Trainees

Last Updated: January 2026

1. ACCEPTANCE OF THE TERMS

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“You” or “User”) and Flex Fit Tek Ltd. (doing business as FITHAUS) (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the www.fithaus.io website and platform (the “Platform”).

BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

IMPORTANT NOTICE FOR U.S. USERS: SECTION 14 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

2. NATURE OF THE SERVICES

Marketplace Model: FITHAUS is a technology platform that connects individuals seeking fitness training (“Trainees”) with independent third-party fitness professionals (“Trainers”).

No Employment Relationship: You acknowledge that Trainers are independent contractors and not employees or agents of FITHAUS. While FITHAUS verifies that Trainers hold valid certifications and insurance, FITHAUS does not direct or control the Trainer’s training methods, schedule, or independent business operations.

Assumption of Risk: FITHAUS is not a gym. You agree that FITHAUS has no responsibility or liability for any training services provided to you by Trainers.

3. ACCOUNTS AND ELIGIBILITY

Age: You must be at least 18 years old to use the Platform.

Account Registration: In order to use most aspects of the Services, you must register for and maintain an active personal user account (“Account”) by signing up on our website or communicating with FITHAUS directly.

Accuracy & Security: Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or termination of your Account. You are responsible for all activity that occurs under your Account.

4. PAYMENT TERMS & COMMITMENT PLANS

Commitment Plans: You may be offered payment plans involving a set number of recurring payments for a fixed period (a “Commitment Period”).

Authorization: By selecting a Commitment Plan, you expressly authorize FITHAUS to charge your designated payment method for the total number of payments agreed upon at checkout.

Final Commitment: Except where prohibited by law (see Section 5), ALL PAYMENT OBLIGATIONS ARE FINAL. You cannot cancel a Commitment Plan simply because you stop using the Services. You are responsible for the full value of the agreed-upon term.

Failed Payments: If a payment fails, we reserve the right to retry billing or suspend your access to Services. You remain liable for all uncollected amounts.

5. CANCELLATION AND REFUNDS

General Policy: ALL SALES ARE FINAL. Payments are non-refundable, and there is no right of cancellation or refund for partially used Commitment Periods, except where required by applicable statutory law.

Expiration of Sessions: To the extent permitted by law, any prepaid sessions must be used within 365 days of purchase. Unused sessions expire and are forfeited.

6. SESSION SCHEDULING & POLICIES

Scheduling: All sessions are scheduled directly between you and the Trainer via the Platform.

12-Hour Cancellation Policy: You must provide at least 12 hours' notice to your Trainer to reschedule or cancel a session.

Penalty: If you cancel with less than 12 hours' notice or fail to show up (“No-Show”), you forfeit that session, and it will be deducted from your balance as if it had been attended.

Virtual Training: If you engage in virtual training sessions, you are responsible for ensuring you have a safe environment and an adequate internet connection. FITHAUS is not responsible for technical failures on your end (e.g., internet outages, device failure). If a session cannot be completed due to technical issues caused by the Trainee, the session will be considered “completed” and non-refundable.

7. MEDICAL DISCLAIMER AND RELEASE

FITHAUS IS NOT A HEALTHCARE PROVIDER. You acknowledge that the training sessions offered by our independent Trainers involve physical exertion that may be strenuous and may cause injury.

Consult a Physician: You represent and warrant that you have consulted with a physician prior to using the Services and have been cleared for physical activity. If you choose not to consult a physician, you are doing so at your own risk.

Representation of Health: You hereby affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in exercise.

Assumption of Risk: You fully accept and assume all risks and responsibility for losses, costs, and damages you incur as a result of your participation in the Services.

Release of Liability: You hereby release, waive, discharge, and covenant not to sue FITHAUS, its officers, agents, employees, and independent contractors from liability from any and all claims resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, but not limited to, participation in the Services.

8. CONDUCT, SAFETY, AND NON-CIRCUMVENTION

FITHAUS has a Zero Tolerance Policy for harassment, discrimination, or any attempts to circumvent the Platform.

Anti-Harassment: You agree not to harass, threaten, or discriminate against any Trainer based on race, gender, religion, sexual orientation, or disability. FITHAUS reserves the right to terminate your Account immediately without refund if you violate this policy.

Photography and Video: You acknowledge that during training sessions, Trainers may request to photograph or video record the session for training analysis or promotional purposes. You are under no obligation to agree to this. If you do consent, you grant the Trainer and FITHAUS a royalty-free license to use your image and likeness in such media. If you do not wish to be filmed, you must explicitly inform your Trainer prior to the session.

Non-Circumvention and Exclusivity: You acknowledge that FITHAUS invests significant resources in marketing, vetting, and connecting Trainees with Trainers. You agree that for a period of sixty (60) months from the time you first identify or are identified by any Party through the Platform, you must use the FITHAUS Platform as your exclusive method to request, make, and receive all payments for fitness services with that Party.

Substantial Harm & Liquidated Damages: You acknowledge that a violation of this Non-Circumvention clause results in substantial and irreparable harm to FITHAUS, the value of which is difficult to calculate precisely. Therefore, you agree that if you solicit a Trainer or Client to pay or receive payment outside of the Platform, you shall be liable to pay FITHAUS a liquidated damages fee of up to $5,000.00 USD per violation, which represents a reasonable estimate of the marketing, vetting, and lost revenue costs associated with such a breach, and is not intended as a penalty. FITHAUS reserves the right to immediately terminate your Account and pursue all available legal remedies to recover these amounts.

9. INTELLECTUAL PROPERTY & COMMUNICATIONS

Content: The Platform and its original content are the property of FITHAUS and are protected by Canadian and U.S. copyright laws. You may not copy, modify, or distribute our content without written permission.

Consent to Communications: By providing your phone number, you expressly consent to receive non-marketing, transactional calls and text messages from FITHAUS and our Trainers regarding your scheduled sessions, billing, and account security. You may opt-out of these by replying “STOP.” You acknowledge that opting out of transactional messages may prevent you from receiving critical alerts about your sessions.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FITHAUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NO GUARANTEE OF TRAINER CONDUCT: WHILE FITHAUS VERIFIES THAT THIRD PARTY PROVIDERS (TRAINERS) HOLD VALID CERTIFICATIONS AND INSURANCE AT THE TIME OF ONBOARDING, FITHAUS DOES NOT GUARANTEE THE ONGOING SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD PARTY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY TRAINING SESSION REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY: FITHAUS, ITS AFFILIATES, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FITHAUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY: IN NO EVENT SHALL FITHAUS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO FITHAUS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

SCREENING DISCLAIMER: YOU UNDERSTAND THAT WHILE FITHAUS USES REASONABLE EFFORTS TO CONDUCT BACKGROUND CHECKS AND VERIFY CERTIFICATIONS OF THIRD PARTY PROVIDERS, BACKGROUND CHECKS ARE NOT FOOLPROOF. FITHAUS CANNOT AND DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION, NOR DOES IT GUARANTEE THAT A PARTICULAR THIRD PARTY PROVIDER WILL NOT ENGAGE IN FUTURE MISCONDUCT. FITHAUS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES ARISING OUT OF THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER, INCLUDING BODILY INJURY, DEATH, OR EMOTIONAL DISTRESS.

CALIFORNIA RESIDENTS (CIVIL CODE SECTION 1542): IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

JURISDICTIONAL LIMITATIONS: SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION

You agree to indemnify and hold harmless FITHAUS from any claims, damages, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of the rights of any third party (including Trainers).

12. GOVERNING LAW

For Residents of Canada/International: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.

For Residents of the United States: These Terms are governed by the laws of the State of Delaware (or the state where you reside if required by mandatory consumer law), without regard to conflict of law principles.

13. DISPUTE RESOLUTION – FOR CANADIAN USERS

Any dispute arising out of this agreement involving a Canadian resident shall be resolved in the courts of Toronto, Ontario.

14. DISPUTE RESOLUTION – FOR U.S. USERS (BINDING ARBITRATION)

PLEASE READ THIS CAREFULLY.

Binding Arbitration: Any dispute between you and FITHAUS shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). You are giving up your right to go to court and have a trial by jury.

Class Action Waiver: YOU AND FITHAUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. CONTACT INFORMATION

FITHAUS

Email: contact@fithaus.io

Phone: 1-888-682-0724

Mailing Address: 53 Dolomite Crt, Vaughan, ON, L4H 3J6