GYM CONTRACTOR AGREEMENT.

GYM CONTRACTOR AGREEMENT.

This Gym Contractor Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2020 (the “effective date”), between Prosisely LLC dba Beprosise Performance (hereinafter referred to as the “Company”), and Kevin Allen, GURU Fitness Training (herein referred to as the “Contractor”).

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  • TERM.

The initial term of this Agreement shall be for a period Three Years commencing on the Effective Date herein.

  • SCOPE.
    1. The Contractor shall be responsible for the provision and implementation for the following Gym Programs and Classes
  • NFL Prospect Training
  • NFL Off-Season Training
  • Fitness Boot Camps/ Circuit Training
  • Youth Speed and Agility Class
  • Youth Sports Teams Strength and Conditioning Class
  • Personal Training
  • Group Personal Training
  • Yoga Class
  • Cross Training Class
  • Seniors Group Strength Training
  • Healthy Kid Fitness Boot Camp
  • Tiny Tacklers Concussion Prevention
  • Boxing Cardio Class
  • Boxing Training Personal Session
  • WORKPLACE RULES AND REGULATIONS.
  1. Put away safely and neatly training tools and equipment after use.
  2. Pay attention to the client during training. Do not have a client do any exercise in which they cannot perform properly or comfortably. Be very careful of any exercise which puts the lower back at risk. If in doubt, don’t do it.
  3. Never curse while at the workplace.
  4. Shall not play loud music unless the client is okay with such music.
  5. Shall not eat on the training floor and shall be considerate of the clients while using the microwave.
  6. Shall not discuss or speaking badly about a client with other clients, shall only talk about a client positively.
  7. Shall not discuss personal problems/issues with a client, be open to general discussions with a client while staying clear of any controversial topics.
  8. Shall not talk on the cell phone or text/chat while on the training floor or within hearing distance from the clients.
  • PAYMENT.

This is a guide on payment for hours worked weekly.

☐40+ Hours training weekly

  • 15% of net income $100 – $4999
  • 20% of net income $5000 – $9999
  • 25% of net income $10,000 +

☐31-39 Hours training weekly

  • 10% of net income $100-4999
  • 15% of net income $5000-$9999
  • 20% of net income $10,000+

☐21-30 Hours training weekly

  • 5% of net income $100-4999
  • 10% of net income $5000-$9999
  • 15% of net income $10,000+

☐10-20 Hours training weekly

  • 3% of net income $100-4999
  • 5% of net income $5000-$9999
  • 10% of net income $10,000+
  1. The Contractor shall be paid bi-weekly for work performed from Wednesday to Wednesday for fitness and non-fitness wages.
  2.  The Contractor shall receive 5% of any the below services income that are non-fitness:
  • Physical Therapy
  • Massage Therapy
  • Needling
  • Sunday Morning Youth Sports injury Treatment and Therapy
  • Nutritional Guidance
  • Supplement
  • TERMINATION/CANCELLATION.
      1. The Parties agree that either Party can cancel/terminate the Agreement at any given time, provided that the intending Party provides the other Party a 30 Day Written Notice on the cancel/termination. Note: In the event that the Company decides to cancel/terminate the Agreement, they must ensure to pay the Contractor for work done under this Agreement.
      2. The Company can at any time and without notice terminate/cancel this Agreement if the Contractor fails to adhere to the work ethics provided and has failed to rectify the mistakes after three warnings and a discussion.
  • NON-COMPETE.
      1. The Contractor shall NOT solicit, negotiate, and contact either directly or indirectly, with another prospective company, employer, competitor, customer, client or any other entity that offers the same services as those covered herein during the term of this Agreement.
      2. The Contractor shall NOT, for Two years after termination/Cancellation of this Agreement, solicit, negotiate, contact either directly or indirectly, with another prospective employer, competitor, customer, client or any other entity carrying out the same or similar services as those carried by the Company.
      3. The Contractor shall not, during the term of this Agreement and/or Two Years after the termination/cancellation of this Agreement, by incitement encourage employees, customers, associates, clients of the Company to terminate their obligations with the Company.
  • LIABILITY/WAIVER
      1. The Company shall not, during the term of this Agreement, be held liable for any injuries sustained by the Contractor while carrying out their obligations under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Contractor agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
      2. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.  
  • INDEPENDENT CONTRACTOR.
      1. The Contractor shall be retained as an independent contractor.  The Contractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement.  The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Contractor’s behalf during the term of this Agreement.
      2. The Contractor understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
  • GENERAL PROVISION/GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION
    1. This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    2. In the unfortunate event of issues arising from the performance of this Agreement, the parties agree to use mediation as their primary avenue for dispute resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA. Exclusive jurisdiction and venue shall be in Texas, USA.
    3. This Agreement shall be binding upon and inure to the benefit of the Company and the Contractor and their respective successors and assigns, provided that the Contractor may not assign any of their obligations under this Agreement without the Company’s prior written consent.  
    4. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: Signature: __________________________________________   

                       Name: __________________________________________

                       Date: ___________________________________________

CONTRACTOR: Signature: _______________________________________

                              Name: ______________________________________

                               Date: ______________________________________

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