Terms and Conditions
Last Updated: November 11, 2024
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND STUDIO FUSION. PLEASE READ IT CAREFULLY BEFORE USING THE STUDIO FUSION WEBSITE OR SERVICES.
These Terms and Conditions (“Terms”) and the Agreement attached as Schedule A govern your relationship with Hidden Trail Consulting Inc. (“Studio Fusion”, “we”, “our”, or “us”), including your use of the Studio Fusion website, membership purchases, class bookings, merchandise purchases, communications with Studio Fusion, attendance at Studio Fusion studios, and all related services (collectively, the “Services”).
By accessing or using our website and Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please discontinue use of the website and Services.
Website Terms of Use
Ownership
All content on this website is owned by Studio Fusion or licensed to Studio Fusion by third parties. You may view, download, and print content solely for personal use, including booking classes, purchasing memberships, and accessing information about our Services.
Any modification, reproduction, distribution, publication, or commercial use of website content without prior written consent is strictly prohibited.
Security Rules
Users are prohibited from:
Accessing data or accounts without authorization.
Attempting to probe, scan, or test website vulnerabilities.
Interfering with website operations or network services.
Introducing malicious software, viruses, worms, or harmful code.
Engaging in activities intended to disrupt service availability.
Violations may result in civil or criminal liability and may be reported to law enforcement authorities.
Non-Solicitation Policy
Any information or communications submitted to Studio Fusion remain the responsibility of the sender.
Studio Fusion does not solicit unsolicited ideas, concepts, or materials. Any such submissions may be used by Studio Fusion without restriction, compensation, or acknowledgment.
Links to Third-Party Websites
Our website may contain links to external websites. Studio Fusion is not responsible for the content, privacy practices, or policies of third-party websites. Accessing such websites is done at your own risk.
No Warranties and Limitation of Liability
The website and Services are provided on an “as is” and “as available” basis.
Studio Fusion makes no warranties regarding:
Availability or uninterrupted access
Accuracy or completeness of information
Fitness for a particular purpose
Merchantability
Non-infringement
Studio Fusion shall not be liable for any damages arising directly or indirectly from the use of the website or Services.
Purchasing Memberships, Classes, and Gift Cards
Registering an Account
To purchase memberships or classes online, you must create a user account.
You are responsible for:
Maintaining account confidentiality
Protecting login credentials
All activities conducted under your account
You agree to provide accurate and complete registration information.
Use by Minors
Individuals under the age of majority may not register online independently.
Registration for minors must be completed by a parent or legal guardian. Individuals aged sixteen (16) years or older may participate where required parental waivers have been completed.
Purchases
Memberships and classes may be purchased:
Online
By telephone
In person
Memberships and class packages expire according to the terms published at the time of purchase.
Prices are subject to change; however, existing memberships will be honored for the duration of the active contract period.
Gift Cards
Gift cards may be purchased by telephone or in person.
Gift cards do not expire. Memberships and class packages purchased using gift cards remain subject to applicable expiration policies.
General Terms
Electronic Communications
By communicating with Studio Fusion electronically, you consent to receiving notices, disclosures, agreements, and communications electronically.
Electronic communications satisfy any legal requirement that communications be provided in writing.
Indemnification
You agree to indemnify and hold harmless Studio Fusion, its affiliates, employees, directors, and representatives from any claims, losses, damages, or expenses arising from your use of the website or violation of these Terms.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada.
Any legal proceeding arising from these Terms shall be brought exclusively in Hamilton, Ontario.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Cancellation Policy
Studio Fusion maintains a 12-hour cancellation policy, subject to location-specific requirements.
Cancellations made before the applicable cancellation window will result in the return of the class credit.
Late cancellations may result in forfeiture of class credits.
Unlimited memberships may incur late cancellation fees.
Three unpaid late cancellations may result in a membership freeze.
No Show Policy
Failure to cancel a reservation and attend a scheduled class may result in:
Loss of class credits
No-show fees for unlimited memberships
Membership suspension or freeze after repeated unpaid violations
Waitlist Policy
More Than 1 Hour Before Class
Participants may be automatically added to a class if space becomes available.
Between 1 Hour and 30 Minutes Before Class
Studio staff may contact waitlisted participants to confirm availability.
Between 30 Minutes and 5 Minutes Before Class
Available spaces will be allocated on a first-come, first-served basis.
Arriving Late
A grace period of up to five (5) minutes may be permitted at the discretion of Studio Fusion.
If entry is not possible, same-day rebooking may be offered where available.
Move List Policy
Participants may request preferred positions within the studio.
Assignments may be adjusted if preferred locations become available before class begins.
Schedule A – Fusion Participant Agreement
Overview
This Agreement governs the purchase and use of memberships, class packages, attendance at Studio Fusion facilities, and related Services.
Membership Terms
Membership terms may range from one to twelve months.
Recurring memberships require thirty (30) days written notice for cancellation.
Membership fees are non-refundable except where required by law.
Medical Freeze Policy
Members may request a medical freeze for up to six months by providing a valid physician’s note.
Studio Fusion reserves the right to modify freeze policies at any time.
Consumer Protection Cancellation Rights
You may cancel your membership agreement within ten (10) days of receiving the Agreement and being provided access to the Services.
Applicable refunds must be processed within fifteen (15) days of cancellation.
Expiration Terms
Memberships and class packages expire according to the terms communicated at purchase.
Unlimited memberships renew monthly. Limited memberships expire at the conclusion of their stated term.
Release and Waiver
Participation in fitness activities involves inherent risks.
By participating, you acknowledge and accept these risks and release Studio Fusion from liability, except where prohibited by law or arising solely from Studio Fusion’s negligence.
Appropriate attire, including grip socks where required, must be worn during participation.
Memberships and class packages are non-transferable and non-refundable except as required by law.
Warranty Disclaimer
All Services are provided “as is.”
To the maximum extent permitted by law, Studio Fusion’s liability shall not exceed CAD $100.
Contact Information
Studio Fusion Customer Service
Email: info@studiofusion.ca
Address:
82 James Street North
Hamilton, Ontario L8R 2K5
Canada