Gym Management Contract
Gym Management Contract
This Gym Management Contract ("Contract") is made and entered into as of [Date], by and between [Your Company Name], with its principal place of business at [Your Company Address], [City, State, ZIP Code] (hereinafter referred to as the "Owner"), and [Management Company's Name], with its principal place of business at [Management Company's Address], [City, State, ZIP Code] (hereinafter referred to as the "Manager").
RECITALS
WHEREAS, the Owner owns and operates a gym located at [Your Company Address], [City, State, ZIP Code] (hereinafter referred to as the "Gym");
WHEREAS, the Owner desires to engage the services of the Manager to manage the Gym in accordance with the terms and conditions set forth herein;
WHEREAS, the Manager agrees to provide management services for the Gym as specified in this Contract;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Management Services
1.1 Scope of Services
The Manager shall provide comprehensive management services for the Gym, including but not limited to the following:
-
Operational Management: Oversee the day-to-day operations of the Gym, ensuring smooth and efficient functioning.
-
Staff Management: Hire, train, and supervise all Gym staff, including fitness trainers, administrative staff, and maintenance personnel.
-
Member Services: Ensure high levels of customer service, handle member inquiries and complaints, and develop member engagement programs.
-
Marketing and Promotion: Develop and implement marketing strategies to attract new members and retain existing ones.
-
Financial Management: Prepare and manage the Gym's budget, handle billing and collections, and provide regular financial reports to the Owner.
-
Facility Maintenance: Ensure the Gym is maintained in a clean and safe condition, and oversee any necessary repairs or upgrades.
-
Program Development: Develop and manage fitness programs, classes, and special events to enhance member experience.
-
Compliance: Ensure the Gym complies with all applicable laws, regulations, and industry standards.
2. Term of Agreement
2.1 Initial Term
This Contract shall commence on [Start Date] and shall continue for an initial term of [initial term, e.g., one year].
2.2 Renewal
Upon expiration of the initial term, this Contract shall automatically renew for successive [renewal term, e.g., one-year] terms unless either party provides written notice of termination at least [notice period, e.g., 60 days] prior to the end of the then-current term.
3. Compensation
3.1 Management Fee
The Owner shall pay the Manager a monthly management fee of $[Management Fee Amount], payable on the [day] of each month. This fee shall cover all management services provided by the Manager as outlined in Section 1.1.
3.2 Performance Bonuses
The Manager may be eligible for performance-based bonuses as determined by the Owner. Such bonuses, if any, will be based on the Manager’s performance and the financial performance of the Gym and are at the sole discretion of the Owner.
4. Expenses
4.1 Reimbursable Expenses
The Owner agrees to reimburse the Manager for all reasonable and necessary expenses incurred in the performance of the Manager's duties under this Contract, including but not limited to marketing expenses, facility maintenance costs, and staff training expenses. All reimbursable expenses must be pre-approved by the Owner and substantiated with proper documentation.
4.2 Budget Management
The Manager shall operate within the budget approved by the Owner. Any deviations from the budget must be approved in writing by the Owner.
5. Confidentiality
5.1 Confidential Information
The Manager acknowledges that during the course of managing the Gym, they will have access to confidential information concerning the Owner’s business, operations, clients, and other proprietary information. The Manager agrees to keep all such information confidential and not to disclose it to any third party without the Owner’s prior written consent.
5.2 Return of Materials
Upon termination of this Contract, the Manager agrees to return all property, documents, and materials belonging to the Owner, including any confidential information in the Manager’s possession.
6. Non-Compete and Non-Solicitation
6.1 Non-Compete
During the term of this Contract and for a period of [time period, e.g., one year] following the termination of this Contract, the Manager shall not engage in any business or activity that competes with the Gym within a [geographic area, e.g., 50-mile radius].
6.2 Non-Solicitation
During the term of this Contract and for a period of [time period, e.g., one year] following the termination of this Contract, the Manager shall not solicit or attempt to solicit any clients, customers, or employees of the Gym for the purpose of diverting business or inducing them to terminate their relationship with the Gym.
7. Termination
7.1 Termination by Owner
The Owner may terminate this Contract at any time, with or without cause, by providing [notice period, e.g., 60 days’] written notice to the Manager.
7.2 Termination by Manager
The Manager may terminate this Contract at any time by providing [notice period, e.g., 60 days’] written notice to the Owner.
7.3 Termination for Cause
Either party may terminate this Contract immediately for cause if the other party breaches any material term of this Contract and fails to cure such breach within [cure period, e.g., 30 days] after receipt of written notice of the breach.
7.4 Effect of Termination
Upon termination of this Contract, the Manager shall cease all management services and return all property, documents, and materials belonging to the Owner. The Owner shall pay the Manager for all services rendered and expenses incurred up to the effective date of termination.
8. Dispute Resolution
8.1 Arbitration
Any disputes arising out of or relating to this Contract shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State], and the decision of the arbitrator shall be final and binding on both parties.
8.2 Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
9. Miscellaneous
9.1 Entire Agreement
This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
9.2 Amendments
No amendment or modification of this Contract shall be valid or binding unless made in writing and signed by both parties.
9.3 Severability
If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.4 Waiver
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of that provision or any other provision.
9.5 Assignment
The Manager may not assign or transfer any of their rights or obligations under this Contract without the prior written consent of the Owner.
9.6 Notices
Any notice required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given when delivered by hand, by certified mail, return receipt requested, or by a recognized overnight delivery service, to the respective addresses of the parties as set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Gym Management Contract as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Your Company Name]
[Your Company Address]
[City, State, ZIP Code]
[Your Company Number]
[Your Company Email]
[Management Company's Name]
By:
[Authorized Signatory’s Name]
[Title]
[Management Company's Name]
[Management Company's Address]
[City, State, ZIP Code]
[Management Company's Number]
[Management Company's Email]
