Investment Group, LLC and Post Real Estate Group, Inc. · filed 2019-12-10 · Superior Court of the State of California for the County of Los Angeles (arbitrated with JAMS) · 19STCV44336
“… Case No. 19STCV44336, Superior Court of the State of California for the County of Los Angeles (filed December 10, 2019).”Page 11 of the 2025 FDD, Item 3
Outcome: “executed a confidential settlement agreement resolving all issues. The arbitrator dismissed the matter with prejudice on April 21, 2025.”
Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.
Before you weigh a lawsuit
How to read Item 3
A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.
Questions worth asking current and former franchisees, using the contact list in Item 20:
- Were you, or anyone you know in the system, party to a dispute with the franchisor?
- Was it resolved by settlement, arbitration or a court, and on what terms?
- Has the number of disputes gone up or down since you signed?