Master Commercial Terms of Service, Facility & Instructor Agreement, Indemnification, and Liability Release for Teams, Organizations, Facilities & Instructors.
Effective September 1, 2026Version 2026-09-01Ontario, Canada
By registering a commercial entity, facility pad, team account, league, or instructor profile on any website, mobile application, database, API, software interface, or digital service operated by the Company Group (collectively, the "Platform"), or by offering, listing, or executing any ice rental, athletic instruction, coaching session, tournament, or skill camp via the Platform, you (the "Commercial Provider," "Instructor," "Facility Operator," "Arena Schedulers," "Team," or "Organization") explicitly agree to be bound by the terms, conditions, disclaimers, and covenants set forth in this Master Agreement. If you do not unconditionally agree to these terms, you are strictly prohibited from offering services or utilizing the Platform.
Section 1: Independent Contractor Representations & Legal Status
1.1 Strict Independent Commercial Status
The Commercial Provider explicitly represents, warrants, and agrees that it operates as an independent business entity or independent contractor, and not as an employee, agent, partner, franchisee, or joint venturer of the Company Group. Nothing in this Agreement creates an employer-employee relationship between the Company Group and any Commercial Provider, trainer, coach, or rink employee.
1.2 Sole Operational Authority
The Commercial Provider retains full, exclusive control over the manner, means, methods, curriculum, safety precautions, and execution of all athletic instruction, facility operations, clinics, and team activities offered through the Platform.
AcknowledgementI represent and warrant that my business operates as an independent contractor/entity and assume sole responsibility for my legal methods and business operations.
The Commercial Provider represents and warrants that it maintains active, valid Commercial General Liability (CGL) insurance with a reputable insurer licensed in the jurisdiction of operation, with coverage limits of no less than $2,000,000 CAD per occurrence (or higher as dictated by municipal or facility lease agreements), covering participant bodily injury, property damage, and contractual liability. Upon request, the Commercial Provider shall add "Anytime Sports Inc." and "Anytime Hockey Inc." as Additional Insureds.
2.2 Certifications & Vulnerable Sector Screening
Instructors, coaches, and staff interacting with minor athletes explicitly represent and warrant that they hold valid, up-to-date national/provincial coaching accreditations, safe-sport training, first aid certifications, and clean Vulnerable Sector Screening (VSS) police record checks.
2.3 Facility Safety Compliance
Facility Operators represent and warrant that all ice surfaces, boards, glass, lighting, locker rooms, emergency exits, and ice-resurfacing equipment meet or exceed municipal, provincial, state, and industry safety standards.
AcknowledgementI warrant that I/my organization maintain active Commercial General Liability insurance ($2M+ CAD), valid coaching certifications, clean Vulnerable Sector Checks, and strict facility safety compliance.
3.1 Absolute Release for Facility Mechanical Failures
The Company Group operates solely as a digital booking software and marketplace utility. The Company Group exercises zero mechanical, physical, or operational control over participating arenas, ice pads, or complexes. THE COMPANY GROUP SHALL NOT BE HELD LIABLE OR FINANCIALLY RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR FACILITY-SIDE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO:
Refrigeration plant or chiller failures, brine leaks, or ice sheet melting/softening.
If a Facility Operator or Instructor cancels a scheduled ice slot due to mechanical breakdown, weather emergency, municipal recall, or scheduling conflict:
The Facility Operator and/or Instructor assumes 100% of the contractual obligation to credit, refund, or reschedule the affected end-user (parent, team, or instructor).
THE COMPANY GROUP IS STRICTLY RELEASED FROM REFUNDING CLIENT FEES OR PAYING COMPENSATORY DAMAGES FOR LOST TRAINING TIME, TRAVEL EXPENSES, HOTEL COSTS, TOURNAMENT DISQUALIFICATIONS, OR CONSEQUENTIAL BUSINESS LOSSES ARISING FROM FACILITY CANCELLATIONS.
Platform processing commissions collected at the time of original booking remain non-refundable by the Company Group, and must be absorbed or settled directly between the Facility Operator and the purchasing client.
3.3 Right to Relist Cancelled Inventory
When a facility cancellation or user drop-out occurs, the Platform reserves the immediate right to auto-broadcast and re-list available replacement slots across the open marketplace to mitigate open ice dead loss, without liability to the original booking party.
AcknowledgementI acknowledge that the Company Group is NOT liable for facility cancellations, mechanical failures, power outages, or ice plant breakdowns, and agree that the Facility/Instructor assumes full financial responsibility for client refunds and cancellations.
Section 4: Physical Injury Waiver & Assumption of Operational Risk
4.1 Assumption of Facility & On-Ice Hazards
The Commercial Provider acknowledges that sports instruction, facility operations, and competitive games carry inherent risks of severe physical injury, concussion, structural facility damage, and athletic accidents. The Commercial Provider assumes 100% of all operational risks associated with executing sessions booked through the Platform.
4.2 Release of Company Group
THE COMMERCIAL PROVIDER HEREBY FOREVER RELEASES, WAIVES, AND DISCHARGES THE COMPANY GROUP FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, OR LAWSUITS ARISING FROM ATHLETE INJURIES, FACILITY ACCIDENTS, EQUIPMENT BREAKAGE, OR PROPERTY DAMAGE OCCURRING BEFORE, DURING, OR AFTER ANY SESSION LISTED ON OR BOOKED THROUGH THE PLATFORM.
AcknowledgementI assume all operational risks regarding session execution and facility usage, releasing the Company Group from all athlete injury claims or property damage liability.
Section 5: Ratings, Reviews, Public Profiles & Moderation Dispute Rights
5.1 Public Review Hosting
The Commercial Provider acknowledges and agrees that parents, athletes, and team managers may submit ratings, star scores, written evaluations, and reviews regarding services rendered or facility quality. The Company Group hosts this content as a neutral platform provider and does not edit, endorse, or verify third-party user feedback.
5.2 Standard of Review Moderation
While the Company Group strictly prohibits malicious, profane, defamatory, or false reviews, the Commercial Provider accepts that honest, critical feedback regarding coaching performance, session value, punctuality, or facility conditions (e.g., ice quality, locker room cleanliness) does not constitute defamation.
The Commercial Provider maintains the right to flag any review deemed malicious or false. The Company Group reserves the absolute, unreviewable discretion to audit, hide, edit, or delete any review, or terminate the account of any user submitting bad-faith reviews. However, THE COMPANY GROUP IS UNDER NO CONTRACTUAL OBLIGATION TO REMOVE NEGATIVE REVIEWS THAT COMPLY WITH COMMUNITY STANDARDS.
5.4 Profile Removal & Service Termination
The Company Group reserves the right to immediately suspend or permanently remove the public profile and listing privileges of any Instructor, Team, Organization, or Facility that accumulates consistent pattern complaints, engages in unethical behavior, fails to maintain insurance, or breaches community guidelines, without financial penalty or refund of platform subscription fees.
AcknowledgementI accept the platform review ecosystem, acknowledge the dispute process, and agree that the Company Group holds absolute discretion over review moderation and account profile status.
Commercial Providers receive payouts, collect booking fees, and process client transactions through integrated third-party payment infrastructure (Stripe Connect). The Commercial Provider agrees to abide by Stripe's Connected Account Agreement and acknowledges that the Company Group is not liable for payout delays, merchant chargebacks, or banking holds enforced by payment processors.
The Commercial Provider agrees to the platform commission rates, service fees, and booking split structures established during onboarding. Platform commissions are automatically deducted at the point of sale prior to payout remittance.
6.3 Merchant Cancellation & Refund Obligations
If a Commercial Provider cancels a booked ice slot, skill clinic, or training session, the Commercial Provider is solely responsible for processing full client refunds or providing equivalent make-up time in accordance with platform refund protocols. The Company Group is not responsible for refunding platform transaction fees incurred due to Provider-initiated cancellations.
AcknowledgementI accept the platform fee structures, Stripe Connect processing terms, and agree to honor all booking commitments or fulfill client refund obligations for canceled sessions.
Section 7: Equipment Swap Marketplace & Digital Card Metric Evaluations
7.1 Instructor Metric Submissions
Instructors and coaches submitting athletic evaluations, skill ring scores, or metric rankings to an athlete's Digital Recruiting Card represent and warrant that all inputs reflect honest, objective athletic observations made in good faith. Instructors agree not to solicit fees, coercion, or kickbacks in exchange for falsified recruiting metrics.
7.2 Commercial Marketplace Listings
Teams, Organizations, or Facilities listing commercial merchandise, used arena gear, or team apparel on the Equipment Swap Marketplace warrant that they hold clear title to all items listed and that items meet current CSA, HECC, and manufacturer safety standards.
AcknowledgementI covenant to submit accurate, uncoerced athlete metrics for Digital Cards and warrant that all marketplace gear listed by my organization complies with certified safety standards.
Section 8: Canadian Data Protection & Confidentiality (PIPEDA Compliance)
8.1 Minor Data Confidentiality
The Commercial Provider acknowledges that through platform operations, it may gain access to sensitive personal data belonging to minor athletes and parents (including contact details, medical alerts, and skill evaluations). The Commercial Provider covenants to handle all minor data in strict compliance with Canadian privacy legislation (PIPEDA) and shall never export, sell, or scrape user data for unauthorized marketing networks.
8.2 Breach Notification
In the event of a data security compromise involving user details held within the Provider's systems, the Provider shall immediately notify the Company Group and cooperate fully in mitigating privacy risks.
AcknowledgementI covenant to maintain strict confidentiality regarding all parent and minor athlete data in compliance with PIPEDA, prohibiting unauthorized external data sharing or scraping.
The Platform, scheduling dashboard, API integrations, and facility calendar sync tools are provided strictly on an "AS IS" and "AS AVAILABLE" basis without guarantees of error-free performance, uninterrupted server uptime, or continuous real-time booking synchronization.
9.2 Exclusion of Consequential Business Damages
The Company Group shall not be held liable for any indirect, special, incidental, or consequential commercial damages—including lost booking revenue, double-booked ice pads, facility downtime, calendar sync errors, or reputational loss—resulting from software glitches, maintenance, or server outages.
9.3 COMPREHENSIVE COMMERCIAL INDEMNIFICATION
THE COMMERCIAL PROVIDER AGREES TO FULLY DEFEND, INDEMNIFY, AND HOLD COMPLETELY HARMLESS THE COMPANY GROUP FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LAWSUITS, LIABILITIES, DAMAGES, LOSSES, SETTLEMENT FEES, FINES, PENALTIES, AND EXPENSES (INCLUDING FULL SOLICITOR-AND-CLIENT LEGAL FEES) ARISING OUT OF OR RELATING TO:
Any injury, concussion, death, or property damage occurring during a session, clinic, or event operated, coached, or hosted by the Commercial Provider.
Any facility mechanical failure, ice plant breakdown, power outage, or scheduling cancellation initiated by the Facility or Instructor.
Any tax audit, assessment, back-tax liability, interest penalty, or fine levied by the Canada Revenue Agency (CRA), state department of revenue, or municipal tax authority relating to the Commercial Provider's gross sales or unremitted taxes.
Any breach by the Commercial Provider of any warranty, insurance requirement, or covenant in this Agreement.
Disputes between the Commercial Provider and parents, athletes, facility owners, or third-party vendors.
Allegations of misconduct, improper coaching, abuse, or negligence brought against the Provider or its staff.
AcknowledgementI accept the software "As-Is" disclaimer and agree to fully indemnify and defend the Company Group against all third-party lawsuits, tax liability assessments, facility mechanical claims, athlete injury suits, and legal costs arising from my commercial operations.
The Commercial Provider acknowledges and agrees that the revenue earned by the Company Group consists solely and exclusively of software platform usage fees, technology subscription fees, and transaction commissions charged to users or providers for access to the Platform. The Company Group acts strictly as a technology services provider and marketplace host, NOT as the merchant of record, seller, or reseller of the underlying athletic instruction, ice rentals, team registrations, or facility bookings.
10.2 Tax Obligations of the Company Group
The Company Group calculates, collects, reports, and remits federal, provincial, state, or local sales taxes (including Canadian Harmonized Sales Tax/Goods and Services Tax [HST/GST], Provincial Sales Tax [PST], or U.S. State Sales Taxes) ONLY on the Company Group's own platform fees, software subscriptions, and service commissions, charged in accordance with the tax laws of the applicable jurisdiction where the customer or business resides.
10.3 Sole Tax Liability & Remittance Responsibility of Commercial Provider
The Commercial Provider assumes 100% sole and exclusive financial and legal responsibility for:
Determining whether its total sales, gross income, or booking revenues require registration for HST/GST, PST, state, or local sales taxes in any jurisdiction.
Calculating, adding, and collecting all required sales, service, or value-added taxes on the total gross price of any session, ice slot, clinic, merchandise, or service listed or sold through the Platform.
Filing all required corporate income tax returns, sales tax returns, and information returns with federal (CRA/IRS), provincial, state, or municipal tax authorities.
Remitting 100% of all applicable taxes collected on its underlying sales directly to the appropriate government taxing authorities.
10.4 Non-Reporting & Absence of Tax Withholding
THE COMMERCIAL PROVIDER EXPLICITLY ACKNOWLEDGES THAT THE COMPANY GROUP DOES NOT AND WILL NOT REMIT PROVINCIAL, STATE, OR FEDERAL SALES TAXES ON BEHALF OF THE COMMERCIAL PROVIDER'S GROSS SALES VOLUME. THE COMPANY GROUP DOES NOT REPORT THE COMMERCIAL PROVIDER'S GROSS SALES AS COMPANY REVENUE, NOR DOES IT WITHHOLD SALES OR INCOME TAXES FROM PROVIDER STRIPE PAYOUTS.
10.5 Tax Indemnification
The Commercial Provider shall fully indemnify, hold harmless, and defend the Company Group from any tax audits, reassessments, unpaid sales tax claims, interest charges, penalties, or legal fees asserted against the Company Group by the Canada Revenue Agency (CRA), Internal Revenue Service (IRS), or any provincial/state tax tribunal arising out of the Commercial Provider's failure to properly register, collect, report, or remit taxes on its platform sales.
AcknowledgementI acknowledge that the Company Group ONLY collects and reports taxes on its own platform software fees/commissions. I assume 100% responsibility for calculating, reporting, and remitting all taxes on my total sales to government authorities, and hold the Company Group completely harmless from my tax liabilities.
Section 11: Severability & Governing Law
11.1 Severability
If any provision or sub-clause of this Master Agreement is held invalid, illegal, or unenforceable by an Ontario court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full legal force and effect.
11.2 Governing Law & Forum
This Agreement shall be governed exclusively by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to conflicts of law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in the Judicial District of Peel or Toronto, Ontario.
AcknowledgementI agree that this Agreement shall be governed exclusively by the laws of Ontario, Canada, and accept the jurisdiction of Ontario courts.
Acceptance
By creating a provider account, you certify that you are an authorized corporate officer, owner, or designated representative with full legal authority to bind the registered business, facility, team, organization, or instructor profile to this Master contract, have carefully read and understood each of the 11 sections above, and intentionally agree to be bound by all terms, waivers, insurance requirements, facility disclaimers, tax obligations, and indemnities contained herein.
