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 Personal Trainer.
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The Service Agreement - Personal Training is a document that outlines the terms and conditions between a personal trainer and a customer for the provision of personal training services. This agreement is important as it establishes the rights and obligations of both parties, ensuring clarity and protection for both the personal trainer and the customer.
The entire document is divided into several sections, each addressing different aspects of the agreement. The first section is the interpretation section, which provides definitions for key terms used throughout the agreement. This section ensures that both parties have a clear understanding of the terms used in the document.
The second section outlines the personal trainer's obligations. It states that the personal trainer agrees to provide the services in a professional and diligent manner, following industry standards. It also specifies that the personal trainer must comply with all applicable laws and regulations related to health and services, as well as prohibited substances.
The third section focuses on the completion of the work. It emphasizes that time is of the essence and that the services should be completed by the agreed-upon completion date. If there are any delays, the customer may grant an extension, taking into account the reasons for the delay.
The fourth section addresses the service fees. It states that the customer shall pay the personal trainer a service fee for the services rendered. The payment schedule and late payment charges are also specified in this section. Additionally, it mentions that the personal trainer may incur expenses not included in the fee, and the customer is responsible for reimbursing these expenses.
The fifth section covers liabilities and indemnities. It states that the customer should promptly report any defects in the personal trainer's performance and that the personal trainer should rectify any reported defects. It also limits the personal trainer's liability to the amount of service fees received under the agreement. Furthermore, it includes an indemnification clause, stating that the customer will indemnify the personal trainer against any liabilities arising from the customer's failure to disclose relevant medical conditions.
The sixth section deals with the term and termination of the agreement. It specifies the duration of the agreement and the circumstances under which either party can terminate it. It also states that the customer must pay any outstanding balances within a certain period after termination.
The seventh section addresses confidential information. It requires both parties to keep the terms of the agreement and any confidential information disclosed during the agreement confidential, except in certain specified circumstances.
The eighth section covers announcements/publicity. It states that no announcement or disclosure regarding the agreement should be made without the prior written approval of all parties, except as required by law.
The ninth section discusses amendments to the agreement. It states that any variations to the agreement must be in writing and signed by all parties.
The tenth section addresses assignment. It states that the customer cannot assign the agreement or subcontract its performance without the personal trainer's written consent.
The eleventh section covers severability. It states that if any provision of the agreement is deemed illegal, void, or unenforceable, it will be deemed not included in the agreement, but the remaining provisions will remain in full force and effect.
The twelfth section emphasizes further assurance. It states that each party agrees to perform all acts and execute all documents necessary to implement and give effect to the agreement.
The thirteenth section provides a warranty of capacity and power. It states that each party has the authority, power, and capacity to enter into and carry out its obligations under the agreement.
The fourteenth section addresses force majeure. It states that none of the parties will be liable for any failure or delay in performing their obligations under the agreement due to causes outside their reasonable control.
The fifteenth section clarifies that the agreement does not confer any rights on third parties to enforce its terms.
The sixteenth section discusses arbitration and proper law. It encourages the parties to resolve any disputes amicably and in good faith.
The seventeenth section covers notices and service. It specifies the methods of delivering notices and the addresses of the parties for the purpose of the agreement.
The eighteenth section allows the agreement to be executed in counterparts, with each counterpart being considered an original.
As witnessed, this agreement has been signed on behalf of the parties on the specified date.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. Review the personal trainer's obligations, ensuring that they agree to provide the services in a professional and diligent manner, following industry standards.
7. Ensure that the personal trainer complies with all applicable laws and regulations related to health and services, as well as prohibited substances.
8. If any services are outside the scope defined in the agreement, consider creating a new agreement for those services.
9. Emphasize the importance of timely completion of the services and the consequences of delay.
10. Establish a clear payment schedule and specify any late payment charges.
11. Keep accurate records of any expenses incurred by the personal trainer and require them to submit itemized invoices with proof of purchase.
12. Notify the personal trainer in writing of any disputes regarding invoices, providing supporting documentation or a detailed description of the dispute.
13. Indemnify the personal trainer against any liabilities arising from the customer's failure to disclose relevant medical conditions.
14. Promptly report any defects in the personal trainer's performance and allow them an opportunity to rectify the issues.
15. Limit the personal trainer's liability to the amount of service fees received under the agreement.
16. Terminate the agreement if the customer fails to pay for the services or breaches any other material provision.
17. Keep the terms of the agreement and any confidential information disclosed during the agreement confidential, except in specified circumstances.
18. Obtain written approval before making any announcements or disclosures regarding the agreement, except as required by law.
19. Any variations to the agreement must be in writing and signed by all parties.
20. Ensure that the customer cannot assign the agreement or subcontract its performance without the personal trainer's written consent.
21. If any provision of the agreement is deemed illegal, void, or unenforceable, seek to negotiate a valid substitute provision.
22. Perform all acts and execute all documents necessary to implement and give effect to the agreement.
23. Ensure that each party has the authority, power, and capacity to enter into and carry out its obligations under the agreement.
24. Consider the impact of force majeure events on the performance of the agreement.
25. Remember that the agreement does not confer any rights on third parties to enforce its terms.
26. Attempt to resolve any disputes amicably and in good faith.
27. Follow the specified methods of delivering notices and ensure that the addresses of the parties are accurate.
28. Keep in mind that the agreement may be executed in counterparts, with each counterpart being considered an original.