Free Gym Performance Contract Template
Gym Performance Contract
This Performance Contract ("Contract") is entered into on [Month Day, Year], by and between:
[Your Company Name]
[Your Company Address]
[City, State, Zip Code]
[Your Company Website]
[Your Company Email]
[Your Company Number]
Hereinafter referred to as the "Gym",
and
[Performing Individual/Group Name]
[Performer's Address]
[City, State, Zip Code]
[Performer's Contact Information]
Hereinafter referred to as the "Performer".
1. Scope of Services
1.1 The Performer agrees to provide the following services ("Services"):
The Performer shall conduct the following activities/services at the Gym:
Description of Services:
The Performer, [Performer's Name], shall provide fitness training sessions and group exercise classes designed to enhance cardiovascular fitness, strength, and flexibility for gym members. The services shall include:
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Fitness Training Sessions: [Bi-weekly one-hour] personalized training sessions tailored to individual fitness levels and goals, conducted on Mondays and Wednesdays from [6:00 PM to 7:00 PM].
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Group Exercise Classes: [Weekly] group classes focusing on high-intensity interval training (HIIT), held on [Fridays] from [5:30 PM to 6:30 PM], accommodating up to [20] participants per session.
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Workshops: Monthly nutritional workshops covering topics such as meal planning and dietary supplements, scheduled on the [first Saturday] of each month from [10:00 AM to 12:00 PM].
Equipment and Materials:
The Performer shall provide their own fitness equipment, including resistance bands, exercise mats, and instructional materials for workshops. The Gym shall furnish the necessary space and standard gym equipment, such as treadmills, free weights, and exercise bikes, required for the training sessions and group classes.
Safety and Compliance:
All Services provided by the Performer shall comply with applicable federal, state, and local laws and regulations governing fitness facilities and personal training services. The Performer shall ensure that:
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Proper Use of Equipment: All gym equipment used during training sessions and classes is in safe working condition and used according to manufacturer guidelines.
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Health and Safety Protocols: Adequate sanitation measures are implemented before and after each session, including disinfection of equipment and common areas to prevent the spread of infectious diseases.
1.2 The Gym agrees to provide access to its premises located at [Your Company Address] during agreed-upon times for the Performer to conduct the Services:
The Gym, [Your Company Name], located at [Your Company Address], hereby grants the Performer access to its premises during the following times for the performance of Services:
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Training Sessions: [Mondays and Wednesdays] from [5:30 PM to 7:30 PM].
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Group Classes: [Fridays] from [5:00 PM to 7:00 PM].
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Workshops: [First Saturday] of each month from [9:00 AM to 1:00 PM].
The Gym shall ensure that the designated areas within its premises are available and adequately equipped to support the Services outlined above, including access to restroom facilities and any necessary utilities.
2. Term
2.1 Commencement and Duration:
This Contract shall commence on [Month Day, Year] and shall continue until [Month Day, Year], unless terminated earlier as provided herein ("Term").
2.2 Termination:
Either party may terminate this Contract upon [0] days' written notice to the other party. Notice of termination shall be delivered in writing to the other party's designated address or email address specified in this Contract.
2.3 Obligations Upon Termination:
Upon termination of this Contract, whether by expiration of the Term or by early termination as provided herein, both parties shall remain liable for any obligations accrued prior to the termination date. These obligations may include, but are not limited to:
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Payment Obligations: The Gym shall compensate the Performer for all Services performed up to the effective date of termination, in accordance with the terms outlined in Section 3 ("Compensation") of this Contract.
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Return of Property: The Performer shall promptly return any gym property or equipment loaned for the performance of Services, in good condition, upon termination of this Contract.
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Confidentiality and Indemnification: The confidentiality obligations outlined in Section 7 ("Confidentiality") and indemnification obligations outlined in Section 8 ("Indemnification") shall survive the termination of this Contract.
2.4 Force Majeure:
Neither party shall be held liable or responsible for any delay or failure to perform its obligations under this Contract due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, labor strikes or disputes, governmental regulations or restrictions, or natural disasters ("Force Majeure Event"). If a Force Majeure Event prevents either party from performing its obligations under this Contract for a continuous period of [0] days, either party may terminate this Contract without penalty or liability by providing written notice to the other party.
2.5 Survival:
Sections of this Contract that by their nature should survive termination shall survive termination, including but not limited to Sections related to confidentiality, indemnification, and governing law.
3. Compensation
3.1 In consideration for the Services provided by the Performer, the Gym agrees to compensate the Performer as follows:
Payment Structure:
The Gym agrees to compensate the Performer based on the following payment structure:
Flat Fee Per Session: The Performer shall receive a flat fee of $[0] for each fitness training session conducted.
Hourly Rate: The Performer shall receive an hourly rate of $[0] for each hour of group exercise classes and workshops conducted.
Percentage of Ticket Sales: For special events or workshops, the Performer shall receive [0]% of the total ticket sales revenue generated.
Payment Terms:
Payments shall be made according to the following schedule:
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Monthly Payments: The Gym shall make monthly payments to the Performer for all Services rendered during the preceding month. Payments shall be issued by the [15th] of each month.
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Completion of Each Session: For one-time events or workshops, payment shall be made upon completion of each session or event, within [number] days from the date of the event.
Expenses:
The responsibility for expenses related to the Services shall be as follows:
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The Performer shall be responsible for any personal expenses incurred in the performance of the Services, including travel, meals, and accommodation, unless otherwise agreed in writing by the Gym.
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The Gym shall cover all necessary expenses related to the provision of gym facilities and equipment required for the Services. This includes maintenance and repair of gym equipment, utility costs, and any promotional materials needed for marketing the Performer's sessions and events.
3.2 Payment shall be due within [0] days from the date of invoice submission by the Performer.
The Performer shall submit an invoice to the Gym detailing the Services provided, the dates of the Services, and the corresponding compensation due. Payment shall be due within [0] days from the date of invoice submission. Invoices shall be submitted to the following address or email:
Invoice Submission Address:
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[Your Company Name]
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[Your Company Address]
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[City, State, Zip Code]
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[Your Company Website]
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[Your Company Email]
Late Payment:
In the event of late payment, the Gym shall incur a late fee of [0]% of the outstanding amount per [day] until the payment is made in full. The late fee shall not exceed [0]% of the total amount due.
Dispute Resolution:
If there are any disputes regarding the amount invoiced, the Gym shall notify the Performer within [0] days of receiving the invoice. Both parties shall work in good faith to resolve any disputes promptly. Payments for undisputed amounts shall not be withheld during the resolution process.
4. Performer's Obligations
4.1 The Performer shall:
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Professional Conduct: Conduct all Services in a professional manner consistent with industry standards and in compliance with all applicable laws and regulations.
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Insurance: Maintain comprehensive general liability insurance coverage with limits not less than $[0] per occurrence and $[0] in the aggregate. The Performer shall provide proof of insurance coverage to the Gym upon request.
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Licenses and Permits: Obtain and maintain all necessary licenses, permits, and approvals required to perform the Services at the Gym premises.
4.2 The Performer acknowledges that they are an independent contractor and not an employee of the Gym. The Performer is solely responsible for reporting and paying any applicable federal, state, and local taxes arising from the compensation received under this Contract.
5. Gym's Obligations
5.1 The Gym shall:
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Premises Access: Provide uninterrupted access to the gym premises during agreed-upon times for the Performer to conduct the Services.
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Safety and Facilities: Ensure that the gym premises are safe, clean, and suitable for the Services, including providing necessary facilities, equipment, and utilities as agreed upon.
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Compliance: Comply with all applicable laws, regulations, and codes related to the operation of a fitness facility and hosting of public events or performances.
5.2 The Gym reserves the right to monitor and supervise the Performer's activities during the performance of Services to ensure compliance with this Contract and gym policies.
6. Insurance
6.1 The Performer shall maintain adequate general liability insurance coverage, with limits not less than $[0] per occurrence and [specify limits] in the aggregate, to cover any claims arising out of or related to the Services provided under this Contract. The Performer shall provide a certificate of insurance evidencing such coverage to the Gym upon request.
7. Confidentiality
7.1 Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of this Contract. Confidential information includes, but is not limited to, business plans, customer lists, and financial information.
7.2 The Performer shall not disclose any confidential information belonging to the Gym to third parties without the prior written consent of the Gym.
8. Indemnification
8.1 Each party ("Indemnifying Party") agrees to indemnify, defend, and hold harmless the other party ("Indemnified Party"), its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to the breach of this Contract or the negligence or willful misconduct of the Indemnifying Party.
9. Miscellaneous
9.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
9.2 Any amendments or modifications to this Contract must be in writing and signed by authorized representatives of both parties.
10. Governing Law
10.1 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.
IN WITNESS WHEREOF, the parties hereto have executed this Gym Performance Contract as of the date first written above.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Performing Individual/Group Name]
By:
[Full Name]
[Month Day, Year]