INDEPENDENT PERSONAL TRAINER AGREEMENT

April 11, 2023

INDEPENDENT PERSONAL TRAINER AGREEMENT

This independent trainer agreement effective as of ______________  (‘Effective Date”) is  entered into by and between ________________ GYM  of 205 West Duarte Road, Monrovia CA 91016 and _________________ of _______________who will be an independent trainer. Individually referred to as “Party” and collectively referred to as “Parties”.

RECITALS:

Whereas, the Gym has the necessary equipment for training and exercising;

Whereas, the Independent Personal Trainer wishes to provide personal training services to clients in the Gym;

Whereas, the Personal Trainer wishes to pay a monthly rental amount in exchange for using the gym;

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

  1. Term

The term of this agreement identified as month-to-month.  The term is defined as beginning at day 1 of each calendar day month.  The term ends at the last date of each calendar day month. The agreement can be terminated if the Personal trainer and/or his client breach the code of conduct of the gym. The parties can also mutually agree to terminate the agreement.

  • Rights granted

The gym grants the Personal Trainer permission and access to train their clients’ one on one and private training as one on five. However, any coaching done with more than 5 people would be considered a class and the Personal Trainer will be required to pay $ 5 per additional head. Personal Trainer sessions are required to start and finish the sessions in a timely manner as scheduled.

  • Gym Obligations

The Gym shall provide the personal trainer space to train their clients during open hours. The gym reserves the right to close the studio at any time due to unforeseen circumstances. However, it will duly notify the trainer. The gym is obligated to keep the studio clean at all times and to listen and implement the trainer’s feedback.

  • Personal Trainer Responsibilities

Personal trainer will be responsible as follows:

  1. Maintaining the gym clean standards.
  2. Provide copies of their qualifications, a valid first aid certificate and public liability insurance certificate. All licensing and certification must be fully accredited and issued by the State of California or an accredited association.
  3. Check all equipment to ensure they are in sound working order prior to the start of the sessions and report any faults in equipment to the gym staff.
  4. Offer any useful feedback and suggestions for the improvement of the gym or operational systems of running the gym to the staff and the management.
  5. He should not poach the gym clients
  6. He should be conscious to represent the Gym professionally to the public both in person and on social media sites.
  7. He should not use their clients personal information for any purpose other than that it is intended for professionally.
  8. Independent Contractor

It is hereby understood and agreed that Personal Trainer, in performing the services pursuant to this agreement, is acting in the capacity of an Independent Trainer.  The Personal Trainer represents and warrants they are not agents, servants, partners, nor employees of the Gym.  Personal Trainer shall be solely responsible to pay its own federal, state, local withholding taxes.  None of the benefits provided by Gym to its employees, including but not limited to, workers’ compensation insurance, disability insurance, medical insurance, employment insurance, are available from the Gym to Personal Trainer’s agents, servants, or employees.  Personal Trainer has no authority to create any obligation or responsibility, express or implied, in the name of the gym.    

  • Rental Fee

The monthly rent to be paid by Personal Trainer to the Gym, is $450.00.  The fee to be paid in advance of use of the facilities at the Gym.  The rent is due on the first day of the month.  Any Personal Trainer who elects to enter into such Agreement other than a day commensurate with the first day of the month will be required to pay Pro Rata share for the period remaining in the month and the full monthly rent commensurate with the first day of the upcoming month.  Late fees of $ ______ per day to be assessed for each day rent is not paid timely.  Ultimately, if no payment is received within 10 days beyond the first of each month, the Gym will construe the Agreement to be terminated.  Fees to be assessed as against any check that bounces.

  • Non-Competition

The Personal Trainer shall not during the term of this agreement: Intentionally promote another business that locally competes with the Gym either in person or on social media, Attempt to entice clients or prospects from the Gym to do business elsewhere. Not use or disclose confidential information for any other purpose other than the purpose set out in this agreement.

  • Indemnity

The Personal Trainer shall not during the term of this agreement: Intentionally promote another business that locally competes with the Gym either in person or on social media, Attempt to entice clients or prospects from the Gym to do business elsewhere or Not use or disclose confidential information for any other purpose other than the purpose set out in this agreement.

  • Confidentiality

The Personal Trainer agrees that, other than in the proper performance of their duties, the Personal Trainer will not use any confidential information to benefit themselves and or others, they will not reveal the Gym’s confidential information to anyone else and they will do everything they can to prevent anyone else publishing or disclosing it. Confidential information includes but is not limited to: the Company’s business or prospective business; its clients or prospective clients; its employees; its finances and business methods; the specific projects in which it is, has been or will be engaged; personal information about any client, supplier, agent, advisor or employee.

  1. Entire Agreement, No Modification

This Agreement contains the entire understanding between the parties hereto and supersedes all prior agreements, understandings, representations, warranties, and/or covenants, whether written or oral, between the parties regarding the subject matter.  This Agreement may not be changed, amended or modified except by written instrument, executed by both of the parties to the Agreement.  

  1. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the law of the State of California.  Any suit or action filed to enforce or contest any provision of this Agreement, or the obligations imposed shall be brought and prosecuted in a Court of competent jurisdiction sitting in the State of California.

In witness whereof, the parties hereto have set their hands and seals that day and year first above written:

INDEPENDENT PERSONAL TRAINER

Print Full Name

Signature Date

Driver’s License Number

Address

Cell Phone Number Alternate Phone Number

GYM

Name and Title

Signature Date

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