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 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. FITNESS CONSULTING AGREEMENT 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"). WITNESSETH: WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.]; and 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 regimen. 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 other. 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 circumstances. © 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 thereto. 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. _________________________ Consultant _________________________ [Instruction: Insert Client signature block.] © Copyright 2012 Docstoc Inc. 5
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