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------ Document 1 of 34 ------
ACCIDENT REPORT FOR (MEMBER)
(TO BE COMPLETED BY ACTING MANAGER)
Name of Club: _______________________________ Today's Date: ____ / ____ / ____
Club Address: __________________________________________________________
Name of person completing this form: _______________________________________
Your job description: _____________________________________________________
Date of Accident: ____ / ____ / ____ Time of the Incident: ____:____AM / PM
Name of Injured Person: ________________________________ Age: ____ Sex: ____
Injured Person's Address: _________________________________________________
City: ____________________________ State: ________ Zip: ____________________
Home Phone # ( ) ________________ Work Phone # ( ) _________________
How long has this person been a member of your club? _________________________
Describe the Accident Below (what happened?): _______________________________
______________________________________________________________________
______________________________________________________________________
Describe the Possible Injury (sprained ankle, cut, slip and fall, etc.): ________________
______________________________________________________________________
Describe the type of equipment involved (if applicable to the injury) and make any comments concerning the use of the equipment at the time of the accident. __________
______________________________________________________________________
List any type of treatment performed at the club or by a doctor (Include Doctor, Hospital Name, Address if applicable): ______________________________________________
______________________________________________________________________
Were there any witnesses to the incident? YES NO If yes, please have each witness write a brief statement about what happened on the back of this report and include their name and phone number below.
Witnesses #1 Name _____________________________ Phone # ________________
Witnesses #2 Name _____________________________ Phone # ________________
Manager’s Signature _____________________________________________________
Attachments to include: Copy of member's contract and/or guest registration.
------ Document 2 ------
ACCIDENT REPORT FOR (STAFF)
(TO BE COMPLETED BY ACTING MANAGER)
Name of Club: _______________________________ Today's Date: ____ / ____ / ____
Club Address: __________________________________________________________
Name of person completing this form: _______________________________________
Your job description: _____________________________________________________
Date of Accident: ____ / ____ / ____ Time of the Incident: ____:____AM / PM
Name of Injured Person: ________________________________ Age: ____ Sex: ____
Injured Person's Address: _________________________________________________
City: ____________________________ State: ________ Zip: ____________________
Home Phone # ( ) ________________ Work Phone # ( ) _________________
How long has this person been an employee of your club? _______________________
Describe the Accident Below (what happened?): _______________________________
______________________________________________________________________
______________________________________________________________________
Describe the Possible Injury (sprained ankle, cut, slip and fall, etc.): ________________
______________________________________________________________________
Describe the type of equipment involved (if applicable to the injury) and make any comments concerning the use of the equipment at the time of the accident. __________
______________________________________________________________________
List any type of treatment performed at the club or by a doctor (Include Doctor, Hospital Name, Address if applicable): ______________________________________________
______________________________________________________________________
Were there any witnesses to the incident? YES NO If yes, please have each witness write a brief statement about what happened on the back of this report and include their name and phone number below.
Witnesses #1 Name _____________________________ Phone # ________________
Witnesses #2 Name _____________________________ Phone # ________________
Manager’s Signature _____________________________________________________
To be place in Personnel File.
------ Document 3 ------
AUTHORIZATION TO RELEASE INFORMATION
(for Contractors only)
My signature on this application certifies that the statements below are true and complete. I authorize the Bank to verify or check any of the information given, including credit references and employment, and to obtain credit reports. I authorize the Bank to provide credit information about me and my account to others.
CONTRACTOR:
TYPE OF COMPANY: Corporation Sale Proprietorship Partnership
TAX ID/ SS#:
NAME OF OWNER:
CONTRACTOR'S LICENSE #:
TYPE OF LICENSE:
PRESENT ADDRESS:
PHONE #:
FAX #:
PREVIOUS ADDRESS:
BUSINESS BANK/CONTACT NAME:
PHONE #: FAX #:
COMMERCIAL CHECKING ACCOUNT #:
NAME OF INSURANCE AGENT:
PHONE#:
FAX#:
SIGNATURE: DATE:
------ Document 4 ------
Collection Letter 1
[Date]
[Debtor’s name]
[Street address]
[City, state zip]
Re: [Account number]
Dear [Debtor]:
JUST A REMINDER
Here’s a reminder that your account of $00.00 is overdue as of 12-12-00. Please pay this
account promptly. If you have already put the check in the mail, we apologize for the
inconvenience and thank you for your payment.
Sincerely,
[Title]
Bookkeeping/Accounting
----------
Collection Letter 2
[Debtor’s name]
[Street address]
[City, state zip]
Re: [Account number]
Dear [Debtor]:
YOUR IMMEDIATE ATTENTION IS NEEDED
This is the second reminder that you owe us $¬¬¬¬¬¬¬¬¬¬¬¬¬_________. Please pay
this account promptly. We would like to continue doing business with you, but we need
your cooperation and payment to do so.
Thank you for your prompt attention to this matter.
Sincerely,
[Title]
Bookkeeping/Accounting
----------
Collection Letter 3
[Company’s Name]
[Street Address]
[City, State Zip]
Re: [Account number]
Dear [Debtor]:
FINAL DEMAND NOTICE
Your failure to respond to our past correspondence and phone calls has left us no other
choice than to assume that you are accepting full responsibility for the additional
collection charges and/or attorney fees that may be applied to the unpaid balance on
your account.
Unless your account is brought current immediately by remitting the above amount, your
account will be assigned to a [collection agency or lawyer]. Once this assignment has
been made, the credit bureau will be notified of your default on this obligation.
Thank you for your prompt attention to this matter.
Sincerely,
[Title]
Bookkeeping/Accounting
------ Document 5 ------
CONSULTING AGREEMENT
This agreement is made and entered into as of [Start], by and between [Company One], [Company One Address], and [Consulting Company], [Consulting Company Address].
In consideration of the mutual covenants and agreements set forth herein, [Company One] hereby hires [Consulting Company], and [Consulting Company] hereby agrees to perform services as an independent contractor consultant for [Company One] as set forth herein.
1. TERM: The term of this contract is for [Length of Term] of work. This agreement shall terminate on [End Date] unless extended in writing by the parties. It is understood that said work and research will be conducted on and off-site when necessary and completed work may be sent and delivered through electronic sources when possible. Both parties upon mutual agreement may extend this agreement under the same terms and conditions. However, if this agreement is not extended under the same terms and conditions, [Consulting Company] will be compensated for additional time at a billable rate of [Hourly Rate] per hour.
2. CONSIDERATION: In consideration of the services of [Consulting Company], [Company One] will pay compensation for services rendered by [Consulting Company] as follows:
2.1 Total amount of compensation shall be [Contract Cost] for [Length of Term] of work. This amount shall be paid one-third at the time this agreement is signed by both parties, one third after 25 hours of work, and one third after 40 hours of work. As a way of keeping [Company One] informed of the hours worked, [Consulting Company] will submit an accounting of hours worked to [Company One] upon reaching each ten-hour increment.
3. LIABILITY: With respect to the services to be performed by [Consulting Company] pursuant to this agreement, [Consulting Company] will not be liable to [Company One] for any acts or omissions in the performance of his services, except when liability arises from [Consulting Company]’s negligence or willful misconduct. [Company One] shall hold [Consulting Company] harmless from any obligations, costs, claims, judgments, etc. arising from or growing out of the services rendered to [Company One] pursuant to the terms of the agreement, or in any way connected with the rendering of such servicing and/or the operations of [Company One] business located at [Company One Address], except as such arise from [Consulting Company] negligence or willful misconduct.
4. TERMINATION: If either party hereto breaches any of the terms or conditions of this Agreement, the other party may terminate this Agreement immediately upon written notice to the breaching party. Upon such termination, [Consulting Company] will submit an invoice to [Company One] for all services satisfactorily performed, in [Company One]‘s sole determination, and reimbursable expenses incurred and paid by [Consulting Company] up to the date of termination. If the termination is due to [Consulting Company]’s breach of this Agreement, an adjustment will be made in payment depending on the nature of the breach.
5. TRADE SECRETS: Any trade secrets or any other information of value relating to the business and/or field of interest of [Company One] that [Consulting Company] obtains through [Consulting Company]’s capacity with [Company One] during the term of this Agreement, or may have acquired through previous dealings with [Company One], shall be regarded as held by [Consulting Company] in a fiduciary capacity solely for the benefit of [Company One], its successors or assigns, and shall not at any time, either during the term of this Agreement, or thereafter, be disclosed, divulged, furnished or made accessible by [Consulting Company] to anyone, or be otherwise used by [Consulting Company], except in the regular course of [Consulting Company]'s providing services for [Company One] under this Agreement. Information shall for purposes of this Agreement be considered to be secret if not known by the public generally, even though such information may have been disclosed to one or more third parties pursuant to agreements entered into by [Company One]. Furthermore, any trade secrets or any other information of value relating to the business and/or field of interest of [Consulting Company] that [Company One] obtains through its [Company One] capacity with [Consulting Company] during the term of this Agreement, or may have acquired through previous dealings with [Consulting Company], shall be regarded as held by [Company One] in a fiduciary capacity solely for the benefit of [Consulting Company], its successors or assigns, and shall not at any time, either during the term of this Agreement, or thereafter, be disclosed, divulged, furnished or made accessible by [Company One] to anyone, or be otherwise used by [Company One] , except for in the regular course of [Company One]'s daily operation located at [Company One Address]. Information shall for purposes of this Agreement be considered to be secret if not known by the public generally, even though such information may have been disclosed to one or more third parties pursuant to agreements entered into by [Consulting Company].
[Consulting Company] shall not divulge any information to [Company One] pursuant to this Agreement that is the proprietary property of a third party. And [Company One] shall not divulge any information to [Consulting Company] pursuant to this Agreement that is the proprietary property of a third party.
6. MATERIALS OWNERSHIP: [Consulting Company] shall deliver all original text (including the CD’s/DVD or other media containing such text), tapes, artwork, and other items created or obtained for [Company One] under this Agreement, all of which shall be the sole property of [Company One] for the purposes of operating at [Company One Address].
7. INDEPENDENT CONTRACTOR: [Consulting Company] shall act solely as an independent contractor and nothing in this Agreement shall be construed to give [Consulting Company] the power or authority to act for, bind, or commit [Company One]. Nothing herein shall be construed to create the relationship of employer and employee, partnership, principal and agent, or joint venture between [Company One] and [Consulting Company]. Neither [Consulting Company] nor any of its staff members have the authority to represent or act on behalf of [Company One] without [Company One]’s prior written consent. [Consulting Company] shall not use or refer to, without [Company One]’s prior written consent, the name of [Company One] in any public statements, whether oral or written.
8. ENTIRE AGREEMENT: This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of [Consulting Company] by [Company One] and contains all of the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements orally or otherwise have been made by any party or anyone acting on behalf of any party, which are embodied herein and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing and signed by both parties and attached hereto, as an exhibit.
9. PARTIAL INVALIDITY: If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
10. GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of.
11. ATTORNEY FEES: In the event, action is commenced to enforce any provision of this agreement, the prevailing party shall be entitled to recover his costs of enforcement including reasonable court costs and/or attorneys fees.
Agreed to and accepted as of, _______ by and between [Company One] and [Consulting Company].
[Company One] [Consulting Company]
[Company One] Representative [Consulting Company] Representative
------ Document 6 ------
CROSSTRAINER RULES AND SIGN-UP INFORMATION
1.) You must sign up on the Crosstrainer "SIGN-IN SHEET"
prior to beginning your program. No exceptions.
2.) You must be present at the club to sign up. Advanced
appointments are not allowed.
3.) Your time allowance is thirty (30) minutes.
4.) You are not allowed to sign up for consecutive time slots. You may
sign up again only after you've finished your program.
5.) There is a five (5) minute grace period to use your time slot. If you
arrive late, you may use only the remaining time in your time slot, up
to twenty five (25) minutes.
DO NOT SPILL OVER INTO SOMEONE ELSE’S TIME SLOT.
6.) If you miss your turn, you must sign up in the next open time slot.
7.) If the person before you does not arrive within five (5) minutes of
his or her turn, you may take the remaining minutes in addition to your
own. (Example: 24 + 30 minutes = 54 minutes total.)
8.) Use the machine with common sense and courtesy. A towel is
required; please wipe down the Crosstrainer when finished.
ANYONE VIOLATING THESE RULES WILL BE SUSPENDED FROM USING THE CROSSTRAINERS.
YOUR COOPERATION CONCERNING THE ABOVE RULES WILL BE APPRECIATED BY ALL.
The Management
------ Document 7 ------
DAILY CLEANING DUTIES
FOR THE WEEK OF ______________
OPENING SHIFT
1. Turn on sauna
2. Wipe down front counters and desks
3. Clean tanning bed
4. Check whirlpool
5. Check toilet paper and paper towels
6. Spot check mirrors on aerobic floor
7. Clean front doors
AFTERNOON SHIFT
1. Wipe counter and straighten locker room
2. Check whirlpool and fill chlorine bucket
3. Vacuum equipment area
4. Check toilet paper and paper towels
5. Wipe down Life Cycles – handles, seats, frame, and read out board
6. Wipe down Treadmills & Crosstrainers – handles, frame, and read out board
7. Wipe down StairMasters – handles, frame, and read out board
8. Clean mirrors in locker room
9. Clean front door
CLOSING SHIFT – LOCKER ROOMS
1. Clean and scrub showers & mats
2. Check toilet paper and paper towels
3. Vacuum locker room floor
4. Clean sinks, toilets, counters, and mirrors
5. Check whirlpool and turn off sauna
CLOSING SHIFT – EXERCISE FLOOR
1. Clean mirrors on equipment floor
2. Wipe down Lifecycles, Crosstrainers and StairMasters
3. Wipe down and straighten equipment
4. Empty all garbage
5. Vacuum aerobic floor
6. Clean front door
------ Document 8 ------
MEMBER DATA CHANGE REQUEST
(Must be sent to the Main Office Daily)
Change of Name/Address/Phone Number
Name __________________________________________________________________
Address ________________________________________________________________
City _______________________________ State _________ Zip ___________________
Home Phone _________________________ Work Phone ________________________
_______________________________________________________________________
Easy Payment Plan - Banking Change
Payment shall be made in the following method. (check one)
CHECKING ACCOUNT (must attach voided deposit slip or check)
SAVING ACCOUNT
(Include bank name, and account number in space provided below)
Bank Name _____________________________________________________________
Account # _______________________________________________________________
CREDIT CARD (Circle One) MasterCard, Visa, American Express
(Include account number and expiration date in space provided below)
Card# ________________________________________ Expiration Date _____________
Signature _______________________________________________________________
Important Note: All changes in banking information will be effective on the first of the following month, provided that this Change Request is received prior to the 10th of this month.
_______________________________________________________________________
Request For Duplicate Membership Card
$10.00 Fee (Must be paid in advance, and attach old card if possible.)
Reason _________________________________________________________________
Fee $____________ Date _________________ By ______________________________
Name _______________________________________ Membership # _______________
Phone _______________________________ Height _________ Birth Date __________
------ Document 9 ------
Deferred Down Payment Letter
[Company’s Name]
[Street Address]
[City, State Zip]
[Phone]
[Date]
Re: [Account number]
[Debtor’s name]
[Street address]
[City, state zip]
Amount Due: [$XX.XX] Due Date: [Date]
Dear [Debtor]:
Congratulations for investing in your health and participating in our fitness program.
IMPORTANT: Above you will see when your down payment is due, and the amount. We want to make sure that you understand that this is a non-cancelable agreement, and your down payment must be made as stated in your membership contract.
Please write your membership number on your check and make payable to [Company’s Name] at the address below. If you have any questions, please feel free to contact us at [555-1234], between the hours of 9 a.m. and 5 p.m., Monday through Friday.
Thank you for your cooperation concerning this matter.
Sincerely,
Accounting Department
P.S. In order to help us keep a better accounting on your file, please do not pay the above amount at the club.
[Street Address]
[City, State Zip]
DEFERRED DOWN PAYMENT WORKSHEET
The following worksheet will assist you in making sure the Deferred Down Payment customers are doing what they promised to do. When closing a sale with a prospective customer, please ask for the Down Payment today, because tomorrow never comes and you know what that means (-0- Down Payment means -0- commission). Please make sure that both you and the customer understand that their failure to pay the Deferred Down Payment does in no way release them of their financial responsibility as detailed in their contract.
DATE M-SHIP # NAME HOME PHONE DEFERRED AMT. STAFF
------ Document 10 ------
Demand Letter
[Date]
[Debtor’s name]
[Street address]
[City, state zip]
Re: [Account number]
Balance Due:
Dear [Client],
Please be advised that the above-referenced indebtedness has been referred to my attention for immediate action.
The previous efforts of [Your Company] in soliciting your cooperation have proven unsuccessful. I suggest you contact your attorney at once concerning your legal liability concerning the above-referenced debt.
[Your Company] will assume this debt is valid unless you dispute its validity, or any portion thereof, within thirty (30) days from the date of this letter. Upon notification in writing that the debt, or any portion thereof, is disputed within this thirty (30) day period, [Your Company] will obtain verification of the debt and will mail you copies of the same.
If you fail to notify [Your Company] of any dispute regarding the validity of this debt within thirty (30) days from receipt of this letter, [Your Company] will assume this debt is valid and may notify a credit reporting agency of the debt delinquency, place the debt with a collection agency, and/or take legal action to collect the debt.
If any such legal action is taken and results in Judgment against you, a Writ of Execution may be issued against your attachable assets. Any legal action taken may result in additional expenses, including service of process and other court costs, thereby increasing your debt and overall financial obligation. In addition, the agreement between you and [Your Company] contains an attorneys' fees clause that specifies that the prevailing party to any legal action concerning this debt will be entitled to reasonable attorneys' fees in addition to any other award granted. If [Your Company] needs to resort to legal action to collect this debt, a request will be made that you be held liable for all such attorney's fees incurred.
In order to prevent the foregoing action, you must contact [Company Rep Name] within thirty (30) days from the date of this letter to make arrangements for the immediate payment of this debt. This person can be reached at the address shown above or [Phone Number] by telephone.
Sincerely,
[Company Rep Name]
------ Document 11 ------
EQUIPMENT INVENTORY LIST
Description of Item
(include make and model number)
Serial Number
Date Acquired
Vendor or Lessor
Cost
------ Document 12 ------
Out of Order
This Piece Of Equipment Is Temporarily Out Of Order
Parts Were Ordered ______________________________
Estimated Date Of Repair Is ________________________
We Apologize for Any Inconvenience This May Have Caused
------ Document 13 ------
Facility Closing
Dear Valued Members:
Due to circumstances beyond our control, we regretfully inform you that [Company Name] has closed. We appreciate every one of our members and are deeply sorry that we are no longer able to remain open. We care about you and want to make sure that all our members can continue to work out in a friendly, upbeat atmosphere.
To make sure you keep on track with your health and fitness goals, all current memberships have been transferred to [New Company Name] located at
123 Any Street USA
City, State Zip Code
(800) 555-1234
We are confident that [New Company Name] will be able to provide you with the same customer service and uplifting atmosphere that we have created at our club. Your current contract will be honored at [New Company Name], so you will incur no costs for this membership change. If you have any questions or concerns, please do not hesitate to call [New Company Name].
Please bring this letter and your photo ID, and [New Company Name] will gladly set up your membership card to continue your workouts. They will also be available to orient you to their facility and welcome you.
We cherish you as members and feel blessed to have served as your fitness facility. [Company Name] has been more than a fitness facility; it’s been a large family. We will miss you. Thank you once again for your loyalty and business throughout the years.
Sincerely,
[Company Name]
------ Document 14 ------
Facilities Signage
All sizes are quoted in inches and are only a recommendation. Signage should be adjusted to meet your specific needs, along with the color and sign material being complimentary to your facility.
WELCOME TO
[FACILITY NAME GOES HERE]
PLEASE PRESENT MEMBERSHIP
CARD & SCAN IN
BEFORE ENTERING
GUEST FEE $XX.00
(ONLY ONE VISIT PER MONTH)
18” X 24”
____________________
TOWEL REQUIRED
WHEN USING EQUIPMENT
3X8
____________________
PLEASE RINSE OFF
BEFORE ENTERING
WHIRLPOOL
5X14
____________________
NOT RESPONSIBLE FOR LOST
OR STOLEN ARTICLES
4X13
____________________
PLEASE
DO NOT FLUSH SANITARY
NAPKINS DOWN TOILET
3X15
____________________
MEMBERS
PLEASE DISPOSE OF
SANITARY OBJECTS IN
THE WHITE CONTAINER
ON WALL
5X9
NO LIFEGUARD
ON DUTY
9X20
____________________
EMPLOYEES
ONLY
4X9
____________________
SUN TANNING INFORMATION
1. EYE GOGGLES ARE RECOMMENDED
AND ARE PROVIDED FOR YOUR CONVENIENCE
2. CREAMS AND LOTIONS ARE NOT RECOMMENDED
3. FOR THE COURTESY OF OTHERS, PLEASE SPRAY AND
WIPE SUN TAN BED OFF WHEN FINISHED
THANK YOU
11X12
____________________
WHIRLPOOL
CAPACITY (XX)
9X12
____________________
ALL MEMBERS
MUST SIGN UP
PRIOR TO USING STAIRMASTERS
5X8
____________________
PLEASE PLACE
PROGRAM CARDS
HERE
WHEN FINISHED
9X11
____________________
PLEASE DRY OFF
IN THIS AREA
AFTER USING WHIRLPOOL
5X18
PLEASE DRY OFF
IN THIS AREA
AFTER USING SHOWER
5X18
____________________
WHIRLPOOL AREA
CLOSES AT
8:300 P.M
9X12
____________________
NO SPONGES
OR PUMICE STONES
ALLOWED
8X8
____________________
MAXIMUM
OCCUPANCY (XXX)
8X15
____________________
BATHING SUIT
REQUIRED
3X8
____________________
NO OILS OR LOTIONS
ALLOWED IN DRY SAUNA
OR WHIRLPOOL
4X10
____________________
DRY SAUNA
PLEASE DO NOT USE
WATER ON ROCKS
4X8
____________________
EMERGENCY
CALL 911
9X12
MEMBERS
IN ORDER TO CONSERVE WATER
PLEASE LIMIT YOUR SHOWERS TO FIVE (5) MINUTES
THANK YOU FOR YOUR COOPERATION
9X11
____________________
SPA RULES
ELDERLY PERSONS, PREGNANT WOMEN, INFANTS
AND THOSE WITH HEALTH CONDITIONS REQUIRING MEDICAL
CARE SHOULD CONSULT A PHYSICIAN BEFORE USING A SPA, SAUNA OR HOT TUB
UNSUPERVISED USE BY CHILDREN UNDER THE AGE OF 14
IS PROHIBITATED
HOT WATER IMMERSION WHILE UNDER THE INFLUENCE OF ALCOHOL, NARCOTICS, DRUGS, OR MEDICINE MAY LEAD TO SERVERE CONSEQUENCIES AND IS NOT RECOMMENDED
DO NOT USE ALONE
LONG EXPOSURES MAY RESULT IN NAUSEA, DIZZINESS OR FAINTING
20X16
____________________
ATTENTION
LOCKERS ARE FOR DAY USE ONLY
3X14
____________________
LOST AND FOUND
3X11
____________________
DON’T FORGET
SEND OUT INFORMATION PACKETS
TO NON-APPOINTMENT CALLS
1X4
____________________
GUEST SIGN IN
3X11
TELEPHONE
IS FOR
STAFF USE ONLY
5X8
____________________
CHANGING BOOTHS
5X8
____________________
WHIRLPOOL JETS
ON/OFF
3X5
____________________
PLEASE SHOWER
BEFORE ENTERING
WHIRLPOOL
5X16
____________________
SWIM SUITS
ARE REQUIRED
8X16
____________________
NOW TEACHING
[SUSAN]
CLUB LOGO GOES HERE
18X14
____________________
MENS
LOCKER ROOM
4X16
____________________
SUN TANNING ROOM
2X12
____________________
WOMENS
LOCKER ROOM
4X16
COMMUNITY ROOM
4X16
____________________
EMERGENCY
EXIT ONLY
3X10
____________________
CHILD CARE HOURS
MONDAY – THURSDAY…8-10 AND 5-9
FRIDAY…8-10 AND 5-9
SATURDAY…8-10 AND 5-7
SUNDAY…8-10
NO CHILDREN ALLOWED IN
THE CHILD CARE AREA DURING THE
AFTERNOON BREAK
$X.00 PER CHILD PER 1 ½ HOUR
.XX FOR ANYTHING OVER
20 VISIT DISCOUNT PASS
AVAILABLE FOR $XX.00
18X24
____________________
(FRONT DOOR SIGN)
WELCOME
TO
[BUSINESS NAME GOES HERE]
HOURS OF OPERATION
MONDAY – THURSDAY
8-10
FRIDAYS
8-8
SATURDAY & SUNDAY
8-5
------ Document 15 ------
Guest Sign In
Day ______________ Date ________________
RELEASE OF LIABILITY: In consideration of using [Company Name], being given an exercise program, and participating in program activities, I hereby release [Company Name] and its directors, officers, employees, agents, successors, and assigns from any and all claims, demands, actions, or causes of action whatsoever, and from any and all liability for any loss or property damage or personal injury of any kind, nature, or description, including death, that may arise or be sustained by me during or related to my participation in [Company Name]’s physical fitness programs. This release shall be binding upon my heirs, administrators, executors, and assigns. By signing below, I represent that I understand and agree to the terms of this release.
PLEASE PRINT CLEARLY
NAME CARD NUMBER EXPIRE DATE
_____ ______________ ____________
------ Document 16 ------
Independent Contractor Agreement
1) This Agreement is entered into as of the [Date Number] day of [Month], [Year], between [Company Name] (“the Company”) and [Service Provider’s Name] (“the Contractor”).
2) INDEPENDENT CONTRACTOR. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.
3) DUTIES, TERM, AND COMPENSATION. The Contractor’s duties, term of engagement, compensation, and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor, which is attached as Exhibit A. This estimate may be amended in writing from time to time or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, which collectively are hereby incorporated by reference.
4) EXPENSES. During the term of this Agreement, the Contractor shall bill and the Company shall reimburse the Contractor for all reasonable and approved out-of-pocket expenses incurred in connection with the performance of the duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Consultant in traveling to and from Company facilities shall not be reimbursable.
5) WRITTEN REPORTS. The Company may request that project plans, progress reports, and a final results report be provided by Consultant on a monthly basis. A final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time. The results report shall be in such form and setting forth such information and data as are reasonably requested by the Company.
6) INVENTIONS. Any and all inventions, discoveries, developments, and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company, and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments, and innovations conceived by the Contractor prior to the term of this Agreement and utilized by the Contractor in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive and may be assigned without the Contractor’s prior written approval by the Company to a wholly owned subsidiary of the Company.
7) CONFIDENTIALITY. The Contractor acknowledges that during the engagement the Contractor will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records, and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business, including, but not limited to, the Company’s business and product processes, methods, customer lists, accounts, and procedures. The Contractor agrees not to disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into the Contractor’s possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in the Contractor’s possession or under the Contractor’s control. The Contractor further agrees not to disclose the Contractor’s retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of the Contractor’s relationship to the Company and of the services hereunder.
8) CONFLICTS OF INTEREST; NON-HIRE PROVISION. The Contractor represents that the Contractor is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering the Contractor’s duties, shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which the Contractor does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much productive time, energy, and abilities to the performance of the Contractor’s duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Contractor shall not, directly or indirectly, hire, solicit, or encourage to leave the Company’s employment any employee, consultant, or contractor of the Company or hire any such employee, consultant, or contractor who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
9) RIGHT TO INJUNCTION. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character that gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
10) MERGER. This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity.
11) TERMINATION. The Company may terminate this Agreement at any time by 10 working days’ written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor.
12) INDEPENDENT CONTRACTOR. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
13) INSURANCE. The Contractor will carry liability insurance (including malpractice insurance, if warranted) relative to any service that the Contractor performs for the Company.
14) SUCCESSORS AND ASSIGNS. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
15) CHOICE OF LAW. The laws of the state of [State] shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties hereto.
16) ARBITRATION. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in [State] in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
17) HEADINGS. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
18) WAIVER. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
19) ASSIGNMENT. The Contractor shall not assign any of the Contractor’s rights under this Agreement, or delegate the performance of any of the Contractor’s duties hereunder, without the prior written consent of the Company.
20) NOTICES. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand, or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand, or other communication is to be given as follows:
i. If to the Contractor:
[Name]
[Street Address]
[City, State Zip]
ii. If to the Company:
[Name]
[Street Address]
[City, State Zip]
21) Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
22) MODIFICATION OR AMENDMENT. No amendment, change, or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
23) ENTIRE UNDERSTANDING. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
24) UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
25) IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
[Company Name] [Contractor’s Name]
By: By:
------ Document 17 ------
Independent Contractor or Employee?
Which is the right one?
For federal tax purposes, this is an important distinction. Worker classification affects how you pay your federal income tax, social security and Medicare taxes, and how you file your tax return. Classification affects your eligibility for employer and social security and Medicare benefits and your tax responsibilities. If you aren’t sure of your work status, you should find out as soon as possible.
The courts have considered many facts in deciding whether a worker is an independent contractor or an employee. These relevant facts fall into three main categories:
behavioral control
financial control and
relationship of the parties.
In each case, it is very important to consider all the facts – no single fact provides the answer. Carefully review the following definitions.
Behavioral Control - These facts show whether there is a right to direct or control how the worker does the work. A worker is an employee when the business has the right to direct and control the worker. The business does not have to actually direct or control the way the work is done – as long as the employer has the right to direct and control the work. For example: Instructions – if you receive extensive instructions on how work is to be done, this suggests that you are an employee. Instructions can cover a wide range of topics, for example: How, when, or where to do the work, what tools or equipment to use what assistants to hire to help with the work, where to purchase supplies and services. If you receive less extensive instructions about what should be done, but not how it should be done, you may be an independent contractor. For instance, instructions about time and place may be less important than directions on how the work is performed with training about required procedures and methods, this indicates that the business wants the work done in a certain way, and this suggests that you may be an employee.
Financial Control - These facts show whether there is a right to direct or control the business part of the work. For example: Significant Investment – if you have a significant investment in your work, you may be an independent contractor. While there is no precise dollar test, the investment must have substance. However, a significant investment is not necessary to be an independent contractor. Expenses – if you are not reimbursed for some or all business expenses, then you may be an independent contractor, especially if your unreimbursed business expenses are high. Opportunity for Profit or Loss – if you can realize a profit or incur a loss, this suggests that you are in business for yourself and that you may be an independent contractor.
Relationship of the Parties - These are facts that illustrate how the business and the worker perceive their relationship. For example: Employee Benefits – if you receive benefits, such as insurance, pension, or paid leave, this is an indication that you may be an employee. If you do not receive benefits, however, you could be either an employee or an independent contractor. Written Contracts – a written contract may show what both you and the business intend. This may be very significant if it is difficult, if not impossible, to determine status based on other facts.
The status of a worker as an employee of a company rather than an independent contractor is important for determining who is to pay the payroll taxes or to wage withholding taxes. If the worker is considered an independent contractor, then the employer would not withhold any taxes from the independent contractor's payments. The employer would provide the independent contractor with gross sums and would submit a 1099 tax form to the IRS reflecting its payments to the Independent Contractor. It would be the Independent Contractors responsibility to maintain its own records and file its forms independently.
If the worker is considered an employee, then the employer is responsible for paying social security, Medicare, and unemployment (FUTA) taxes on the wages. The employer must provide a Form W-2, Wage and Tax Statement at the end of the year, showing the amount of taxes withheld from the employees pay.
Visit the IRS web site at, http://www.irs.gov/businesses/small/article/0,,id=99921,00.html for more detailed information on this subject.
------ Document 18 ------
Making Your Business Legal
Use the following checklist to ensure you have covered the bases when it comes to making your business legal and accessible.
Business name
Say the name aloud to make sure it is easily understood and pronounced.
Have the name pass muster - including a spelling test - with your family and friends.
Check your local Yellow Pages and business authority to make sure the name is available.
Do a trademark search.
Register your trademark.
File your DBA (doing business as).
Business licensing
Obtain a city business permit.
Determine whether you need professional licensing from your state.
Inquire as to any other permits you might need, including a fire inspection or sign permit.
Determine the proper amount of sales tax you need to collect and obtain a "seller's permit."
Other legal tasks
Determine if your neighborhood is zoned for home businesses and if you need to be aware of any regulations (parking, signage, etc.).
Find an attorney who specializes in small businesses.
Decide which business structure (sole proprietorship, partnership, corporation, limited liability partnership, limited liability company) you desire for your business, and contact your attorney to get the paperwork underway.
If you plan to hire employees, obtain an employer ID from the IRS and any forms you and your employees need to fill out. (Also inquire at your local INS office for an Employment Eligibility Verification form [Form I-9], which proves your employees have the legal right to work in the United States.)
------ Document 19 ------
Member Cancellation Request - Form
Notice of cancellation must be submitted be in writing to [Company Name], or delivered in person, or mailed via registered or certified U.S. mail to the [Company Name and Address], attention: Member Services.
First Name ____________________________ Last Name _________________________________
Home Address ___________________________________________________ Apt. ____________
City _______________________ State ________ Zip _________ Primary Phone ______________
Preferred Date of Cancellation (mm/dd/yyyy) _______________________________________________________
Fax # or E-mail Required for Confirmation _________________________________________________________
CANCELLATION – For members who have completed the minimum term of their membership contract, all cancellation requests require a thirty (30) day written notice.
Reason for Cancellation
Affordability Relocation. New Address: _______________________________
Not Enough Time Joined Another Club. Please Name: ______________________ Why? _________________________________________________
Inconvenient Location
Medical
Other: ____________________________________________________________________
CANCELLATION – For members who have not completed their minimum term of their membership contract.
XX-Day Cancellation - You may cancel your membership without penalty or further obligation within XXX (X) days from your join date. Such notice shall be accompanied by your copy of the Membership Agreement and any evidence of membership previously delivered to the member. All monies paid pursuant to this agreement shall be refunded within XXX (XX) business days of receipt of such notice of cancellation.
Relocation - You may cancel your membership if you move your residence more than
(XX) miles from the facility. This situation requires written verification, which consists of a copy of a new lease, utility bill or bank statement. Dues charged during the month of cancellation will not be pro-rated.
Medical - You may cancel your membership if you have a medical situation in which a doctor will not allow you to exercise. This situation requires written verification, which consists of a detailed letter from a doctor. Dues charged during the month of cancellation will not be prorated.
By signing below, I acknowledge that I have carefully read this form, that submission of this form does not guarantee a refund, and that all refunds and cancellations are subject to the terms outlined on this form and on the reverse of the Membership Agreement.
Signature ________________________________ Date __________________________
------ Document 20 ------
MEMBER RELATIONS FORM
All requests must be made in writing and mailed to [Company Name] [Address].
Please submit all questions, comments and/or requests to the above address. All correspondence must be received at the above address by the 10th of any month in order to have any action taken the next month. The following is part of your Membership Agreement and members are responsible for observing and complying with the following:
Membership Hold:
If your request is due to temporary physical disability and you submit a physician's report, you will not be charged monthly dues during your membership hold. Request must be for a minimum of one (1) month, not to exceed six (6) months. Upon completion of your membership hold, your monthly dues will resume at the rate outlined in your Membership Agreement. (Ask us for an Attending Physician’s Statement.)
Transfers:
To Another Person - The person to whom you are transferring must be at least 18 years of age. He or she will be required to sign a new membership agreement and agree to take over your remaining minimum payment obligation, provide new banking information, and pay a $25.00 card and processing fee. If your account is paid in full, the person to whom you are transferring your remaining time will be required to pay only the card and processing fee.
To an Affiliate Club - If you travel or move to another area, [Company Name] will provide you with a list of affiliate clubs. You can usually attend affiliate clubs for up to thirty (30) days without permanently transferring. If your visit is more than thirty (30) days or you have moved, you will need to contact the affiliate club management to request a permanent transfer. Upon your permanent transfer to an affiliate club, your minimum monthly dues obligation will continue to be paid to [Company Name] as scheduled in your membership agreement.
To [Company Name] from an Affiliate Club - Your home base club must be more than 25 miles from a [Company Name] location. A written transfer request and a copy of your contract from your home base club must be received and approved by [Company Name] at the above address prior to your transfer completion. You may use the [Company Name] facilities for 30 days while your paper work is being processed. A 30-day validation sticker will be placed on your membership card, which must be presented on each visit. [Company Name] will honor up to a maximum of 24 months time from when you originally joined your home base club. Under some conditions, you may be charged a $25.00 processing fee and you may be required to pay [Company Name]’s current monthly dues.
Convertibility:
Upon request, your short term Regular Membership may be converted to a lower dues long term Regular Membership. The time that has expired on the original membership will be subtracted from the new membership agreement. Requests received prior to the 10th of the month will take place the following month, providing all dues and fees are current.
Cancellations:
Within 72 Hours of Joining - Please see "Notice to Buyer" on the front of your membership agreement.
After 72 Hours of Joining - Before completion of minimum term as set forth in your membership agreement, for any reason, other than moving or physical disability, you will be charged a $50 cancellation fee and an additional $10.00 for each month remaining on your membership term. The total of these two (2) amounts must be paid in full in order for the early cancellation to take effect.
After Minimum Term - As set forth in your membership agreement, a 30-day written request and return of your membership card is required.
Move Out of Area - Your move must be more than 25 miles from [Company Name] or affiliate club location. You must send [Company Name] verification of your new address (i.e. copy of lease agreement or utility bill), along with a $50.00 cancellation fee. If you have prepaid any dues payments (excluding registration fee), we will promptly send you a prorated refund. If you are making monthly payments, all dues and fees must be current at the time of your request.
Permanent Disability - To qualify for a disability cancellation, your disability must be of a permanent nature and prevent you from using any of the [Company Name] facilities and your condition must be verified by a physician's report. (Ask us for an Attending Physician’s Statement.)
If you need further assistance on any of the above items, please feel free to contact the club management and they will gladly assist you.
------ Document 21 ------
MEMBER SIGN IN
Day ______________ Date ________________
RELEASE OF LIABILITY: In consideration of using [Company Name], being given an exercise program, and participating in program activities, I hereby release [Company Name] and its directors, officers, employees, agents, successors, and assigns from any and all claims, demands, actions, or causes of action whatsoever, and from any and all liability for any loss or property damage or personal injury of any kind, nature, or description, including death, that may arise or be sustained by me during or related to my participation in [Company Name]’s physical fitness programs. This release shall be binding upon my heirs, administrators, executors, and assigns. By signing below, I represent that I understand and agree to the terms of this release.
PLEASE PRINT CLEARLY
NAME / CARD NUMBER / EXPIRE DATE
------ Document 22 ------
NON-COMPETITION AGREEMENT
IN CONSIDERATION OF EMPLOYMENT AND OTHER VALUABLE CONSIDERATION that is acknowledged, the undersigned, , (hereinafter “Employee”) shall not engage in a business in any manner similar to, or in competition with, [Company Name] (hereinafter the “Company”) or the Company’s affiliated businesses during the term of his or her employment.
Furthermore, the Employee shall not engage in a business in any manner similar to, or in competition with, the Company’s business for a period of one (1) year from the date of termination of his or her employment with the Company.
For the purpose of this agreement, the Employee shall be regarded as engaging in a “business in any manner similar to, or in competition with, the Company’s business” if, directly or as an independent contractor or employee of any business, the Employee is engaged in the business of [business description] or such other business or businesses as the Company is engaged in either individually or as part of some other business entity or affiliate during the term of the Employee’s employment by the Company.
The Employee shall not request any customers of any business then being conducted or contemplated by the Company or its affiliates to curtail or cancel their business with the business or its affiliates.
The Employee shall not disclose to any person, firm, or corporation any trade, technical or technological secrets, any details of organizations or business affairs, any names of past or present customers of the Company or its affiliates, or any other information relating to the business or businesses or their affiliates.
The Employee shall not solicit, canvass, or accept any business or transaction for any other person, firm, corporation, or business similar to any business of the Company or its affiliates to terminate employment with the Company or its affiliates or to enter into any employment or other business relationship with any other person (including the Employee), firm, or corporation.
The Employee shall not act or conduct himself or herself in any manner that he or she shall have reason to believe is inimical or contrary to the best interests of the Company or its affiliates.
The Employee shall not perform any act in violation hereof through any other person or entity, or through any plan, scheme, or design calculated to circumvent the requirements hereof.
The Employee acknowledges and agrees that the above restriction is reasonable as to duration and that it is fully enforceable and waives any objection thereto and covenants to institute no suit or proceeding or otherwise advance any position or contention to the contrary.
The Employee recognizes that immediate and irreparable damage will result to the Company if the Employee breaches any of the terms and conditions of this agreement and, accordingly, the Employee hereby consents to the entry of temporary, preliminary, and permanent injunctive relief by any court of competent jurisdiction against him or her to restrain any such breach in addition to any other remedies or claims for money damages that the Company may seek; and the Employee agrees to render an equitable accounting of all earnings, profits, and other benefits arising from such violations; and to pay all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be cumulative.
The Employee represents and warrants to the Company that his or her experience and capabilities are such that he or she can obtain employment in business without breaching the terms and conditions of this agreement and that his or her obligations under the provisions of this agreements (and the enforcement thereof by injunction or otherwise) to prevent him or her from earning a livelihood.
The existence of any claim or cause of action of the Employee against the Company, whether predicated on this agreement or otherwise, shall not constitute a defense to the enforcement by the Company of this covenant.
In the event that the Employee is in breach of any of the provisions of this agreement as set forth above, the period of proscription from doing the act or acts that constitute a breach of this agreement shall be extended for a period of three (3) years from the date that the Employee ceased, whether voluntarily or by court order, to engage in or do said actions.
The Employee recognizes and agrees that the Company does not have a remedy at law adequate to protect the Company’s rights and interests set forth in this agreement, and the Employee, therefore, agrees that the Company shall have the right to an injunction enjoining the Employee from violating the provisions of this agreement. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach.
If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the Employee agrees to pay the Company reasonable attorney fees, costs, and necessary disbursements, in addition to any other relief an/or damages to which the Company may be entitled.
In the event that a court of competent jurisdiction determines that this covenant not to compete is unenforceable in whole or in part for any reason, including, without limitation, the duration, scope, and remedies set forth above, then same shall not void, but rather shall be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in that form by the parties hereto.
Service of all notice under this agreement shall be sufficient if made by registered mail to the specific party involved herein at his or her respective address hereinafter set forth or as such party may provide from time to time in writing:
For the Company:
For the Employee:
This agreement constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, understandings, and agreements, whether oral or written, of any nature whatsoever with respect to the term of employment that is the subject matter hereof, and there are no representations, warranties, understandings or agreements other than those expressly set forth herein between the Company and the Employee.
This agreement is not to be changed, modified, or terminated unless it is changed in writing, and signed by the parties hereto.
The validity, interpretation, construction, and enforcement of this agreement shall be governed by the laws of the State of [STATE NAME].
The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereto, and the agreement shall be construed in all respects as though such invalid or unenforceable provision were omitted.
IN WITNESS WHEREOF, the parties hereto acknowledge, understand, and agree to this agreement. The parties understand and intend to be bound by all of the clauses contained in this document and further certify that they have received signed copies of this agreement on this date.
Employee:
For the Company:
Notary Public:
ACKNOWLEDGMENT
This acknowledgment shall be attached to and considered part of the employment agreement executed on this date by and between the Company and the Employee, .
The Employee recognizes, understands, and specifically agrees to the one (1) year restrictive covenant contained in the foregoing agreement. The Employee further acknowledges that said one (1) year restrictive covenant set forth therein is reasonable.
I UNDERSTAND AND AGREE THAT I WILL NOT COMPETE IN ANY MANNER AGAINST THE COMPANY, DIRECTLY OR INDIRECTLY, FOR A PERIOD OF ONE (1) YEAR FROM THE TIME I LEAVE, VOLUNTARILY OR BY TERMINATION, THE EMPLOYMENT OF THE COMPANY.
I understand that my employment with the Company is absolutely conditioned upon the execution of this Acknowledgment and agreement. I have fully read, and I understand and agree to be bound by the attached agreement and this Acknowledgment. I, , hereby further acknowledge and confirm that I have read and understand the foregoing agreement. I understand that I have the right and the time to have this agreement reviewed by the legal counsel of my choice but decline to do so.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the Employee has set his or her hand and seal on this day of , 20 , and hereby acknowledges, understands, and agrees to the above.
Employee:
Notary Public:
------ Document 23 ------
EMPLOYMENT TRADE SECRET AND NON-DISCLOSURE AGREEMENT
This Agreement is entered into in [City], [State] [Zip], on [Date], by and between [Company Name] (hereinafter “Company”), and [Employee Name], an Individual, (hereinafter “Employee”).
RECITALS
A. Company has agreed to hire Employee as an employee of the Company.
B. As an integral part of the relationship to be created between Company and Employee, Employee will become privy to confidential information and trade secrets, as more fully defined below.
C. The dissemination by Employee of any such confidential information and/or trade secrets to third party persons not directly affiliated with Company, or to persons affiliated with Company who are not entitled to receive such information and/or trade secrets, is harmful and damaging to the interests of Company.
WHEREFORE, in consideration of the Recitals above, Employee’s employment, and the promises set forth below, Employee agrees as follows:
DEFINITIONS
TRADE SECRETS:
A trade secret is any information, process, or idea that is not generally known in the industry that Company considers confidential. Examples of trade secrets include:
Computer program listings, source code, and object code.
All information relating to programs now existing or currently under development by the Company, including but not limited to flow charts, design statistics, specifications, evaluations, test results, and beta test results.
Vendor and/or customer lists and records.
Programming techniques and development tools.
Management tools and problem solving techniques.
Employee understands that the above list is intended to be illustrative and that other trade secrets, which shall also be held confidential, may currently exist or arise in the future. In the event that Employee is not sure whether certain information is a trade secret, Employee shall treat that information as confidential and a trade secret unless Employee is informed by Company to the contrary.
Employee agrees to surrender to Company all notes, records, and documentation that was used, created, or controlled by Employee during employment upon termination of that employment. Also, subsequent to termination of employment, Employee agrees to not use any trade secrets, learned or obtained by Employee, while in Company’s employ.
PROHIBITED PERSONS:
Any person (I) not directly affiliated with the Company who in the normal scope of such affiliation has access to or the authority to access the Trade Secrets, (II) the general public, and (III) any persons or entities in competition with Company.
NO DISCLOSURE OF TRADE SECRETS:
Employee agrees not to disclose to any Prohibited Persons any Trade Secrets, directly or indirectly, and whether for compensation or no compensation, without the express written consent of the Company. Any such written consent shall be strictly construed in its scope and interpretation against disclosure of Trade Secrets, shall be strictly construed in its scope to maximize the definition of Prohibited Persons, and shall be strictly construed in its scope to limit the amount of information that constitutes Trade Secrets.
DAMAGES AND REMEDIES:
Employee acknowledges that a violation of the terms of this Agreement will cause damage and harm to Company, including but not limited to loss of competitive advantage, loss of revenue, increase in costs, and other harm not yet ascertainable to Company and to Employee. Employee acknowledges that any such damages set forth above will be difficult if not impossible to calculate in monetary terms and will be irreparable to Company. Employee agrees that in the event of a breach of this Agreement, Employee will not oppose a request for equitable relief, including any affirmative temporary restraining order, with or without notice; any preliminary injunction; and/or a permanent order to enjoin any further violations of the Agreement, in addition to any prayer for monetary relief for damage suffered by Company.
Employee agrees that upon written notice from Company declaring a breach of this Agreement Employee shall immediately cease all further activities that are, or are claimed by Company to be, a breach of this Agreement.
Employee agrees to notify Company in writing if Employee has, or will in the immediate future have, business or another contact with any competitor of Company, including the name of such competitor, the name of the contact person of such competitor that is in direct contact with Employee, and a description of the actual or contemplated business activities in which Employee and such Competitor are engaged or will be engaged in. Employee herewith gives the Company permission to contact such Competitor to give such Competitor notice of the terms of this Agreement, including giving such Competitor a copy of this Agreement.
DURATION OF THIS AGREEMENT
The length of time this Nondisclosure Agreement is to remain in effect is indefinitely or until released in writing by Company.
ADDITIONAL TERMS
All notices to be given to Employee shall be directed to the last known address of Employee as shown in Employee’s personnel file.
MISCELLANEOUS
GOVERNING LAW
This Agreement shall be construed under the laws of the State of [State Name].
SUCCESSORS AND ASSIGNS
This Agreement shall insure to the benefit of, and shall be held accountable against, all heirs, successors, and assigns to the parties hereto.
SEVERABILITY
In the event any part of this Agreement is held to be void, voidable, or unenforceable for any reason whatsoever, the remainder of this Agreement not held void, voidable, or unenforceable by the court shall remain in full force and effect.
COUNTERPARTS
This Agreement may be executed in counterparts. If executed in counterparts, each shall be deemed an original, and all, taken together, shall constitute one and the same instrument.
The parties have executed this Agreement on the date first written above.
[Company Name]By: [Company Name] Representative
------ Document 24 ------
Now Hiring - Members! Your help is needed!
We have a full-time Assistant Manager position available. Hours are flexible.
This person would be responsible for managing the front desk, giving tours to prospective new members, handling client relations, and other important duties. If you have a friend who would be interested in this position, please have him or her contact [name] at the front desk.
Should this person be hired based on your referral, we will gladly reward you with a $200 Gift Certificate to a store of your choice. The certificate will be mailed to you after this person goes beyond the 30-day probation period.
Thank you in advance for your help and assistance.
------Document 25 ------
PHOTOGRAPHY RELEASE
The undersigned does hereby permit______________________to photograph:
of (NAME)___________________________ (CITY), (STATE)
, for the purpose of and do agree to the use and publication of the negatives, prints, and/or video work produced.
Permission Granted_____________________________________________
(SIGNATURE)
If the subject is a minor or unable to sign, permission is granted by:
Name ___________________
Relationship __________________
Permission Granted
(SIGNATURE)
Date __________
Witness __________
------ Document 26 ------
Consent Form and Photo Release
At XYZ Gym, we are looking forward to the success of your son and/or daughter with
their athletic endeavors. We are here to support your athlete in any chosen endeavor.
We are sending you this parental consent form to both inform you and to request
permission for your athletes photo/image and personal identifiable information
to be published on our website and/or any other athletic website.
As you are aware there are potential dangers associated with the posting of personal
identifiable information on a web site since global access to the Internet does not
allow us to control who may access such information. These dangers have always
existed; however, we as fitness professionals do want to celebrate your athlete’s
work. The law requires that we ask for your permission to use information about
your athlete.
Pursuant to the law will not release any personal identifiable information without
written prior consent from you as a parent or guardian.
Personal identifiable information includes athletes name, photo and/or image,
residential address, email address, phone numbers, and locations and times of athletic
events they may have participated in.
If you as a parent and/or guardian wish to resend this agreement you may do so
at any time by writing a letter to the Fitness Director/Performance Coach at XYZ Gym,
1234 Center St., City, ST Zip Code, and such rescission will take effect immediately
upon receipt by Forma Gym.
Check one of the following choices:
I/We grant permission for a photo/image that includes this athlete without any
other personal identifiers to be published on the XYZ Gym website.
I/We grant permission for the athletes’ photo image and name to be published
on the XYZ Gym website and/or public athletic website.
I/We grant permission for the athletes’ photo/image and all personal identifiers
listed above to be published on the XYZ website and/or public athletic website.
I/We do not grant permission for photo image that includes this athlete to be
published on the XYZ Gym website and or any other athletic public website.
Athlete Name (Please Print) ___________________________________________________
Parent and Guardian (Please Print) _____________________________________________
Signature of Athlete _______________________________ Date ______________________
------ Document 27 ------
GENERAL POWER OF ATTORNEY
I, [NAME], residing at [ADDRESS], hereby appoint [APPOINTEE NAME] of [APPOINTEE ADDRESS] as my Attorney-in-Fact ("Agent").
If my Agent is unable to serve for any reason, I designate [APPOINTEE 2 NAME], residing at [APPOINTEE 2 ADDRESS], as my successor Agent.
I hereby revoke any and all general powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.
My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:
1. Open, maintain, or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions.
a. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation, or political entity.
b. Perform any act necessary to deposit, negotiate, sell, or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities.
c. Have access to any safe deposit box that I might own, including its contents.
2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income-producing or non-income-producing assets and property.
3. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person.
4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity.
5. Enter into binding contracts on my behalf.
6. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments.
7. Maintain and/or operate any business that I may own.
8. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents.
9. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future.
10. Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to:
a. Prepare, sign, and file income and other tax returns with federal, state, local, and other governmental bodies.
b. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).
c. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).
11. Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving. However, my Agent may not make gifts of my property to the Agent.
12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer.
13. Disclaim any interest, which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner. Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.
I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document. My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if any authorized personal representative or fiduciary acting on my behalf requests.
This Power of Attorney shall become effective immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated , 20____ at .
YOUR SIGNATURE
YOUR PRINTED FULL LEGAL NAME
WITNESS'S SIGNATURE
WITNESS'S PRINTED FULL LEGAL NAME
WITNESS'S SIGNATURE
WITNESS'S PRINTED FULL LEGAL NAME
ACKNOWLEDGMENT:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _____ day of , 20____ by , who is personally known to me or who has produced as identification.
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
NAME TYPED, PRINTED, OR STAMPED
TITLE OR RANK
SERIAL NUMBER (IF APPLICABLE)
This document was prepared by:
Name:
Address:
------ Document 28 ------
GENERAL POWER OF ATTORNEY - Release
WRITTEN NOTICE TO MY AGENT
I, ,am hereby canceling the Power of Attorney that was granted by me on to .
I hereby revoke any and all general powers of attorney that previously have been signed by me.
Dated , at ,
YOUR SIGNATURE:
YOUR PRINTED FULL LEGAL NAME:
------ Document 29 ------
STAIRMASTER RULES AND SIGN-UP INFORMATION
1.) You must sign up on the StairMaster "SIGN-IN SHEET"
prior to beginning your program. No exceptions.
2.) You must be present at the club to sign up. Advanced
appointments are not allowed.
3.) Your time allowance is thirty (30) minutes.
4.) You are not allowed to sign up for consecutive time slots. You may
sign up again only after you've finished your program.
5.) There is a five (5) minute grace period to use your time slot. If you
arrive late, you may use only the remaining time in your time slot, up
to twenty five (25) minutes.
DO NOT SPILL OVER INTO SOMEONE ELSE’S TIME SLOT.
6.) If you miss your turn, you must sign up in the next open time slot.
7.) If the person before you does not arrive within five (5) minutes of
his or her turn, you may take the remaining minutes in addition to your
own. (Example: 24 + 30 minutes = 54 minutes total.)
8.) Use the machine with common sense and courtesy. A towel is
required; please wipe down the StairMaster when finished.
ANYONE VIOLATING THESE RULES
WILL BE SUSPENDED FROM USING THE STAIRMASTERS.
YOUR COOPERATION CONCERNING THE ABOVE RULES WILL BE APPRECIATED BY ALL.
The Management
------ Document 30 ------
OWNER’S CHECKLIST FOR STARTING A NEW BUSINESS
BACKGROUND WORK
Assess your strengths and weaknesses
Establish business and personal goals
Assess your financial resources
Identify the financial risks
Determine the start-up costs
Decide on your business location
Do market research
Identify your customers
Identify your competitors
Develop a marketing plan
BUSINESS TRANSACTIONS
Select a lawyer
Choose a form of organization (proprietorship, partnership, corporation)
Create your business (register your name, incorporate the business, etc.)
Select an accountant
Prepare a business plan
Select a banker
Set up a business checking account
Apply for business loans (if applicable)
Establish a line of credit
Select an insurance agent
Obtain business insurance
FIRST STEPS
Get business cards
Review local business codes
Obtain a lease
Line up suppliers (if applicable)
Get furniture and equipment
Obtain a business license or permit (if applicable)
Get a federal employer identification number (if applicable)
Get a state employer identification number (if applicable)
Send for federal and state tax forms
Join a professional organization
Set a starting date
------ Document 31 ------
TREADMILL RULES AND SIGN-UP INFORMATION
1.) You must sign up on the treadmill "SIGN-IN SHEET"
prior to beginning your program. No exceptions.
2.) You must be present at the club to sign up. Advanced
appointments are not allowed.
3.) Your time allowance is thirty (30) minutes.
4.) You are not allowed to sign up for consecutive time slots. You may
sign up again only after you've finished your program.
5.) There is a five (5) minute grace period to use your time slot. If you
arrive late, you may use only the remaining time in your time slot, up
to twenty five (25) minutes.
DO NOT SPILL OVER INTO SOMEONE ELSE’S TIME SLOT.
6.) If you miss your turn, you must sign up in the next open time slot.
7.) If the person before you does not arrive within five (5) minutes of
his or her turn, you may take the remaining minutes in addition to your
own. (Example: 24 + 30 minutes = 54 minutes total.)
8.) Use the machine with common sense and courtesy. A towel is
required; please wipe down the treadmill when finished.
ANYONE VIOLATING THESE RULES
WILL BE SUSPENDED FROM USING THE TREADMILL.
YOUR COOPERATION CONCERNING THE ABOVE RULES WILL BE APPRECIATED BY ALL.
The Management
------ Document 32 ------
Adult Model
Release
In consideration of my
engagement as a model, upon the terms herewith stated, I hereby give to
_____________________________ (the "Photographer"), his/her heirs,
legal representatives and assigns, those for whom the Photographer is acting,
and those acting with his/her authority and permission:
a) the unrestricted right
and permission to copyright and use, re-use, publish, and
republish photographic
portraits or pictures of me or in which I may be included intact or
in part, composite or
distorted in character or form, without restriction as to changes or
transformations in
conjunction with my own or a fictitious name, or reproduction hereof in color
or otherwise, made through any and all media now or hereafter known for
illustration, art,
promotion, advertising, trade, or any other purpose whatsoever.
b) I also permit the use of
any printed material in connection therewith.
c) I hereby relinquish any
right that I may have to examine or approve the completed
product or products or the
advertising copy or printed matter that may be used in
conjunction therewith or the
use to which it may be applied.
d) I hereby release,
discharge and agree to save harmless the Photographer, his/her heirs, legal
representatives or assigns, and all persons functioning under his/her
permission or authority, or those for whom he/she is functioning, from any
liability by virtue of any blurring, distortion, alteration, optical illusion,
or use in composite form whether intentional or otherwise, that may occur or be
produced in the taking of said picture or in any subsequent processing thereof,
as well as any publication thereof, including without limitation any claims for
libel or invasion of privacy.
e) I hereby affirm that I am
over the age of majority and have the right to contract in my own name. I have read the
above authorization, release and agreement, prior to its execution; I fully
understand the contents thereof. This agreement shall be binding upon me and my heirs, legal
representatives and assigns.
Dated: ____________________Signed:
_____________________________________
Address: _______________________City: ________________State: ___ Zip:
_______
Phone: ___________________________ Email:
______________________________
Witness: _____________________________________
Date: ____________________
------ Document 33 ------
Minor Model Release
For valuable consideration, I hereby confer on [date goes here] (the "Photographer") the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of my minor child in which he/she may be included with others:
a) To copyright the same in the Photographer's name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
c) To use my name or my child’s name in connection therewith if he/she so decides. I hereby release and discharge the Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of the Photographer as well as the person(s) for whom he/she took the photographs.
I have read the foregoing and fully understand the contents hereof. I represent that I am the [parent/guardian] of the above named model. For value received, I hereby consent to the foregoing on his/her behalf.
Dated: ____________________Signed: _____________________________________
Minor’s name: __________________________________________________________
Address: _______________________City: ________________State: ___ Zip: _______
Phone: ___________________________ Email: ______________________________
Witness: _____________________________________ Date: ____________________
Phone: ___________________________ Email: ______________________________
------ Document 34 ------
Avoid These Three Mistakes - if you're starting a business.
According to the Small Business Administration, a third of small businesses fail within the first two years. Over half fail in the first five years. So if you’re thinking about starting a small business, it pays to take an honest look at yourself, your business plan, and the marketplace before you jump in.
You can increase the odds that your business will survive by avoiding the following three mistakes.
Mistake # 1: Not enough cash. If you’re just starting out, it’s a good idea to accumulate as mush cash as you can. Your cash reserve should be about three times your estimated need. All businesses face seasonal slow downs, when the sales aren’t what you planned and revenues are slow to trickle in. Also, unforeseen expenses such as insurance, wages, rent, advertising, taxes can stop you in your tracks before you even get traction, and in many cases will shut you down before you get started. Having extra cash on hand can make the difference between surviving and being a statistic as another failed new business. A reserve fund provides an extra bit of cushion to keep the business operating as you work toward the next sales goal.
Mistake # 2: Poor planning. Building a business is like building a house. You need a foundation, a clear set of goals, and an implementation strategy. Where do you want to be a year from now and beyond? Developing a sound business plan means doing solid research. It means understanding the marketplace, knowing what sets your product apart from the rest, and getting a handle on the costs to implement your business plan. An idea is not a business plan. You need to flesh out the idea and get to specifics before moving forward. One of our favorite acronyms - from our college days - that will help remind you of the correct process is, PPPPP. Which simply means: Proper Planning Prevents Poor Performance.
Mistake # 3: Inflexibility. Once you’ve developed your business plan, be willing to adapt it to changing conditions. More than a few businesses have started with a great business model, but failed to modify that model when market conditions evolved. If your customers or competitors change (and they will over time), don’t be afraid to change with them. Always remember, a person or business that won't be flexible will likely snap, break, or fail. And when something snaps, breaks, or fails, one usually throws it away, tries to fix it, or closes its doors.
------ Document 35 ------
