This policy governs your use of the Fuse45 Website (the “Website”) and the Fuse45 Mobile Application (the “App”). The Website and the App are designed to allow users to make class/package purchases, register for classes, and communicate with Fuse45 Royal Oak, LLC and Cycle & Row, LLC. (“Fuse45”).
General Statement on Privacy, Personal Data, and Communications
If you use the Website or the App, 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, use the App, or communicate with Fuse45 via email, you are communicating electronically. You consent to receive communications from Fuse45 electronically. Fuse45 will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that Fuse45 provides electronically satisfy any legal requirement that such communications be in writing.
User Provided Information
Fuse45 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 Fuse45. Personal information might be obtained from online transactions such as class/package 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 or App. Any personal identification information retrieved by Fuse45 must be voluntarily submitted by the user.
Fuse45 may use the information provided to contact you with important information, required notices, and marketing promotions.
Fuse45 makes every effort to ensure that all of the transactions that occur on the Website and App are secure. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
How Information is Used
The following are examples of how Fuse45 might use the personal information collected through the Website and/or App:
* If you purchase a Fuse45 package or membership, sign up for a Fuse45 class, or purchase Fuse45 retail items, the required personal information (similar to that provided during a telephone purchase) will be used to complete your order.
* If you indicate that you are interested in receiving Fuse45 related news and information, you may receive emails to the email address you provided as part of the registration process.
You can help Fuse45 maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, credit card or email address.
Fuse45 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 and App only with the involvement of a parent or guardian.
In order to make a reservation, you must first own a single class or a package (multiple classes). To buy an individual class or package online, you can buy here after registering, which you can do here.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in a Fuse45 studio. You can reserve classes online up to 1 week in advance.
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 Fuse45 may incur in its efforts to collect any unpaid balances from you.
In order to cancel a reserved Fuse45 class and return it to your account, you must unreserve by 12 hours 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 12 hours prior, your scheduled class will be charged against your package. If you are an unlimited member, you will be charged a $10 fee if you do not cancel 12 hours prior to your scheduled class or if you do not show up to the class. Special events classes will not be refunded. Any approved refunds of anything sold by Fuse45 or Cycle & Row will be refunded in the form of an account credit only.
You can cancel your reservation in the following ways:
1) Using the app / website
2) Call the studio where you’re booked to cancel the class for you.
Please note, in fairness to all our customers, your pace in class WILL BE RELEASED 3 MINUTES BEFORE CLASS BEGINS.
FOR CLIENTS 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.
FOR CLIENTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
Monthly Unlimited Contract Terms
Monthly Unlimited membership applies to any autopay agreement, including introductory or promotional agreements. To cancel a monthly unlimited or Fuse with Friends membership, clients must e-mail [email protected] requesting cancellation. We require 10 days notice before auto-renew is scheduled to cancel without any penalty. Unfortunately, we can only accept written (e-mail) notice of cancellation. Thanks for understanding! We cannot put memberships on hold for any reason. If you need to cancel, you are welcome to do so one month at a time, but not for a partial month.
When a client signs up for any monthly unlimited contract, they are authorizing and directing Fuse45 Royal Oak, LLC or Cycle & Row, LLC to charge their credit card for the payment of class fees and all other charges. Client understands that if they opt for the monthly unlimited classes package, the amount will continue to be charged to their credit card each month approximately on the same day of the month that was chosen at the time the original purchase was made until a written notice stating my intent to discontinue the monthly unlimited classes package is submitted to [email protected] THIS NOTICE MUST BE SUBMITTED AT LEAST 10 DAYS PRIOR TO NEXT MONTHLY CHARGE. PLEASE ALLOW 10 DAYS FOR PROCESSING OF ANY CHANGES. Client further understands that this membership cannot be transferred or put on hold. Monthly fees cannot be prorated.
These contract terms apply to clients who purchase online as well as in studio.
Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Fuse45 and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercising and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Fuse45 staff, you would be at physical risk participating in Fuse45 Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Fuse45 with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Fuse45’s concerns and stating that Fuse45’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Fuse45, its direct and indirect parent, subsidiary affiliate entities, 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 Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Fuse45’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Fuse45’s Classes and Facilities, and should not be participating in any Classes.
Intellectual Property Rights
The trademarks and trade dress of Fuse45 and Cycle & Row are proprietary to Fuse45 and Cycle & Row and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Fuse45. You have the right to view, electronically copy, and print in hard copy portions of the Website and App 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 Fuse45, is strictly prohibited.
You acknowledge that Fuse45 and/or third party content providers remain the owners of all Website and App 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. Fuse45 may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Fuse45 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 and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App 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.
NOT AUTHORIZED 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 Fuse45’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 and/or App in connection with the sale or resale of any Fuse45’s products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Fuse45’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use Fuse45’s material will automatically terminate and any copies made of Fuse45’s material must be immediately destroyed.
Any unauthorized use of Fuse45’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.
Warranty Disclaimer and Limitation of Liability
In no event will Fuse45 be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party 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 Fuse45 expressly advised of the possibility of such damage.
All information is provided by Fuse45 on an “as is” basis only. Fuse45 provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
Choice of Law
The Website, App, and your use hereof, is governed by the laws of the State of Michigan.
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in Fuse45’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
Acceptance of Terms
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes.