TERMS & 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 in hard copy 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 the 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, without limitation, patent, copyright or trademark, or
otherwise. Your unauthorized use of the Site or the contents of this Site may
violate applicable laws and we reserve all rights to pursue any remedy we
may choose.
Security Rules
You are prohibited from violating or attempting to violate the security of the
Site, including, without limitation: (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 the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
or (c) attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus, cancelbot,
Trojan horse, worm or other harmful or disruptive component to the Site,
overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations
of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or other
materials that violate any law.
We will investigate occurrences that may involve such violations and may
involve, and co-operate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Non-Solicitation Policy
The sender of any communications to this Site or otherwise to us shall be
responsible for the content and information contained in such
communications, including its truthfulness and accuracy.
In your communications with us or postings on the Site, please keep in mind
that we do not seek any unsolicited ideas or materials for products or
services, or even suggested improvements to products or services
(collectively, “Unsolicited Ideas and Materials”). We shall be free to use or
copy all or a portion of any Unsolicited Ideas and Materials you post on the
Site or send to us, including any ideas, inventions, concepts, techniques or
know-how disclosed, for any purposes. Such purposes may include disclosure
to third parties and/or developing, creating and/or marketing goods or
services.
Any personal information included in electronic communications to this Site
is governed by our Privacy Policy.
Links to Other Websites
Our Site may provide links or references to websites operated by third parties.
These third-party websites are not governed by the Terms and Conditions but
by other policies that may differ from the Terms and Conditions. In visiting
any third party websites, whether linked to this Site or otherwise, you do so at
your own risk and you assume all responsibility in that regard. We make no
representations or warranties regarding, and do not endorse, any third-party
website or any content in such website. We encourage you to review the
terms of use of each website visited before using those websites.
No Warranties / Limitation of Liability
The Site is provided on an “as is” and “as available” basis and you are using it
at your own risk. We make no representations or warranties, express or
implied, about the Site or its contents including, without limitation: any
warranties as to the operation, availability or stability of the Site; any
warranties as to the accuracy, completeness or timeliness of its contents; any
warranties as to the merchantability or fitness of any such information or
content for any particular purpose; or any warranties as to non-infringement
of any rights, including, without limitation, intellectual property rights and
including the transmission of any such content from the Site to you. Any
implied warranties, whether statutory or otherwise, on any such matters are
hereby expressly excluded to the full extent permitted under applicable laws.
In accessing this Site or any other you assume all risk associated with any
viruses, worms, Trojan horses and other destructive items. You should take
any necessary precautions before you access this Site in respect of any such
potential risks.
In no event will we be liable to you or any other person or entity for any kind
of loss, damages or injury arising directly or indirectly out of the use or
unavailability of this Site, even if we have been advised by you of the
possibility of such loss, damages or injury.
PURCHASING FUSION MEMBERSHIPS, FUSION CLASSES & GIFT CARDS
Registering a User Account
In order to purchase memberships, classes or series of classes, you must
create a user account (“Account”) by selecting a username and a
password. You agree and understand that you are responsible for
maintaining the confidentiality of your username and password. Your
username and password, together with any other user information you
provide, form your Profile Information and allow you to access your Account.
You agree to provide true, accurate, current and complete information about
yourself, and you may not misrepresent your Profile Information.
You agree not to disclose your password to any third party. You are solely
responsible for all activities that occur under your Account or under your
Profile Information. If you become aware of any unauthorized use of your
Account or Profile Information, you are responsible for notifying Studio
Fusion immediately.
By providing us with your e-mail address, you agree to receive all required
notices electronically, to that e-mail address. It is your responsibility to update
or change that address, as appropriate.
Should you request to delete your account, your Account will be fully deleted
and will not be accessible for reactivation.
Use of the Site by Minors
If you are under the age of majority in the province in which you are using the
Site (a “Minor”), Studio Fusion does not accept the online registration by
Minors; please do not attempt to register on the Site if you are a Minor.
Registration of a Minor must be completed in person at one of our Studios
with a parent or guardian. Minors who meet the minimum age requirement
of sixteen (16) years old, and whose parent or guardian has signed a waiver
form in Studio or electronically (as described in the Agreement attached as
Schedule “A”), may sign up for classes online.
Purchasing Memberships, Classes and Gift Cards
You can purchase a Studio Fusion membership, class or series of classes in
person at one of our studios, by telephone, or online on the Site. To purchase
classes or to purchase memberships online, you will first need to create an
Account on the Site (as described above). If you are already registered, simply
login to your account. You must also review and agree to the Agreement.
In order to be eligible to book a class, you must first purchase a membership,
individual class or series of classes. Once you buy your membership, class or
series of classes, you can then book a class online. The memberships, classes
and series of classes offered at our Studios, as well as the current prices for
memberships, individual classes and series of classes are described on our
Site. Please note that memberships, classes and series of classes expire; the
expiration dates are set out on the website upon purchase.
Prices for memberships, individual classes and series of classes are subject to
change. However, Studio Fusion will honour any membership rates that you
have purchased, regardless of whether there has been a price increase since
your purchase, until the contract expires. Grandfathered rates for contract
renewals are at the discretion of the individual studio.
In addition to memberships, classes, and series of classes, you can also buy
gift cards. Gift cards may only be purchased in person at one of our studios or
by telephone at the phone numbers set out in Appendix A. You do not need
to register a user account in order to purchase a gift card. Gift cards do not
expire. Once a membership, class or series of classes is purchased using a gift
card, the membership, class or series of classes will expire, just like any other
membership, class or series of classes you buy. See the Agreement attached
as Schedule “A” for the expiration dates.
GENERAL TERMS AND CONDITIONS
Indemnity
To the full extent permitted by applicable law, you agree to defend, indemnify
and hold harmless Studio Fusion, its affiliates and subsidiaries, and each of
their employees, officers, directors, consultants, affiliates, subsidiaries,
shareholders, related entities and agents from and against any claims, actions
or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Site or your breach of the
Terms and Conditions. We shall provide notice to you promptly of any such
claim, suit, or proceeding and may choose in our sole discretion to assist you,
at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Site is controlled and operated by Studio Fusion from its offices in the
Province of Ontario, Canada. These Terms and Conditions are governed by
and construed in accordance with the laws of the Province of Ontario and the
laws of Canada applicable therein, without regard to rules relating to conflict
of laws. Any action relating to the Terms and Conditions must be brought in
Hamilton, Ontario, Canada and you irrevocably consent to the jurisdiction of
such courts.
These Terms and Conditions constitute the sole and entire agreement
between you and Studio Fusion with respect to the Site. The Terms and
Conditions supersede any other agreement, whether oral or in writing, and
render any other agreement regarding the Terms and Conditions of the Site
null and void.
If any provision of the Terms and Conditions shall be declared unlawful, void
or for any reason, unenforceable, then that provision shall be deemed
severable from the Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions.
You agree that this agreement is specifically enforceable by Studio Fusion by
injunctive relief and other equitable remedies without proof of monetary
damages. You further agree that if Studio Fusion does not exercise or enforce
any legal right or remedy which is contained in these Terms and Conditions
(or which Studio Fusion has the benefit of under any applicable law), this will
not be taken to be a formal waiver of our rights and that those rights or
remedies will still be available to Studio Fusion.
CANCELLATION POLICY
Studio Fusion has a 12-hour cancellation policy, depending on the studio. If
you cancel your reservation before this timeframe, your credit will be
returned to you. If you cancel your reservation after this point, your credit will
be lost. Unlimited packages (introductory offers, monthly recurring, etc.) will
be charged a late cancel fee + applicable taxes for classes canceled within this
time frame. If three unpaid late cancellations and/or no shows are
accumulated on an unlimited package, the package will be frozen until the
charges can be applied.
NO-SHOW POLICY
In the event that you do not cancel your spot within our cancellation window
and fail to attend your scheduled class, your class credit will be lost. Unlimited
packages (introductory offers, monthly recurring, etc.) will be charged a no
show fee. If three unpaid no shows are accumulated on an unlimited
package, the package will be frozen until the charges can be applied.
ONLINE WAITLIST POLICY
Up to 1 hour before class – If a class is full, you may add yourself to the waitlist.
You will need an available credit in your account to do so. When a mat
becomes available, you will be automatically added to the class according to
your position in the queue, up to one hour before the class is scheduled to
begin. If you are successful in securing a mat, an email confirming your
reservation will be sent to you. By adding yourself to the waitlist we assume
that you are hoping to participate. If you do not wish to be added to the class,
you will need to cancel your waitlist booking. This credit will be applied if you
are successful in securing a mat or held up until the online waitlist expires (a
few minutes after class is scheduled to begin.) If you are scheduled for
another class and secure a spot from the waitlist, you will be charged for both
reservations. Our 12-hour cancellation policy applies.
1 hour – 30 minutes before class – During this window, if a spot becomes
available a member of staff will call the phone number on your Studio Fusion
account, according to your position in the queue. If you confirm that you
would like to secure the available mat, you will be added to the class. If you do
not wish to participate in class, or do not answer, you will not be added to the
class, and we will call the next client in the queue.
WALK-IN WAITLIST POLICY
30 minutes – 5 minutes before class – Our walk-in waitlist operates on a first-
come, first-served basis. If you wish to be added to a full class, you will need to
come into the studio physically. Phone requests will not be accepted. The
front desk staff will take down the names of clients, in the order in which they
ask to be added to the waitlist. 5 minutes before class is scheduled to begin,
we will begin to re-allocate available mats to the walk-in waitlist.
ARRIVING LATE
We recommend arriving 10 minutes ahead of time to ensure you get the full
Studio Fusion experience. That being said, we understand that late arrivals
can be inevitable due to a number of factors, which is why we offer a 5-
minute grace period. If we can confidently and safely get you into class in
fewer than 5 minutes after class has begun, then we will happily do so and
help you get set up. If we can’t get you into the class, we will gladly offer
same-day re-bookings using the same credit.
MOVE LIST
If you are booked into a full class and would like to change positions, please
let our front desk team know. You will be added to the move list and asked
for your preferred position. 4-minutes before class is scheduled to begin, we
will reallocate available mats to individuals on the move list, according to the
order in which they are added to the list.
SCHEDULE “A”
FUSION PARTICIPANT AGREEMENT
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND STUDIO
FUSION. PLEASE READ IT CAREFULLY.
This agreement (“Agreement”) is a legally binding Agreement between
Hidden Trail Consulting Inc. (“Studio Fusion”, “our”, “us”, “we”) and you (“you”
or “your”) and applies to and governs your purchase of a Studio Fusion
membership or Studio Fusion classes, your rights to cancel your purchase of
Studio Fusion membership or classes, your booking of classes, your
communication with Studio Fusion, your use of and attendance at the Studio
Fusion studio(s) described in Appendix A (“Studio(s)”), and all services we
provide in connection with the above (collectively, the “Services”).
When you visit our website located at www.studiofusion.ca (the “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.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of
majority in your province of residence and are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations
and warranties set forth in this Agreement, and to abide by and comply with
this Agreement. It is your responsibility to ensure that you are legally eligible
to enter into this Agreement under any laws applicable to you in your
province of residence or otherwise. If you accept this Agreement, you
represent that you have the capacity to be bound by it.
If you are at least sixteen (16) years old and under the age of majority in the
province where you would like to attend a class at one of our Studios, you
must have your parent or legal guardian read this Agreement and agree to it
on your behalf by signing the electronic waiver online. We do not accept the
online registration of individuals who are under the age of majority without a
legal parent or guardians consent. Minors who meet the minimum age
requirement of sixteen (16) years old, and whose parent or guardian has
signed a waiver form online or in Studio (as described below), may sign up for
classes online.
Studio Fusion Studios
Our Studios are located at the locations set out in Appendix A. This
Agreement entitles you to train at the studio that you initially sign up for.
Terms of Agreement / Cancellation, Freeze & Refund Policy
Studio Fusion membership options range from one (1) month to twelve (12)
months. By purchasing a membership, you agree to make the lump sum
and/or recurring monthly payments as set out in the membership
description on the Site for the duration of the term of the membership. There
are no cancellations and no refunds of membership payments, unless
required by law (including as set out below under the heading “Your
Cancellation Rights Under Consumer Protection Law”). In the case of a one-
month recurring membership; payments will continue until such time as you
cancel the membership. Studio Fusion requires 30 days’ notice from your
payment cycle date to cancel a recurring membership. All membership
requests to cancel must be sent in writing to info@studiofusion.ca
Each time you purchase a class or series of classes, you enter into a new
Agreement with Studio Fusion. You must enter into this Agreement before
you can purchase any class or series of classes that cost more than
$50. Classes or series of classes must be prepaid. There are no cancellations
and no refunds of class payments unless required by law (including as set out
below under the heading “Your Cancellation Rights Under Consumer
Protection Law”). Memberships, classes and series of classes may not be
transferred or shared.
If you are medically unable to attend classes, you may request a freeze of
memberships (“medical freeze”) for up to six (6) months. In such a case, you
must provide a doctor’s note at the time of such a request. Studio Fusion
reserves the right to verify the note with the doctor. You must notify Studio
Fusion upon returning from the Medical Freeze by emailing your respective
studio. After the Medical Freeze, Studio Fusion will resume charging, and you
are obligated to pay your monthly dues until any commitment period has
expired.
Medical Freeze requests should be made to the on-site Studio Fusion
manager. Any non-medical freeze requests should also be directed to the on-
site Studio Fusion manager.
Studio Fusion reserves the right to adjust the Freeze Policy from time to time.
Freezing memberships for any period of time does not relieve you from any
minimum monthly membership commitment, as may be required for certain
types of memberships.
Your Cancellation Rights Under Consumer Protection Legislation
The following applies if you have purchased and paid for in advance a
membership or series of classes for over $50:
You may cancel this Agreement at any time during the period that ends ten
(10) days after the later of the day you receive a written copy of the
Agreement and the day all the services are available. You do not need to give
Studio Fusion a reason for canceling during this 10-day period.
In addition, there are grounds that allow you to cancel this Agreement. You
may also have other rights, duties, and remedies at law. For more
information, in Ontario, you may contact the Ministry of Consumer and
Business Services.
To cancel this Agreement, you must give notice of cancellation to Studio
Fusion, at the address as set out in the Agreement, by any means that allows
you to prove the date on which you gave notice. If no address is set out in the
Agreement, use any address of the supplier that is on record with the
Government of Ontario or the Government of Canada or is known by you.
If you cancel this Agreement within the 10-day period, Studio Fusion has
fifteen (15) days to refund any payment you have made and return to you all
goods delivered under a trade-in arrangement (or refund an amount equal to
the trade-in allowance).
Purchasing Memberships and Classes
In order to be eligible to book or attend a class, you must first purchase a
Studio Fusion membership, individual class or series of classes. Once you buy
your membership, class or series of classes, you can then book a class. The
memberships, classes and series of classes offered at our Studios, as well as
the current prices and expiration dates are attached as Appendix A to this
Agreement and are described on our website located at www.studiofusion.ca
(the “Site”).
You can purchase a membership, class or series of classes in person or online.
To purchase online, you must create a user account on the Site as described
in the Terms and Conditions, or if you are already registered, simply login to
your account.
To ensure every person is provided with the opportunity to work out in our
studios and experience a variety of classes, please note that some of our
locations may have a 2-limit class per day. To see what your current studio
policy is, please reach out to the location directly.
Expiration Dates
Memberships, classes, and series of classes expire. The expiration dates are
set out below:
• ONE CLASS CARDS expire 30 days, FIVE CLASS CARDS expire 3 months,
TEN CLASS CARDS expire 6 months from date of purchase.
• ALL MONTHLY UNLIMITED MEMBERSHIPS are valid from the first class
booked, until the same date of the next month (.e.g. if a class is booked
on February 15 using a monthly unlimited package, the membership
will renew on March 14 at 11:59 p.m.).
• ALL LIMITED MEMBERSHIPS are valid from the first class booked, until
the same date of the relevant expiration month (e.g. for a three-month
membership – if a class is booked on February 15, the second month will
activate on March 15, the third month will activate on April 15 and the
membership will expire on May 14 at 11:59 p.m.).
In addition to memberships, classes, and series of classes, you can also buy
gift cards as described in the Terms and Conditions. Gift cards do not
expire. Once a membership, class or series of classes is purchased using a gift
card, the membership, class or series of classes will expire as set out above.
Pricing
Prices for memberships, individual classes and series of classes are subject to
change. However, we will honor any memberships, classes or series of classes
that you have purchased, regardless of whether there has been a price
increase since your purchase.
We currently accept payment by debit card (in studio), Visa, MasterCard, and
American Express. You must first pay for a membership, class or series of
classes in order to book a class online.
Exposure to Lights
Our classes take place in a dimly lit studio. Exposure to certain lighting may
cause aggravation of certain health conditions. If you are at risk or have any
concerns, we recommend that you consult your physician.
Therapy Animals
At Studio Fusion, we make every effort to accommodate our members. If you
are looking to bring a therapy animal to Studio Fusion, please contact the
studio ahead of time. We ask that you provide a letter from a legislated
professional that confirms that you require a service animal or require the
animal for reasons relating to disability. Please note, requests for therapy
animals in the studio cannot always be accommodated. We thank you for
your understanding.
Agreement of Release and Waiver of Liability & Acceptance of Risk
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND FUSION.
PLEASE READ IT CAREFULLY.
In order to attend any fitness classes offered by Hidden Trail Consulting Inc.
(“Studio Fusion”, “our”, “us”, “we”) at any one of our Studios, you (or your
parent or guardian if you are under the age of majority) must first enter into a
Studio Fusion Agreement and must sign at our Studio(s) this Agreement of
Release and Waiver of Liability & Acceptance of Risk (the “Agreement”)
agreeing to the following.
As a participant in Studio Fusion fitness classes, I recognize and acknowledge
that there are certain risks of physical injury including, but not limited to
death which may arise from accidental contact, falling or other causes. I have
no physical condition, which would present a risk of injury to me through my
participation in Studio Fusion fitness classes. Notwithstanding any instruction
or consultation by a representative of Studio Fusion, I agree to assume
responsibility for any such injuries, damages or loss which I may sustain as a
result of participating in any and all activities connected to or associated with
Studio Fusion, except if caused by the sole negligence of Studio Fusion.
I hereby release, waive and discharge Studio Fusion, its affiliates, licensors and
their respective directors, officers, employees, shareholders, agents and
representatives from any and all liability, claim, damages and losses arising
out of any loss, damage or injury that may be sustained by me or to any
property belonging to me while participating in any and all activities
connected to or associated with Studio Fusion.
I warrant that I have consulted with a physician before attending a Studio
Fusion class, and will do so again following any change in my health state and
before attending another Studio Fusion class after such a change;
I agree that I will not attend class if I feel unwell, and acknowledge Studio
Fusion’s right to ask me to leave if I am visibly unwell during or before class
(i.e. repeated coughing, repeated sneezing, vomiting, or other physical
symptom of unwellness);
I agree to wear appropriate attire while attending class. This includes grip
socks. If I do not have grip socks, a pair will be provided to me at the front
desk for a cost. If I do not have a pair of grip socks to wear, I agree that I
cannot participate in class.
It is my express intent that this Agreement shall bind the members of my
family, my heirs, and assigns. I further agree that participation in any Studio
Fusion fitness classes will be at my own discretion and judgment. I further
understand that should Studio Fusion discover that I have not satisfied any
one of these requirements, it may, but is not required to, terminate my
participation in a fitness class and/or Participant Agreement. I acknowledge
and agree that there are no cancellations, refunds and or exchanges from the
purchase of any package, memberships, classes or series of classes, other
than as prescribed by law. I also acknowledge and agree that Studio Fusion
memberships, classes and series of classes may not be transferred or shared.
Warranty Disclaimer and Limitation of Liability
To the maximum extent permissible by law, the Studio Fusion services are
provided “as is”, “as available” and “with all faults”. Except as provided by
applicable law, Studio Fusion disclaims, and provides no representations,
warranties, conditions or guarantees, express or implied, including any
implied representations, warranties, conditions or guarantees of fitness for a
particular purpose, merchantability and non-infringement.
Under no circumstances will Studio Fusion, its affiliates, licensors and their
respective directors, officers, employees, shareholders, agents and
representatives be liable for any indirect, consequential, special, exemplary,
punitive or incidental damages, whether foreseeable or unforeseeable, based
on any claims by you (including, but not limited to claims for loss of data,
goodwill, profits, use of money or use of the Studio Fusion services,
interruption in use or available of data, stoppage or impairment of other
assets), arising out of breach or failure of express or implied warranty, breach
of contract, misrepresentation, negligence, strict liability in tort, or otherwise.
In addition, in no event will Studio Fusion’s cumulative or aggregate liability
to you for direct or any other damages of any kind or nature in connection
with the Studio Fusion services or otherwise under the Participant
Agreement exceed one hundred Canadian dollars (CDN $100.00). Some
provinces do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for certain types of damages. Therefore, certain of the
above limitations in this section may not apply to you.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of
the Province of Ontario and the laws of Canada applicable therein, without
regard to rules relating to conflict of laws. Any action relating to this
Agreement must be brought in Hamilton, Ontario, Canada and you
irrevocably consent to the jurisdiction of such courts.
This Agreement constitutes the sole and entire agreement between you and
Studio Fusion with respect to the subject matter hereof. It supersedes any
other agreement, whether oral or in writing, and renders any other
agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any
reason, unenforceable, then that provision shall be deemed severable from
the Agreement and shall not affect the validity and enforceability of any
remaining provisions.
You agree that this Agreement is specifically enforceable by Studio Fusion by
injunctive relief and other equitable remedies without proof of monetary
damages. You further agree that if Studio Fusion does not exercise or enforce
any legal right or remedy which is contained in this Agreement (or which
Studio Fusion has the benefit of under any applicable law), this will not be
taken to be a formal waiver of our rights and that those rights or remedies
will still be available to Studio Fusion.
Contact Information
If you have any questions about this Agreement, please contact us at the
information below:
Studio Fusion Customer Service
info@studiofusion.ca
82 James St. N, Hamilton, Canada, L8R 2K5