This is a Service Agreement suitable for personal training, fitness programs, weightlifting, physical training activities or other personal training services. Under this agreement, a personal trainer was to provide personal training services for a Customer for an Agreed Price. This agreement is drafted in favour of the Customer.
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This Service Agreement - Personal Training is a legally binding document that outlines the terms and conditions between the personal trainer (referred to as Party 1) and the customer (referred to as Party 2) for the provision of personal training services. The agreement highlights the importance of prompt and timely performance of the personal trainer's obligations and the provision of services in a professional and diligent manner.
The agreement begins with an interpretation section that defines key terms and provides general provisions. It clarifies that references to persons include individuals, bodies corporate, unincorporated associations, and partnerships. The headings are inserted for convenience and do not affect the construction of the agreement. It also states that any reference to an enactment or statutory provision is a reference to it as it may have been or may be amended, modified, consolidated, or re-enacted.
The personal trainer's obligations are outlined in Section 2. It states that the personal trainer agrees to engage in the best and commercially reasonable efforts to provide the services to the customer. The personal trainer must provide the services in a professional and diligent manner consistent with industry standards. They must also comply with all laws and regulations applicable to the services, including health and safety regulations and regulations related to prohibited substances. The personal trainer is required to comply with any instructions or variations issued by the customer and may claim for an extension of time if the instructions or variations result in a delay.
Section 3 emphasizes the importance of completing the services by the agreed completion date. If the services cannot be completed by the completion date for a valid reason, the customer may grant an extension of time.
Section 4 addresses the service fees. It states that the customer shall pay the personal trainer a service fee in consideration for the full, prompt, and satisfactory performance of the services. The personal trainer will invoice the customer 14 days prior to the payment date, and payment will be due on the latter of the payment date or 14 days after the receipt of the invoice. The personal trainer may incur certain expenses that are not included in the fee, and they must keep an exact record of these expenses and obtain the customer's written consent for any expense over a certain limit.
Liabilities and indemnities are covered in Section 5. The personal trainer must promptly notify the customer of any delays, problems, or complaints related to the provision of services. They are responsible for rectifying any defects in the services and maintaining appropriate insurances to cover their liability for personal injury or damage arising from the services.
Section 6 deals with the term and termination of the agreement. The agreement may have a fixed term or continue indefinitely until the completion of the services. The customer may terminate the agreement with one month's written notice, and the personal trainer must refund any service fees in proportion to the services rendered. Either party may terminate the agreement if the other party becomes bankrupt or fails to proceed diligently with the services. In the event of termination, the personal trainer must give up possession of the site and deliver any training plans or program plans held.
Section 7 states that all materials and goods delivered to or placed on the site become the property of the customer.
Confidential information is addressed in Section 8. The personal trainer must keep the customer's confidential information confidential and return it upon termination of the agreement.
Section 9 requires prior written approval for any announcements or disclosures related to the agreement.
Section 10 specifies that any variation of the agreement must be in writing and signed by the parties. It clarifies that variations do not constitute a general waiver of any provisions and do not affect rights, obligations, or liabilities that have already accrued.
Section 11 prohibits the personal trainer from assigning the agreement or sub-contracting the performance without the customer's written consent.
Section 12 provides for severability, stating that if any provision of the agreement is illegal, void, or unenforceable, it shall be deemed not to be included, but the remaining provisions shall remain in full force and effect. The parties must negotiate in good faith to agree on a valid substitute provision if necessary.
Section 13 requires the parties to perform all further acts and execute any further documents necessary to implement and give effect to the agreement.
Section 14 contains warranties of capacity and power, stating that each party has the authority, power, and capacity to enter into and carry out its obligations under the agreement.
Section 15 addresses force majeure, stating that none of the parties shall be liable for any failure or delay in performing their obligations due to causes outside their reasonable control.
Section 16 clarifies that the agreement does not confer any rights under contracts for third parties.
Section 17 encourages the parties to resolve any disputes amicably and in good faith.
Section 18 outlines the requirements for notices and service, including delivery by hand, email, or post.
Section 19 allows the agreement to be executed in any number of counterparts, with each counterpart constituting an original.
This Service Agreement - Personal Training is a comprehensive document that covers all aspects of the relationship between the personal trainer and the customer, ensuring clarity and protection for both parties.
Guidance for using the Service Agreement - Personal Training:
1. Provide information: Enter the personal trainer's and customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Understand the interpretation section: Familiarize yourself with the definitions and general provisions in the interpretation section. This will help you understand the key terms and the overall structure of the agreement.
3. Review the personal trainer's obligations: Pay close attention to Section 2, which outlines the personal trainer's obligations. Ensure that the personal trainer agrees to provide the services in a professional and diligent manner and comply with all applicable laws and regulations.
4. Discuss completion date: If applicable, agree on a completion date for the services. This ensures that both parties are aware of the timeline for completion.
5. Determine service fees: Discuss and agree on the service fees payable by the customer for the services. Consider any additional expenses that may be incurred by the personal trainer and establish a process for invoicing and payment.
6. Understand liabilities and indemnities: Be aware of the personal trainer's responsibilities for notifying the customer of any delays, problems, or complaints. Discuss the personal trainer's insurance coverage for personal injury or damage arising from the services.
7. Discuss termination options: Review Section 6 to understand the termination provisions. Discuss the circumstances under which either party may terminate the agreement and the consequences of termination.
8. Address confidentiality: Discuss the handling of confidential information and ensure that the personal trainer understands their obligations to keep the customer's confidential information confidential.
9. Seek approval for announcements: If there is a need to make any announcements or disclosures related to the agreement, obtain prior written approval from the other party.
10. Be aware of the amendment process: Understand that any variations to the agreement must be in writing and signed by the parties. Variations do not waive any provisions and do not affect rights, obligations, or liabilities that have already accrued.
11. Comply with notice requirements: Follow the notice and service requirements outlined in Section 18 when serving notices to the other party.
12. Keep copies of the agreement: Ensure that both parties have copies of the executed agreement for their records.
Note: This guidance provides an overview of the key points to consider when using the Service Agreement - Personal Training. It is important to review the entire agreement and seek legal advice if needed to fully understand the rights and obligations of both parties.