Fitness Consultant Agreement


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									This is an agreement that is entered into between a consultant and a client for fitness
consultation services. This agreement sets forth the type of fitness consultation to be
provided, the rate charged, the length of the agreement, and the location where the
services will be provided. Additionally, this document sets forth the particular fitness
regimen of the client. This document is ideal for consultants or clients to enter into an
agreement for fitness consultation services.
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert client name.] ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant").
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
   1. Consultant shall furnish the Client with his best advice, information, judgment
      and knowledge with respect to the services related to and in support of efforts in
      which Consultant has expertise which is to be provided in accordance with this
      Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
      duties Consultant shall have under Agreement.]
   2. The Consultant will _____ [Instruction: Insert broad details of what
      consultant will do, e.g., assist Client in developing fitness regimen.]
   3. The term of this Agreement shall begin on _____ [Instruction: Insert
      commencement date.] and shall, subject to the provisions for termination set
      forth herein, continue until and terminate on _____ [Instruction: Insert
      termination date.].
   4. For all services that Consultant renders to the Client during the term hereof, the
      Client will pay Consultant a retainer of $_____ per month, payable on the first
      day of the month. If this agreement terminates on a date other than the first of a
      month, a prorated share of the minimum fee will be due for the final month.
      Consultant agrees that during the term he/she will devote up to ____ (__) hours
      per month to his/her Duties. The Client will periodically provide the Consultant
      with a schedule of the requested hours and responsibilities. The duties will be
      scheduled on an as-needed basis. [Instruction: Insert applicable payment
      agreement, including any revision to the hours/days of services. Late
      payments by Client shall be subject to late penalty fees of _____% [Instruction:
      Insert number.] per month from the due date until the amount is paid. Parties
      hereby agree to provide no less than 48 hours’ notice of any cancellation of such
      scheduled hours, barring any emergency. In the event any such scheduled hours
      are cancelled upon less than forty-eight (48) hours, Client shall remain liable to
      pay Consultant for such scheduled hours.

© Copyright 2012 Docstoc Inc.                                                              2
   5. The parties hereto agree this Agreement is for consulting services to be provided
      at _____. [Instruction: Insert location.] Any services to be performed by
      Consultant on Client’s behalf for any area outside the foregoing shall be pursuant
      to a separate agreement, or a modification or amendment of this Agreement.
   6. Consultant makes no representations or warranties regarding the effectiveness or
      health benefits or detriments of any actual or proposed fitness regimen to be
      created for Client pursuant to this Agreement.
   7. Consultant shall assist Client in designing a fitness regimen based upon
      information to be provided by Client, including any relevant health conditions to
      be disclosed by Client. Consultant shall bear no liability for any health conditions
      of Client based upon or purported to be based upon, Client following such fitness
   8. It shall be Client’s sole responsibility to seek the advice of medical personnel
      and/or to obtain a physical examination by a qualified physician, prior to
      beginning any fitness regimen recommended by Consultant.
   9. Client agrees to disclose to Consultant any and all relevant health related issues
      and/or conditions, including but not limited to any prior health problems.
   10. Client agrees to advise Consultant at any time the proposed fitness regimen has
       become too difficult for Client to continue, and/or at any time Client is not
       physically able to perform any or all of the proposed fitness regimen.
   11. Consultant shall not be responsible to purchase any fitness equipment on Client’s
       behalf, nor to enroll Client in any gym or pay any gym membership on Client’s
       behalf, unless otherwise expressly set forth herein.
   12. Any proposed fitness regimen prepared or submitted to Client will remain
       Consultant’s property (regardless of whether the physical embodiment of creative
       work is in your possession in the form of copy, artwork, plates, recordings, films,
       tapes, etc.) and may be submitted to other clients for their use.
   13. In the event of a breach hereunder and a failure to cure such breach within thirty
       (30) days of written notice of such breach, this Agreement may be terminated by
       either party upon written notice.
   14. The provisions of this Agreement are severable, and if any one or more provisions
       may be determined to be illegal or otherwise unenforceable, in whole or in part,
       the remaining provisions, and any partially enforceable provision to the extent
       enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
   15. The rights and obligations of the Client under this Agreement shall inure to the
       benefit of and shall be binding upon the successors and assigns of the Client. The
       rights, obligations and duties of Consultant hereunder may not be assigned or
       delegated without the Client's prior written consent except that Consultant may
       assign its interest to a company formed by Consultant for the purpose of
       providing such services.
   16. Both parties acknowledge and agree that Consultant's engagement hereunder is
       not exclusive and that either party may provide to, or retain from others similar

© Copyright 2012 Docstoc Inc.                                                               3
      services to those provided hereunder by Consultant, provided that it does so in a
      manner that does not otherwise breach this Agreement. Neither party is, nor shall
      claim to be, a legal agent, representative, partner or employee of the other, and
      neither shall have the right or authority to contract in the name of the other nor
      shall it assume or create any obligations, debts, accounts or liabilities for the
   17. The Consultant represents and warrants to the Client that he/she is under no
       contractual or other restrictions or obligations which are inconsistent with the
       execution of this Agreement, or which will interfere with the performance of
       his/her duties or provision of services hereunder. Consultant represents and
       warrants that the execution and performance of this Agreement will not violate
       any policies or procedures of any other person or entity for which he/she performs
       services concurrently with those performed herein.
   18. In performing the services, Consultant shall comply, to the best of his/her
       knowledge, with all business conduct, regulatory and health and safety guidelines
       which are actually known to or should be known to Consultant, based on
       Consultant’s skill and expertise.
   19. The Consultant acknowledges and agrees that it shall be solely responsible to pay
       any and all incomes taxes on any moneys earned from Client while performing
       services contemplated under this Agreement. The Consultant further
       acknowledges that the Client will not at any time withhold any taxes from the
       Client’s payments to the Consultant under this Agreement for the purposes of
       income tax or any other applicable taxes.
   20. Any notices or other communications required or permitted under this Agreement
       shall be in writing and shall be deemed to have been duly given and delivered
       when delivered in person, two (2) days after being mailed postage prepaid by
       certified or registered mail with return receipt requested, or when delivered by
       overnight delivery service or by facsimile to the recipient at the following address
       or facsimile number, or to such other address or facsimile number as to which the
       other party subsequently shall have been notified in writing by such recipient:
          If to the Client:
                  [Instruction: Insert Client notice information here.]
          If to the Consultant:
                  [Instruction: Insert Consultant notice information here.]
   21. Either party's failure to enforce any provision or provisions of this Agreement
       shall not in any way be construed as a waiver of any such provision or provisions
       as to prior or future violations thereof or of any other provision of this Agreement,
       nor prevent that party thereafter from enforcing each and every other provision of
       this Agreement. The rights granted the parties herein are cumulative and the
       waiver by a party of any single remedy shall not constitute a waiver of such
       party's right to assert all other legal remedies available to him or it under the

© Copyright 2012 Docstoc Inc.                                                             4
   22. This Agreement will be governed by and interpreted in accordance with the
       substantive laws of the State of _____ [Instruction: Insert state.] without
       reference to conflicts of law. [Comment: Parties may wish to consider
       including alternative dispute resolution provisions.]
   23. The various captions and section headings contained in this Agreement are
       inserted only as a matter of convenience and in no way define, limit or extend the
       scope or intent of any of the provisions of this Agreement.
   24. The pronouns used herein shall include, where appropriate, either gender or both,
       singular and plural.
   25. With respect to its subject matter, this Agreement constitutes the entire
       understanding of the parties superseding all prior agreements, understandings,
       negotiations and discussions between them whether written or oral, and there are
       no other understandings, representations, warranties or commitments with respect
   26. This Agreement may be signed in one or more counterparts, each of which when
       exchanged will be deemed to be an original, binding upon the parties as if a single
       document had been signed by all, and all of which when taken together will
       constitute the same agreement. Any true and correct copy of this Agreement
       made by customary, reliable means (e.g., photocopy or facsimile) shall be treated
       as an original.
   27. No modification to this Agreement, nor any waiver of any rights, will be effective
       unless assented to in writing by the party to be charged.
   28. The person(s) executing this agreement hereby represent and warrant that each
       respectively has the authority to execute this agreement on behalf of the party for
       which he is executing.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first written above.


[Instruction: Insert Client signature block.]

© Copyright 2012 Docstoc Inc.                                                                5

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