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The following documents can be copied and pasted into your word processor and easily modified to meet your specific needs. They should be used as a guide and modified to meet your company policies and procedures, including the laws in your state or country. If you feel uncomfortable making modifications to these documents and forms, please seek the advice of an attorney or accountant.
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Independent Contractor Agreement - Personal Trainer
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”)
The Contractor will provide “per hour” Personal Training Instruction for the Company under the terms and conditions as listed below.
1) LENGTH OF CONTRACT
This Contract becomes effective the day it is signed by both parties. It continues in effect until terminated in accordance with the provisions specified in item #7 below, Termination of Contract.
2) INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that the Contractor is an Independent Contractor and not an employee, agent, joint ventured, or partner of the Company or any of its affiliates. Nothing in this Contract shall be interpreted, expressed, implied or construed as creating or establishing the relationship of employer and employee between the Company and the Contractor or any employee or agent of the Contractor.
The Contractor will receive a 1099 at year-end mailed to their last known mailing address for the purposes of paying all their Local, State, and Federal Taxes, including Social Security. The Company does not pay any tax liabilities whatsoever in connection with the services provided. As the Contractor, you have no employment relationship with the Company, and are not entitled to typical employee benefits, including Unemployment Insurance, Worker’s Compensation, Disability Insurance, Health and Life Insurance, and/or vacation.
The Contractor retains the right to provide services to others during the term of this Contract and is not required to devote their services exclusively to the Company.
3) QUALIFICATION REQUIREMENTS
The Contractor agrees to have and maintain current CPR Certification and nationally accredited Personal Training Certification.
The Contractor agrees to have instructor certification specific to the programs or types of training to be provided. Prior personal training experience and proven expertise may stand in lieu of certification, contingent upon the Fitness Director’s evaluation of the Contractor’s skills and abilities.
The Contractor understands that the Company does not, and is not, under any obligation to provide any training for the type of service(s) rendered by the Contractor.
The Contractor agrees to conduct various types of personal training services, offered by the Company to its’ members, which are designed to improve cardiovascular fitness, muscular conditioning, and/or increase flexibility.
The Contractor agrees to conduct instruction according to the Industry recognized safety standards set by AFTA, ACE, and AFPA. The Contractor is otherwise solely responsible for determining the method and means of providing the above-described services, including, but not limited to, personal attire, equipment, and/or class choreography.
The Company agrees to furnish space and equipment at a designated Company fitness facility for use by the Contractor while performing above-described services.
The Contractor agrees to conduct personal training services on the day and time, as it appears, on their personal calendar.
The Contractor shall apply for changes or substitutions in the type, timing, or description of instruction rendered at the Company in writing to the Fitness Director. Changes can only be initiated with the verbal or written approval of the Fitness Director.
The Contractor may use a Substitute, as they deem necessary in order to perform the services required of the Contractor by this Contract. Performance of any service required by this Contract by a Substitute shall be subject to the following terms and conditions:
1. The Contractor shall be solely responsible for arranging their own Substitute and agrees to notify the Company of any substitution in advance by advising the Fitness Director verbally, by email, and/or in writing. The Company Fitness Director shall provide the Contractor, on a regular basis, the most current list of the Company approved Contractors that specialize in personal training.
2. The Contractor shall provide the Substitute with all the information and procedures necessary to successfully perform the service, including but not limited to, the location of all necessary equipment, keys, Sign-In Sheets, Invoice Summary Sheets, and invoicing procedures.
3. Any Substitute personally retained by the Contractor who does not have their own active Independent Contractor Agreement with the Company, shall be deemed to be acting as an agent or employee of the Contractor and shall be subject to all of the terms and conditions set forth in this Contract, including, but not limited to, invoicing the Company for substitute services rendered.
5) PAYMENT FOR SERVICES
A service shall be considered performed or rendered when the service for personal training was conducted, as agreed upon per their calendar. Services cancelled or not performed due to civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms shall not be compensated.
In consideration of the services to be provided by the Contractor to the Company, the Company agrees to one of the following payment methods. See Addendum A, Compensation, for details.
1. Contractor will be paid an hourly rate based on the number of paid personal training sessions he performs per month. It is the Contractor’s responsibility to submit the Invoice Summary Sheet for the personal services rendered. Invoice Summary Sheets must include the name of the Contractor, name of person that was trained, the Day, Date, and Time. Payment of invoices will be made according to the following schedule:
Services Rendered Invoice Submitted Payment made
1st – 31st by 2nd of next month 15th of the month submitted
The Contractor shall be responsible for keeping and maintaining their own records regarding services rendered, invoices submitted and payments made. The Company may withhold or delay payment of invoices for improperly documented, incorrectly submitted, or late submitted Invoice Summary Sheets.
2. Contractor agrees to pay Company a flat rate of $000.00 per month whereby he/she can perform their personal training services and charge the member direct. Monthly training fees are due on the 1st and are considered late on the 10th. Fees received after the 10th of the month are subject to a $000.00 late fee.
The Contractor shall be responsible for all costs and expenses incurred by rendering services for the Company, including, but not limited to: all costs of equipment provided by the Contractor, travel expenses, communication expenses, all professional fees, fines, liability insurance, bonds, or taxes required of or imposed on the Contractor by Local, State, or Federal agencies and/or any other costs of doing business. The Company shall not be responsible for any expenses, costs or taxes of any kind incurred by the Contractor in providing services for the Company.
Unless otherwise specified in this Contract, the Contractor will supply all tools, props, and/or instruments required to provide services under this Contract, including, but not limited to, personal attire. The Company shall not be required to provide but shall allow the use of equipment in its facility only as it relates to the type of personal training service being performed by the Contractor. The Contractor shall be required to report any defective, broken, or worn out equipment to the Fitness Director. Upon unsuccessfully locating/contacting the Fitness Director, the Contractor will log all defective, broken, or worn out equipment in the facility Maintenance Binder located at the front desk.
The Contractor agrees to indemnify and hold the Company, its management, employees, agents, officers, and/or affiliates harmless against any and all liability imposed or claimed, including attorney’s fees and other legal expenses, arising directly or indirectly from any act(s) or failure of the Contractor or the Contractor’s assistants, substitutes, employees or agents. This includes all claims relating to the injury or death of any person or damage to any property arising from any actions of the Contractor while providing services for the Company. The Company strongly recommends that the Contractor maintain their own professional liability insurance, with the Company named as an additional insured, for a minimum amount of $1,000,000 to cover any such claims.
The Contractor agrees to provide Worker’s Compensation Insurance for their own employee’s and agent’s, and agrees to hold harmless and indemnify the Company, its management, employees, officers, and affiliates for any and all claims arising out of any injury, disability, or death of any of the Contractor’s employees, substitutes, or agents.
7) TERMINATION OF CONTRACT
This Contract may be terminated without cause, upon submission of a thirty day written notice by either party.
This Contract shall terminate automatically upon the occurrence of the bankruptcy, insolvency, or death or sale of business of either party.
Should the Contractor default in providing services under this Contract or materially breach any of its provisions, the Company, at its exclusive option, may terminate this Contract immediately by giving written notification to the Contractor at its last known mailing address.
For the purpose of this paragraph, material breach of this Contract includes, but is not limited to, the following circumstances:
The Contractor is not qualified to provide personal training services for the level of training or does not have current certification(s).
The Contractor fails to provide the personal training service as published.
The Contractor repeatedly fails to show up for appointments and fails to secure a qualified substitute.
The Contractor consistently averages less than 10 participants per month.
The Contractor fails to conduct training safely or professionally.
The Contractor falsifies the Invoice Summary Sheet.
The Contractor fails to pay month flat rate amount.
The Contractor defames the Company, its management, employees or affiliates in any way, either orally or in writing.
The Contractor’s conduct results in repeated and/or numerous complaints by the Company members.
8) GENERAL PROVISIONS
Any notice required under this Contract must be in writing and can be accomplished either by hand delivery or mail, registered or certified, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing on the Signature Page of this Contract. If either party changes its address, written notice of such change must be given immediately to the other party. Notices delivered by hand are deemed communicated as of actual receipt. Mailed notices are deemed communicated as of 3 days after mailing.
If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
If the Contractor dies prior to completion of the Contract, any monies that may be due the Contractor from the Company under this Contract as of the date of death will be paid to the Contractor’s executors, administrators, heirs, personal representatives, successors, or assigns.
The Contractor agrees to file all necessary governmental documents, including appropriate tax returns, reflecting its income and status as an Independent Contractor for the services rendered to the Company. Should any governmental agency audit the files of the Company and request information about the Contractor, the Contractor agrees to immediately furnish the Company with any records, including tax returns, relating to the services rendered to the Company.
Neither party shall be deemed to be in violation of the Contract if it is prevented from performing any of its obligations hereunder due to civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms.
Both parties agree to arbitrate any controversy between them involving the construction or application of any of the terms, covenants, or conditions of this Contract. This Contract shall be governed by and construed under [State] Law. The arbitration will comply with and be governed by the provision of the [State] Arbitration laws. The arbitrator’s decision will be final and conclusive on both parties.
This Contract confirms the terms of the oral agreement and supersedes any and all other contracts, whether oral or written, between the parties regarding the Contractor’s services to the Company. It also contains all the covenants and agreements between the parties regarding the rendering of such services in any manner whatsoever. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not contained in this Contract. If there is any agreement, statement or promise not in this Contract, it shall be void, invalid and non-binding. Any modification of this Contract will be effective only if it is in writing and signed by both parties.
The Company and Contractor entered into this Contract on at , [State]
Date and Year Location
The Company The Contractor
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