Free Gym Trainer Agreement Template
Gym Trainer Agreement
This Agreement ("Agreement") is entered into as of [Date], between [Trainer Name] of [Your Company Name] ("Trainer") and [Participant Name], with address at [Participant Address] ("Participant"). Participant engages Trainer to provide fitness instruction services at its facility located at [Participant Address] ("Facility") under the terms and conditions set forth herein.
WHEREAS, Participant desires to engage the services of Trainer to provide fitness instruction to its members; and
WHEREAS, Trainer possesses the necessary qualifications, skills, and experience to provide such services;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
I. Engagement of Services
A. Description of Services: Participant engages Trainer to provide fitness instruction services at the Facility. This includes conducting fitness classes, personal training sessions, and any related services as agreed upon between the parties.
B. Duration of Agreement: This Agreement shall commence on [Start Date] and continue until terminated by either party as provided herein.
C. Location: Trainer agrees to provide services exclusively at Participant's Facility located at [Participant Address].
II. Trainer Responsibilities
A. Scope of Work and Duties:
-
Conduct fitness classes and personal training sessions according to Participant's schedule.
-
Provide instruction in accordance with industry standards and Participant's policies.
-
Maintain certifications and licenses required for the provision of fitness instruction services.
B. Compliance with Policies and Procedures: Trainer shall adhere to all applicable policies, rules, and regulations of Participant, including but not limited to safety protocols, scheduling guidelines, and member interaction guidelines.
C. Confidentiality: Trainer shall maintain the confidentiality of Participant's proprietary information and member data obtained in the course of performing services under this Agreement.
III. Compensation and Benefits
A. Payment: Participant shall pay Trainer a rate of [Rate] per hour for each fitness class or personal training session conducted. Payment shall be made on a [Frequency] basis, within [Number] days of receipt of an invoice from Trainer.
B. Bonuses or Incentives: Trainer may be eligible for bonuses or incentives based on performance metrics agreed upon by Participant, such as client retention rates or class attendance.
C. Benefits: Trainer is not entitled to employee benefits, including but not limited to health insurance, retirement benefits, or paid time off, unless otherwise stipulated in writing.
D. Expense Reimbursement: Participant shall reimburse Trainer for pre-approved, reasonable expenses incurred in the performance of duties under this Agreement, including travel expenses related to off-site training sessions.
IV. Intellectual Property
A. Ownership: All intellectual property created by Trainer during the term of this Agreement in connection with services provided to Participant shall be owned exclusively by Participant.
B. Use of Participant's Intellectual Property: Trainer is granted a limited, non-exclusive license to use Participant's trademarks and logos solely for the purpose of promoting and delivering services under this Agreement.
C. Confidentiality of Materials: Trainer agrees to maintain the confidentiality of any proprietary materials provided by Participant and shall not disclose such materials to third parties without prior written consent.
D. Return of Materials: Upon termination of this Agreement, Trainer shall promptly return to Participant any materials, documents, or equipment belonging to Participant.
V. Insurance
A. Liability Insurance: Trainer shall maintain liability insurance coverage with limits of at least [Amount] per occurrence and [Amount] aggregate, naming Participant as an additional insured.
B. Proof of Insurance: Trainer shall provide Participant with a certificate of insurance demonstrating compliance with the above requirements annually or upon request.
C. Workers' Compensation: If required by law, Trainer shall carry workers' compensation insurance covering all employees or subcontractors engaged in the performance of services under this Agreement.
D. Indemnification: Trainer agrees to indemnify and hold harmless Participant from and against any claims, damages, liabilities, costs, and expenses arising out of or related to Trainer's services under this Agreement.
VI. Non-Compete and Non-Solicitation
A. Non-Compete Clause: During the term of this Agreement and for a period of [Number] years following its termination or expiration, Trainer agrees not to engage in any fitness instruction or related activities that directly compete with the services provided by Participant within a [Radius] mile radius of Participant's facilities.
B. Non-Solicitation of Clients: Trainer agrees not to directly or indirectly solicit or attempt to solicit any client or customer of Participant for the purpose of providing competing fitness instruction services during the term of this Agreement and for [Number] years thereafter.
C. Non-Solicitation of Employees: Trainer agrees not to directly or indirectly solicit or attempt to solicit any employee or contractor of Participant for employment or engagement with any other entity during the term of this Agreement and for [Number] years following its termination or expiration.
D. Enforceability: The parties agree that the restrictions set forth in this section are reasonable and necessary to protect the legitimate business interests of Participant and are enforceable in accordance with applicable laws.
VII. Termination
A. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within [Number] days of receiving written notice thereof.
B. Termination Without Cause: Participant reserves the right to terminate this Agreement without cause upon [Number] days' written notice to Trainer.
C. Effect of Termination: Upon termination of this Agreement, Trainer shall cease providing services to Participant immediately. Trainer shall return all materials and property belonging to Participant within [Number] days of termination.
D. Survival: The provisions of this Agreement relating to confidentiality, intellectual property rights, indemnification, and any other provisions which by their nature should survive termination, shall survive the termination of this Agreement.
VIII. Confidentiality
A. Definition of Confidential Information: "Confidential Information" includes all proprietary information, trade secrets, business plans, client lists, and other information disclosed by Participant to Trainer during the term of this Agreement.
B. Obligations Regarding Confidential Information: Trainer agrees to maintain the confidentiality of all Confidential Information and not to disclose, use, or reproduce Confidential Information except as necessary to perform duties under this Agreement.
C. Exceptions: Confidential Information does not include information that: (i) is or becomes publicly known through no breach by Trainer, (ii) is rightfully received from a third party without breach of any obligation of confidentiality, or (iii) is independently developed by Trainer without use of or reference to Participant's Confidential Information.
D. Return of Materials: Upon termination of this Agreement, Trainer shall promptly return to Participant all materials, documents, and information containing or based upon Confidential Information.
IX. Indemnification
A. Indemnification by Trainer: Trainer agrees to indemnify, defend, and hold harmless Participant, its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) Trainer's breach of any provision of this Agreement; (ii) Trainer's negligent acts or omissions; or (iii) any injury or harm caused by Trainer's actions or omissions while performing services under this Agreement.
B. Procedure: Participant shall promptly notify Trainer in writing of any claim or action subject to indemnification. Trainer shall have the right to control the defense and settlement of any such claim, provided that Participant may participate in the defense at its own expense.
X. Dispute Resolution
A. Negotiation: The parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiation between the parties.
B. Mediation: If negotiation does not resolve the dispute within [Number] days, the parties agree to submit the dispute to mediation administered by a mutually agreed upon mediator in [City, State].
C. Arbitration: If mediation is unsuccessful, any unresolved dispute shall be resolved by binding arbitration administered by [Arbitration Service] in accordance with its Commercial Arbitration Rules. The decision of the arbitrator shall be final and binding upon the parties.
D. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
XI. Miscellaneous
A. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, oral or written, relating to such subject matter.
B. Amendment: Any amendment or modification of this Agreement must be in writing and signed by both parties.
C. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
D. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Trainer
[Name]
[Title]
[Date]
Participant
[Name]
[Title]
[Date]
