Terms and Conditions
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND STUDIO FUSION. PLEASE READ IT CAREFULLY BEFORE USING THE FUSION WEBSITE OR SERVICES.
Last Updated: November 11, 2024
These Terms and Conditions (“Terms and Conditions”), including the Agreement attached as Schedule “A” to these Terms and Conditions (the “Agreement”), govern your relationship with Hidden Trail Consulting Inc. (“Studio Fusion”, “our”, “us”, “we”), including but not limited to your use of the Studio Fusion website located at www.studiofusion.ca (the “Site”), your booking and purchase of Studio Fusion membership or classes, your right to cancel any purchases of Studio Fusion membership or classes, your purchase of merchandise, your communication with Studio Fusion, your use of and attendance at Studio Fusion (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).
If you choose to purchase Studio Fusion membership or classes online, this Agreement sets out the rights you are entitled to under consumer protection laws to cancel that purchase.
By visiting and/or using the Site and/or utilizing any of our Services, you signify your agreement to be bound by the Terms and Conditions and you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. If you do not agree to the Terms and Conditions or our Privacy Policy, please do not use the Site or our Services.
When you visit or use our Site, or communicate with Studio Fusion via email, you are communicating electronically. You will receive communications from Studio Fusion electronically in accordance with the consent that you provide to us. Studio Fusion will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that Studio Fusion provides electronically satisfy any legal requirement that such communications be in writing.
We may modify, revise or update the Terms and Conditions at any time by updating this posting. Each time you use the Site, the version of the Terms and Conditions then posted will apply to that use, so you should check this page each time you use the Site.
WEBSITE TERMS OF USE
Ownership
The contents of this Site are owned by Studio Fusion or are made available to you by Studio Fusion under license from a third party. While we are allowing you access to the Site, you acknowledge that your use of the Site is governed by applicable copyright, trademark or other intellectual property laws. You have the right to view, electronically copy, and print portions of the Site for the sole purpose of booking classes, making purchases, or other personal use.
Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without prior written permission of Studio Fusion, is strictly prohibited. You agree that the contents of this Site may not be copied or scraped for commercial use or distribution, or modified or posted to other websites without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including patent, copyright or trademark. Your unauthorized use of the Site or its contents may violate applicable laws and we reserve all rights to pursue any remedy available to us.
Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including:
(a) Accessing data not intended for you or logging into a server or account which you are not authorized to access
(b) Attempting to probe, scan or test system vulnerabilities or breach security measures without proper authorization
(c) Attempting to interfere with service to any user, host or network including submitting viruses, cancelbots, Trojan horses, worms or other harmful components, overloading, flooding, spamming, mail bombing or crashing
Violations may result in civil or criminal liability. You are also prohibited from posting or transmitting unlawful, threatening, defamatory, obscene, pornographic or otherwise illegal material. We will investigate violations and may cooperate with law enforcement authorities.
Non Solicitation Policy
The sender of any communications to this Site or otherwise to us is responsible for the content and information contained in such communications, including its truthfulness and accuracy.
We do not seek unsolicited ideas or materials for products or services (“Unsolicited Ideas and Materials”). We may freely use or copy any Unsolicited Ideas and Materials you submit for any purpose, including disclosure to third parties and developing or marketing goods or services.
Personal information included in electronic communications is governed by our Privacy Policy.
Links to Other Websites
Our Site may contain links to third party websites. These websites are governed by their own policies. You access third party websites at your own risk. We do not endorse or make representations regarding third party websites or their content.
No Warranties / Limitation of Liability
The Site is provided on an “as is” and “as available” basis and you use it at your own risk. We make no representations or warranties, express or implied, regarding the Site or its contents including operation, availability, accuracy, completeness, merchantability, fitness for purpose or non infringement.
In accessing this Site, you assume all risk associated with viruses or harmful components. In no event will we be liable for any loss, damages or injury arising directly or indirectly from the use or unavailability of this Site.
PURCHASING MEMBERSHIPS, CLASSES AND GIFT CARDS
Registering a User Account
To purchase memberships or classes, you must create a user account (“Account”). You are responsible for maintaining the confidentiality of your login credentials and all activity under your Account. You agree to provide accurate and complete information.
If you request deletion of your Account, it will be permanently deleted and not recoverable.
Use by Minors
If you are under the age of majority in your province, you may not register online. Registration of a minor must be completed in person with a parent or guardian. Individuals aged sixteen or older may sign up for classes online if a parent or guardian has signed a waiver.
Purchasing
You may purchase memberships or classes in person, by telephone or online. Memberships and classes expire according to the terms listed on the Site. Prices may change, but purchased rates will be honored for the duration of the contract term.
Gift cards may be purchased in person or by telephone. Gift cards do not expire. Memberships or classes purchased using a gift card are subject to standard expiration rules.
GENERAL TERMS
Indemnity
You agree to indemnify and hold Studio Fusion harmless from claims arising out of your use of the Site or breach of these Terms.
Governing Law
These Terms are governed by the laws of Ontario and Canada. Any legal action must be brought in Hamilton, Ontario.
If any provision is found unenforceable, the remaining provisions remain in effect.
CANCELLATION POLICY
Studio Fusion has a 12 hour cancellation policy depending on location. Cancellations before this timeframe return the credit. Late cancellations result in loss of credit. Unlimited packages incur late fees. Three unpaid late cancellations may result in membership freeze.
NO SHOW POLICY
Failure to cancel and attend results in loss of credit. Unlimited packages incur a no show fee. Three unpaid no shows may result in membership freeze.
WAITLIST POLICIES
Up to 1 hour before class: Automatic enrollment from waitlist.
1 hour to 30 minutes before class: Staff will call to confirm availability.
30 to 5 minutes before class: Walk in waitlist operates on first come basis.
ARRIVING LATE
A 5 minute grace period may apply. Same day rebooking may be offered if entry is not possible.
MOVE LIST
Participants may request preferred positions and will be reassigned if space becomes available shortly before class.
SCHEDULE A
FUSION PARTICIPANT AGREEMENT
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND STUDIO FUSION.
This Agreement governs your purchase of memberships or classes, cancellation rights, attendance at Studios and all related Services.
Electronic communications satisfy legal requirements for written communication.
You must be the age of majority to enter this Agreement or have parental consent if between sixteen and the age of majority.
Membership Terms
Membership terms range from one to twelve months. Recurring memberships require 30 days written notice to cancel. No refunds except as required by law.
Medical freezes of up to six months may be requested with a doctor’s note. Freeze policies may change.
Consumer Protection Cancellation Rights
You may cancel within ten days of receiving the Agreement and services being available. Refunds must be issued within fifteen days of cancellation.
Expiration Terms
Class cards and memberships expire according to posted durations. Unlimited memberships renew monthly based on booking date. Limited memberships expire at end of their term cycle.
Release and Waiver
Participation involves risk. You assume all responsibility for injury except in cases of sole negligence by Studio Fusion. You release Studio Fusion from liability arising from participation.
Appropriate attire including grip socks is required.
Memberships and class packages are non transferable and non refundable except as required by law.
Warranty Disclaimer
Services are provided as is. Liability is limited to $100 CAD to the maximum extent permitted by law.
Contact Information
Studio Fusion Customer Service
info@studiofusion.ca
82 James St. N, Hamilton, Ontario, L8R 2K5