Yes. I would replace what you have rather than just add to it. The biggest problem is this sentence:
“By submitting your information, you agree to receive communication via SMS and email.”
That conflicts with the optional SMS checkboxes we just built. Submitting the form itself cannot be treated as SMS consent.
Also, since your Terms cover both your actual paid services and A2P messaging, I’d make them more complete while keeping your 3-month commitment and no-refund terms.
Use this:
Terms & Conditions
Last Updated: September 25, 2026
These Terms & Conditions govern your use of the website and services provided by Active Now LLC DBA Active Now Marketing (“Active Now Marketing,” “we,” “us,” or “our”). By using our website or purchasing our services, you agree to these Terms & Conditions.
Services
Active Now Marketing provides marketing, lead generation, customer management systems, automation, sales and follow-up systems, training, and related business services primarily for dance studios and other businesses.
The specific services provided may vary depending on the client's selected plan, agreement, or subscription.
Subscription and Commitment
Unless otherwise stated in a separate written agreement, Active Now Marketing services are provided on a subscription basis and require a minimum three-month commitment.
Subscriptions automatically renew after the initial commitment period unless canceled prior to the next billing cycle.
Cancellation prevents future renewals but does not result in a refund of payments already processed.
Payments and Refunds
All payments are non-refundable once processed unless otherwise required by law.
No refunds or credits will be issued for unused services, unused advertising, partial billing periods, failure to use provided systems or services, or a client's decision to discontinue services during a commitment period.
Any advertising budget or other third-party costs are separate from Active Now Marketing service fees unless specifically stated otherwise.
Client Responsibilities
Clients are responsible for providing accurate and complete information and timely access to any accounts, platforms, advertising accounts, websites, calendars, customer information, or other resources reasonably necessary for Active Now Marketing to provide its services.
Clients are also responsible for responding to leads, attending scheduled meetings, following recommended sales and follow-up practices, and properly using the systems provided.
Delays or failure to provide necessary access or follow recommended processes may affect performance and results.
Results
Active Now Marketing does not guarantee any specific number of leads, appointments, students, customers, sales, revenue, or other business results.
Marketing and business results vary based on numerous factors, including market conditions, location, advertising budget, pricing, competition, client responsiveness, sales performance, and implementation of recommended systems and practices.
Examples, testimonials, case studies, or past client results are provided for informational purposes and do not guarantee that another client will achieve the same results.
Third-Party Platforms
Our services may rely on third-party platforms and providers, including advertising platforms, communications providers, payment processors, customer management systems, and other technology services.
Active Now Marketing is not responsible for outages, policy changes, account restrictions, suspensions, service interruptions, or other actions taken by third-party providers that are outside our reasonable control.
Limitation of Liability
To the fullest extent permitted by law, Active Now LLC DBA Active Now Marketing will not be responsible for indirect, incidental, special, consequential, or lost-profit damages arising from the use of our website or services.
Active Now Marketing is not responsible for lost revenue, missed leads, lost opportunities, or other business outcomes resulting from client actions or inaction, third-party platforms, market conditions, or circumstances outside our reasonable control.
SMS/Text Messaging Terms
Active Now Marketing offers optional SMS communications to individuals who provide their mobile phone number and separately consent to receive text messages.
Depending on the consent provided, messages may include communications regarding studio applications, scheduling, appointments, customer service, service-related information, special offers, promotions, discounts, and service updates.
Message frequency may vary. Message and data rates may apply.
You may opt out of SMS communications at any time by replying STOP.
For assistance, reply HELP or contact Active Now Marketing at 918-206-3503 or [email protected].
Consent to receive SMS marketing messages is not a condition of purchasing any goods or services.
Your SMS consent applies only to the categories of messages for which you have provided consent.
Carriers are not liable for delayed or undelivered messages.
For information about how we collect, use, and protect personal information and SMS opt-in information, please review our Privacy Policy.
Email Communications
If you provide your email address, we may use it to respond to your inquiry, communicate about your application, appointments or services, and send other communications permitted by applicable law.
Where applicable, marketing emails will include a method to unsubscribe.
Intellectual Property
Content provided by Active Now Marketing, including training materials, systems, processes, templates, written materials, designs, and other proprietary resources, remains the property of Active Now LLC unless otherwise agreed in writing.
Clients may use materials provided to them for their own business purposes but may not resell, distribute, reproduce, or provide those materials to third parties without written permission.
Changes to These Terms
We may update these Terms & Conditions from time to time. Updates will be posted on this page with a revised “Last Updated” date.
Continued use of our website or services after changes become effective constitutes acceptance of the updated Terms.
Contact Us
Questions about these Terms & Conditions can be directed to:
Active Now LLC DBA Active Now Marketing
2616 East 11th Street
Tulsa, OK 74104
Phone: 918-206-3503
Email: [email protected]