TRAINERNEARBY — General Conditions of Use (Terms of Use)
Last updated: September 2, 2026
Company Name: TRAINERNEARBY | Ontario Business Identification Number (OCN/BIN): 1001787904
Welcome to TrainerNearby (the "Platform" or "Site"), an online marketplace that connects fitness seekers with independent, certified professional trainers across Canada. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these General Conditions of Use (the "Agreement"). This Agreement constitutes a binding contract between you (the "User", "Client", or "Trainer", as applicable) and TrainerNearby.
Important Notice — Intermediary Role: TrainerNearby acts solely as an intermediary platform. We do not directly employ, supervise, or endorse any individual trainer. TrainerNearby is not a party to any direct training sessions, service agreements, or contractual arrangements made between Clients and Trainers. We expressly disclaim all liability arising from personal injury, property damage, or any other loss incurred during training sessions or interactions facilitated through the Platform.
Limitation of Liability & Disclaimer
TRAINERNEARBY (BIN: 1001787904) operates strictly as an online web platform and digital directory designed to connect independent fitness professionals with clients. TRAINERNEARBY acts solely as an independent intermediary and is not responsible, guarantor, or liable for any disputes, injuries, damages, service failures, financial losses, or issues arising between clients and trainers. Users and trainers engage, hire, and interact with one another entirely at their own discretion and risk.
1. Platform Scope & Nature of Service
TrainerNearby is an online marketplace operating across Canada that enables fitness seekers to discover, research, and connect with independent certified professional trainers. The Platform provides listing, profile, scheduling, and communication tools. Trainers may create profiles showcasing their certifications, experience, location, and media; Clients may search for trainers based on location, specialty, and other criteria, and unlock contact information to arrange sessions directly.
TrainerNearby is an intermediary only. We do not hire, supervise, control, or evaluate the performance of any trainer. All training services are independently offered and performed by third-party trainers. TrainerNearby makes no representations or warranties regarding the qualifications, suitability, safety, or conduct of any trainer listed on the Platform. Any arrangement, contract, or agreement entered into between a Client and a Trainer is strictly between those parties. TrainerNearby shall not be liable for any physical injuries, losses, damages, or
3. User Conduct & Prohibited Activities
You agree not to use the Platform for any unlawful purpose or in violation of any applicable local, provincial, national, or international law. Prohibited activities include, but are not limited to:
- Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity;
- Engaging in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform;
- Attempting to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform;
- Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
- Collecting or harvesting any personally identifiable information from the Platform.
4. Trainer Profiles & Listings
Trainers are solely responsible for the accuracy and completeness of the information, images, certifications, media, and other content provided in their profiles and listings. TrainerNearby does not independently verify any trainer credentials, qualifications, or representations. Trainers represent and warrant that all information they provide is true, accurate, and not misleading, and that they hold all necessary certifications, licenses, and insurance required by applicable law to provide the services they offer.
TrainerNearby reserves the right, in its sole discretion, to remove, modify, or refuse any profile or listing that violates this Agreement or is otherwise objectionable.
5. Client-Trainer Transactions
All arrangements, bookings, payments, service agreements, and scheduling between Clients and Trainers are made entirely between those parties. TrainerNearby is not a party to any such transactions and does not process payments, collect fees, or facilitate financial transactions between Clients and Trainers. Clients and Trainers are encouraged to enter into their own written agreements and to verify all credentials, insurance, and references before engaging in any training sessions.
Credit System: TrainerNearby may provide a contact-unlock credit system that allows Clients to access Trainer contact information. These credits are non-refundable and are subject to the specific terms displayed at the point of purchase or grant.
6. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TrainerNearby, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as expressly authorized by TrainerNearby.
7. Privacy Policy
Your use of the Platform is also governed by the TrainerNearby Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy explains how we collect, use, store, and share your personal information. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
disputes arising out of or related to any training session or interaction scheduled through the Platform.
2. User Accounts & Registration
To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. TrainerNearby will not be liable for any loss or damage arising from your failure to comply with this obligation.
You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your province or territory of residence) and have the full power and authority to enter into this Agreement.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall TrainerNearby, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, property damage, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if TrainerNearby has been advised of the possibility of such damages.
Because some provinces or territories do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such cases, TrainerNearby's liability will be limited to the fullest extent permitted by applicable law.
9. Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. TrainerNearby does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
No advice or information, whether oral or written, obtained by you from TrainerNearby or through the Platform shall create any warranty not expressly stated in this Agreement.
10. Indemnification
You agree to indemnify, defend, and hold harmless TrainerNearby, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This indemnification obligation will survive the termination of this Agreement and your use of the Platform.
11. Governing Law & Jurisdiction
This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto, and the federal courts of Canada sitting therein. You hereby attorn and submit to the personal jurisdiction of such courts for the purposes of any such proceeding.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
12. Changes to This Agreement
TrainerNearby reserves the right to modify, amend, or update this Agreement at any time, in its sole discretion. Material changes will be communicated to users by email or through a prominent notice on the Platform at least thirty (30) days before the effective date. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue your use of the Platform and cancel your account.
13. Electronic Signature & Entire Agreement
This Agreement is an electronic contract that governs your access to and use of the Platform. By checking the "I agree" box or by accessing or using the Platform after having been presented with this Agreement, you acknowledge that you have read, understood, and agree to be legally bound by its terms. This action constitutes an electronic signature that has the same legal force and effect as a handwritten signature under applicable Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and equivalent provincial legislation.
This Agreement, together with the TrainerNearby Privacy Policy, constitutes the entire agreement between you and TrainerNearby with respect to your use of the Platform, superseding any prior agreements, communications, or representations, whether oral or written.
14. Contact Information
If you have any questions, concerns, or requests regarding this Agreement, please contact us at:
TRAINERNEARBY
Ontario Business Identification Number (OCN/BIN): 1001787904
Email: support@trainernearby.com
Canada