Terms

Terms

Effective Date: July 2016

The terms “TruFusion,” “we,” “us” and “our” refer to TruFusion, LLC and its affiliates. Your use of this Website (the “Site”) is subject to the following terms and conditions (“Terms of Use”) that you affirmatively accept by using the Site. Please read these Terms of Use carefully and ensure that you understand them before you use the Site. If you do not agree to the Terms of Use, you should not use this Site.

These Terms of Use are not intended to and do not alter any terms or conditions of any other agreement you may have with TruFusion or TruFusion’s franchisees for products, services, membership or otherwise. TruFusion may update these Terms of Use at any time, in its sole discretion, without notice. You agree to monitor the Site for any changes and your continued use of the Site following the posting of any changes signals your understanding of, and agreement to, such changes.

THESE TERMS EXEMPT TRUFUSION AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

EACH TIME YOU USE THE SITE, THIS AGREEMENT, AS IT THEN READS, WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THESE TERMS OF USE.

ABILITY TO ACCEPT TERMS OF USE
Each time you use the Site, you signify your agreement, and the agreement of all persons you represent, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent. No person under the age of 18 may use the Site without the supervision of a parent or legal guardian. Your use of the Site will be deemed to be a representation that you are 18 years of age or older or using the Site with the permission of your parent or guardian. We require that any purchases be made by individuals 18 years of age or older.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Although TruFusion makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed and TruFusion does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. TruFusion is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site.

USE OF THE SITE
All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of TruFusion, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.

All materials on this Site may only be used for personal, non-commercial purposes. Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Site in any way and TruFusion reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which TruFusion may be entitled at law or in equity.

You hereby acknowledge responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law; or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” may not be uploaded to, distributed or otherwise published through the Site. You may not provide false email addresses or impersonate any person or entity, or otherwise provide misleading information as to the origin of any content. You may not upload commercial content onto the Site.

All remarks, suggestions, ideas, graphics, or other information communicated to TruFusion through this Site will forever be the property of TruFusion and TruFusion will not be required to treat any such submission as confidential. TruFusion will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to you or to any other person. TruFusion will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to TruFusion you waive the right to make any claim against TruFusion relating to the submission.

Any use of information obtained from this Site will be consistent with the Privacy Policy posted on this Site, and with any other privacy promises made by TruFusion on this Site. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.

LINKS
The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. TruFusion has not necessarily reviewed all of the information on the other websites mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites. TruFusion is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.

INTELLECTUAL PROPERTY
TruFusion’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of TruFusion, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by TruFusion, is for your personal and noncommercial use only and is conditioned on your prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information or any material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. TruFusion, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. TruFusion neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with TruFusion. TruFusion reserves all rights not expressly granted in and to the Site and its content.

TruFusion respects the intellectual property rights of others and may remove content that it believes, may infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify TruFusion and provide the following information:

  • An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
  • A detailed description of the material that you claim is infringing, so that we may locate it on our Site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
  • A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Please send the foregoing to the following address:

TruFusion, LLC
8575 South Eastern Avenue
Las Vegas, Nevada 89123
[email protected]

DISCLAIMERS
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TRUFUSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRUFUSION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TRUFUSION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.

TruFusion is an equal opportunity employer committed to a diverse workforce. TruFusion franchisees hire their own employees and establish their own terms and conditions of employment. Nothing on the Site or in the Terms of Use shall constitute a promise by TruFusion or its franchisees to interview, hire or employ any individual who submits information to it, nor a promise that the information will be reviewed.

THE INFORMATION PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT A MEDICAL ORGANIZATION AND ARE NOT OFFERING MEDICAL ADVICE. NOTHING ON THIS SITE IS MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITIES.

LIMITATION OF LIABILITY
TRUFUSION MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.

TRUFUSION, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRUFUSION OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRUFUSION, ITS AFFILIATES OR BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TRUFUSION IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. YOU AND TRUFUSION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.

IDEMNIFICATION
You agree to indemnify, defend and hold harmless TruFusion and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from use of the Site and any violation of these Terms of Use. If technical disruption of the Site or the systems supporting the Site occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. TruFusion reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with TruFusion in defense of such matter.

TRANSACTIONS
When you purchase any product or service made available through the Site you may be asked to supply information relevant to your transaction including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, your email address, your telephone number and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting this information, you grant us the right to provide such information to third parties in order to complete your transaction. We may contact you regarding your account or your transactions and you agree to receive said communications.

All descriptions, images, features, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. We make a conscientious effort to describe and display products and services accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site. We apologize for any inconvenience. We attempt to display the colors of our merchandise shown on the Site as accurately as possible. However, because an electronic device’s display may vary the colors shown, we cannot guarantee that it will accurately depict the actual color of the merchandise.

While we strive to provide accurate pricing information, unintentional pricing or typographical errors may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, we shall have the right, in our sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, we will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the receipt, possession, and use of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; or (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. Purchases for resale are prohibited.

Acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. Risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

JURISDICTION
The Site is controlled by TruFusion from its offices located within the United States of America and the Site has been designed to comply with the laws of the United States. The laws of the State of Nevada govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Accordingly, you agree that you are expressly waiving your right to a trial by jury. The arbitration will be before a single arbitrator. The place of arbitration will be Clark County, Nevada, United States of America. Notwithstanding the foregoing, you or TruFusion may seek injunctive relief from an appropriate state or federal court located in Nevada prior to or during the arbitration.

Entire Agreement
These Terms of Use along with any posted policies or operating rules constitute the entire understanding of you and TruFusion and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.

SEVERABILITY
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force.

NO ASSIGNMENT
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of TruFusion, which may be withheld in TruFusion’s discretion. TruFusion may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

HOW TO CONTACT US
Questions or comments about these Terms of Use or the Site may be directed to: [email protected]

Student Autopay Deal
Standard Autopay Deal
Autopay Intro Special
Annual Prepaid Membership


 

 
Terms and conditions of our Student Autopay Deal

  1. The initial payment will cost the price of one month. You will receive one unlimited month of membership.
  2. Payments will come out each month at the same date via whatever Credit or Debit card is kept on file.
    1. The active card on file can be switched at any time.
    2. The autopay can be cancelled at any time by following our cancellation policy:
      1. Notice of termination must be given to a working member of the Wellness Concierge staff either over the phone, in person or via email to [email protected] .
      2. Our autopay cancellation policy states that you must always make one additional payment after notice of termination is given to TruFusion. ***Calling the day of a payment will result in your final payment being taken out the following month.
      3. The final payment will include the use of the studio for one month after the payment is made.
    3. This membership includes 6 months of automatic payments. It will automatically terminate after the 6th payment is made. If you would like to continue with your membership, please bring in an updated and valid schedule of classes when speaking to the Wellness Concierge staff.
    4. This membership can be placed on hold for up to 4 months for a fee of $35. This can be done once per contract.
    5. Each month purchased is non-transferrable and non-refundable.
    6. By signing this waive you agree to have read and understood everything in this document.


 

 
Terms and conditions of our Standard Autopay Deal

  1. The initial payment will cost the price of one month. You will receive one unlimited month of membership.
  2. Payments will come out each month at the same date via whatever Credit or Debit card is kept on file.
    1. The active card on file can be switched at any time.
    2. The autopay can be cancelled at any time by following our cancellation policy:
      1. Notice of termination must be given to a working member of the Wellness Concierge staff either over the phone, in person or via email to [email protected] .
      2. Our autopay cancellation policy states that you must always make one additional payment after notice of termination is given to TruFusion. ***Calling the day of a payment will result in your final payment being taken out the following month.
      3. The final payment will include the use of the studio for one month after the payment is made.
    3. You may suspend your account for up to 4 months for a fee of $35 by contacting TruFusion at any time.
    4. Each month purchased is non-transferrable and non-refundable.
    5. By signing this waive you agree to have read and understood everything in this document.


 

 
Terms and conditions of our Autopay Intro Special

  1. The initial payment will cost $30. You will receive one unlimited month of membership.
  2. You have 14 days from the date of sign up to communicate to TruFusion that you do not wish to continue with monthly payments, at which time we will terminate your account for free but allow you to finish out your month.
  3. If you fail to communicate to TruFusion that you do not wish to continue monthly payments, you will automatically be enrolled to our monthly autopay.
    1. Payments will come out each month at the same date via whatever Credit or Debit card is kept on file.
      1. The active card on file can be switched at any time.
      2. The autopay can be cancelled at any time by following our cancellation policy:
        1. Notice of termination must be given to a working member of the Wellness Concierge staff either over the phone, in person or via email to [email protected]
        2. Our autopay cancellation policy states that you must always make one additional payment after notice of termination is given to TruFusion. ***Calling the day of a payment will result in your final payment being taken out the following month.
      3. You may suspend your account for up to 4 months for a fee of $35 by contacting TruFusion at any time.
      4. Each month purchased is non-transferrable and non refundable.
      5. By signing this waiver you agree to have read and understood everything in this document.


 

 
Terms and conditions of our Annual Prepaid Membership

1.PURCHASE OF ANNUAL MEMBERSHIP: This Annual Membership Agreement (“Agreement”) entitles the signer (“Member”) access to the premises of the TruFusion wellness center located in _________________, ______________(the “Center”) and the right to participate in all public classes offered at the Center for a period of one year following the payment of the membership fee. Access and participation are subject to the terms and conditions set forth in this Agreement, the Consent, Release and Waiver executed contemporaneously with this Agreement and any other Agreements between the parties. The purchase of an annual membership does not entitle Member to attend workshops or private instruction, which are separately charged, or to access or participate in classes at any TruFusion wellness center other than the Center, unless otherwise expressly advised in writing. The schedule and type of public classes offered at the Center may change during the term of this Agreement. Class availability is not guaranteed. Further, class space in limited and an annual membership does not guarantee a space in any class offered. Memberships are not transferrable. This fee is for one year access only, and is in no way related to or adjusted based on Member’s actual usage of Center facilities or classes.

2. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of the Center, which may be posted online, or issued orally, and which may be amended from time to time in the discretion of the Center owner or Trufusion, LLC and its parents or affiliates.

3. MEMBER IDENTIFICATION: Member must present a Trufusion identification scan card, or scan their phone via the TruFusion mobile app, to be allowed access to and use of the Center to participate in classes, workshops or other activities at the Center.

4. GUESTS: Member’s guests are allowed access to the Center to the extent permitted by the Center’s terms and conditions then in effect for guests, which terms and conditions may be changed, amended, or modified in the discretion of the Center owner or Trufusion, LLC and its parents or affiliates.

5. USE OF AUTHORIZED TRAINER’S ONLY: Any private training at the Center may be conducted only with the Center’s authorized private trainers. Members may not train other Members.

6. REVOCATION OF MEMBERSHIP: The Center’s owner reserves the right to cancel this membership in the event Member acts in a manner which is disruptive or upsetting to the Center’s staff or other Members, as determined by the Center’s owner, in its sole and absolute discretion. In the event of such revocation of membership, Member will not be entitled to a pro rata return of Member’s annual membership fee.

7. LOCKERS: Lockers are provided solely for the benefit and convenience of Members. Member may not use a locker overnight, and must remove all items on a daily basis from any locker used by Member prior to Member leaving the Center’s premises. Management may remove and discard any articles left in a locker overnight.

8. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto the Center’s premises. The Center’s owner, TruFusion LLC and its parents and affiliates shall not be liable for the loss of or theft of, or damage to, the personal property of Member or Member’s guests, including items left in lockers or elsewhere on the Center’s premises.

9. DISPUTE RESOLUTION AND WAIVER OF RIGHT TO JURY: If a dispute arises under this Agreement, Member (and Member’s parent or legal guardian, if he/she is a minor) agrees that all disputes, controversies, or claims shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is acknowledged, understood and agreed that any such arbitration will be final and binding and that by agreeing to arbitration, the parties are waiving their respective rights to seek remedies in court, including the right to a jury trial. The parties waive, to the fullest extent permitted by law, any right they may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement, whether based in contract, tort, statute (including any federal or state statute, law, ordinance or regulation), or any other legal theory. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the terms of this Agreement shall be governed by the laws of the State where the Center is located. Unless you and we agree otherwise, any arbitration will take place in the State and County where the Center is located. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties.

10. MINORS: Members must be at least thirteen (13) years old. Exceptions may apply only to classes offered exclusively for youth participation. Members under the age of sixteen (16) must be accompanied at all times by a parent or legal guardian while on the Center’s premises. If Member is under the age of eighteen (18) years old, then this Agreement must be signed in writing or submitted online by Member’s adult parent or legal guardian. Any adult signing on behalf of a minor represents that he/she is the parent or legal guardian of the minor, he/she has legal capacity and authority to act for and on behalf of the minor, and agrees to INDEMNIFY AND DEFEND the Center’s owner, TruFusion, LLC and its parents, affiliates and franchisees, from and against all claims or liabilities resulting from or relating to any insufficiency of his/her legal capacity or authority to act for or on behalf of the minor in the execution of this Agreement.

11. ENTIRE AGREEMENT: This Agreement constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. However, the Consent, Release and Waiver Agreement and any other non-conflicting documents executed contemporaneously with this Agreement are to be read in conjunction with this Agreement and are not superseded by this Agreement. This Agreement may only be modified in writing by the parties. Employees and trainers of the Center are not authorized to make any modifications or amendments of this Agreement.

12. SEVERABILITY: In the event any provision of this Agreement is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.

13. CONSENT: Member has thoroughly read this Agreement and understands that he/she has the right to have an attorney of his/her choosing review and advise him/her as to the terms and conditions. Member is signing this Agreement knowingly, voluntarily and without any inducement.

14. ASSIGNMENT: This Agreement may and will be assigned or transferred to, and will be binding upon and will inure to the benefit of, any successor of the Center’s owners, TruFusion LLC, its parents and affiliates, and any successor will be deemed substituted for all purposes under the terms of this Agreement. As used in this Agreement the term “successor” will mean any person, firm, corporation, or business entity which at any time, whether by merger, purchase or otherwise, acquires all or substantially all of the assets of the business of another agency. This Agreement cannot be assigned by Member.

15. LIMITATION ON LIABILITY: IN NO EVENT SHALL THE CENTER’S OWNER, TRUFUSION, LLC OR ITS PARENTS, AFFILIATES, FRANCHISEES OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). The laws of certain states or other jurisdiction may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement.

16. CHOICE OF VENUE: In the event any action for equitable relief, injunctive relief or specific performance is filed, or should any action be filed to confirm, modify or vacate any award rendered through compulsory binding arbitration, Member hereby irrevocably agrees that the forum for any such suit will lie with a court of competent jurisdiction in the State and County where the Center is located, and hereby agrees to the personal jurisdiction and venue of such court.