TERMS & CONDITIONS

Terms

This policy governs your use of the TotalFusion Website (the “Website”). The Website is designed to allow members to make class/series purchases, register for classes, reserve bikes/class positions, and communicate with STF of Harrison LLC d/b/a TotalFusion (“TotalFusion”).

General Statement on Privacy, Personal Data, and Communications

If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website or communicate with TotalFusion via email, you are communicating electronically. You consent to receive communications from TotalFusion electronically. TotalFusion will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that TotalFusion provides electronically satisfy any legal requirement that such communications be in writing.

User Provided Information

TotalFusion does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to TotalFusion. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by TotalFusion must be voluntarily submitted by the member.

TotalFusion may use the information provided to contact you with important information, required notices, and marketing promotions.

Automatically Collected Information

The Website collect some anonymous information about members automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows TotalFusion to provide an optimal experience and better service. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

Security Statement

TotalFusion and our providers make every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted. We and our providers are concerned about safeguarding the confidentiality of your information. We and/or our providers safeguard your information that is processed and maintained. For example, we limit access to this information to authorized employees and providers who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information that is processed and maintained, no security system can prevent all potential security breaches.

When accessing our Website, please make sure that you have established a secure connection between your browser and the Website. A secure connection will encrypt any information that is transferred between the connection. SSL encryption makes it difficult for someone to intercept or decode messages over this type of connection.

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Website use cookies to obtain certain types of information. For example, TotalFusion might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. TotalFusion reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

How Information is Used

The following are examples of how TotalFusion might use the personal information collected through the Website:

* If you purchase a TotalFusion series, sign up for a TotalFusion class, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

If you indicate that you are interested in receiving TotalFusion related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website:

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall TotalFusion experience.

Please update your account (address, phone number or email address) so that TotalFusion can maintain the accuracy of your personal information. TotalFusion will not share telephone numbers, email addresses, or any personal data with third parties.

TotalFusion reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

Privacy of Minors

If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. TotalFusion does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor must be completed in person at our studio with a parent or guardian. Minors who have submitted a Minor Waiver Form signed by a parent or guardian, may sign up for classes.

If TotalFusion discovers that personal information has been submitted by a minor without a signed participant/registration waiver, TotalFusion reserves the right to delete such information. TotalFusion will not share telephone numbers, email addresses, or any personal data of minors with third parties.

Reservations/Charges

In order to make a reservation, you must first own a package (single class, 10 classes or 20 classes) or an unlimited plan. To buy an individual package or plan online, you can either sign up on the Website and create a password, or if you are already registered, click login to buy a series and make your reservation.

Our class packages do not expire. However, our monthly plans expire. Future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in our TotalFusion studio. You can reserve classes online up to 1 week in advance (Sunday through the following Sunday).

Your credit/debit card will be charged for your order when you purchase a package or a plan. TotalFusion will not process purchases that use an incorrect, expired, or over-the-limit credit card. We will make reasonable efforts to contact you if this occurs, but we are not required to do so. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that TotalFusion may incur in its efforts to collect any unpaid balances from you.

Cancellation Policy

In order to cancel a reservation for a class and return it to your account, you must un-reserve by midnight the night prior to the class. Once your class is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled your class by midnight the night before, your scheduled class will be charged to your series.

You can cancel your reservation in the following ways:

1) Log into your account and, next to the class you wish to cancel, press “unreserve.”

2) Call the studio to cancel the class for you.

RUNNING LATE? We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins though we cannot guarantee your spot for the class you signed up for. If you are more than 10 minutes late, you may not be admitted into class, if we believe that it will be disruptive to other members, in our discretion

LEAVING EARLY?: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.

Waiver and Release

By signing up for and/or attending classes, activities, programs or events and using the TotalFusion studio, premises, facilities, equipment, or any other location or venue where TotalFusion is providing services (individually and/or collectively the “Classes and Studios” of STF of Harrison, LLC (referred to herein as “TotalFusion”), I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with the Classes and Studios. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one class to another and from one activity to another, but may include but range from (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (c) catastrophic injuries including paralysis and death.

I agree that I am aware of the safety instructions associated with the Classes and Studios. I agree, at all times, to comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by TotalFusion. If in the subjective opinion of the TotalFusion staff, it is determined, in their sole discretion, that I would be at physical risk participating in the Classes, I understand and agree that I may be denied access to the Classes and Studios until I furnish TotalFusion with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing TotalFusion’s concerns and stating that TotalFusion’s concerns are unfounded.

In consideration of being allowed to participate in the Classes and access the Studios, I hereby (a) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and the Studios, (b) release, indemnify, and hold harmless TotalFusion, its parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Studio and (c) represent that I (x) have no medical or physical condition that would prevent me from properly using any of the Classes and Studios, (y) do not have a physical or mental condition that would put me in any physical or medical danger, and (z) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any disabilities or conditions, I am at risk in participating in the Classes and using the Studios, and should not be participating in any Classes.

Property Rights

The trademarks and trade dress of TotalFusion are proprietary to TotalFusion and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, TotalFusion. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of TotalFusion, is strictly prohibited.

You acknowledge that TotalFusion and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. TotalFusion may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.

UNAUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of TotalFusion to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

UNAUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of TotalFusion’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any our products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, our material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, member’s permission to use TotalFusion’s material will automatically terminate and any copies made of our material must be immediately destroyed.

Any unauthorized use of TotalFusion’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

Disclaimer and Limitation of Liability

In no event will TotalFusion be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if TotalFusion was expressly advised of the possibility of such damage.

All information is provided by TotalFusion on an “as is” basis only. TotalFusion makes no representations or warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

Governing Law

The Website and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.

Policy Changes

Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in TotalFusion’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Members of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.