Personal Trainer Services Agreement

					Personal Trainer Services
Agreement
This Personal Trainer Services Agreement can be used between a trainer and a client
that wants to use the trainer’s services. Customize the information of the parties, the
time and location of training services, the trainer’s fees, and more. In addition, this
agreement includes disclaimers so that the trainer will not be liable if the client does not
achieve desired results. This agreement is ideal for individuals or small businesses that
want to provide or receive personal training services.
                    PERSONAL TRAINER SERVICES AGREEMENT

THIS PERSONAL TRAINER SERVICES AGREEMENT (hereinafter referred to as the
“Agreement”), is made on ______________________ [Instructions: Insert the date] by and
between ___________________ [Instructions: Insert the Trainer’s name] (hereinafter referred
to as the “Trainer”) of _____________________________________ [Instructions: Insert the
Trainer’s address] and ___________________ [Instructions: Insert the Client’s name]
(hereinafter referred to as the “Client”) of _____________________________________.
[Instructions: Insert the Client’s address]

WHEREAS, Client desires to engage the services of Trainer for the purposes of providing
personal trainer services; and subject to the terms and conditions contained herein, Trainer
desires to accept said engagement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
below, it is hereby covenanted and agreed by the parties as follows:

1.       TRAINER SERVICES

Commencing on _________________, [Instructions: Insert the start date of training] Trainer
shall design a personal training program for Client that reflects Client’s: (a) current fitness level;
(b) experience; (c) fitness goals and objectives; and (d) desired commitment to fitness
(collectively, the “Services”). Trainer shall provide the Services in __________ (___)
[Instructions: Insert the number of minutes each training session will last] minute sessions
(each a “Session”). Unless otherwise mutually agreed by Trainer and Client, the Sessions shall
be provided at _______________________ [Instructions: Insert where the training sessions
will be provided] on the days and at the times described in the “Session Schedule” set forth in
Exhibit “A,” attached hereto and incorporated herein.

2.       CANCELLATION

        a.     By Client. In the event that Client desires to cancel or postpone a Session, Client
shall provide at least ___________ (____) [Instructions: Insert the number of days/hours
notice required to cancel a training session] [Instructions: Choose one] days /// hours prior
notice (the “Cancellation Deadline”).

       b.       By Trainer. Trainer reserves the right to cancel or postpone a Session in the event
of Trainer’s illness, health emergency, family emergency or other emergency. In the event of
such cancellation or postponement, Trainer shall use best efforts to: (i) provide Client with as
much advance notice as possible; and (ii) reschedule the Session as soon as possible.

3.       TARDINESS

        a.    In the event that Client arrives late, all such late time will be deducted from the
Session. Furthermore, in the event that Client is more than ___________ (____) [Instructions:
Insert the maximum number of minutes Client may be late to a training session e.g. “10” or


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“15”] minutes late for a Session, the Session shall be deemed cancelled by Client and Client will
be required to pay the Fee regardless of whether the Services are rendered by Trainer.

       b.         In the event that Trainer arrives late, all such late time will be added to the
Session.

4.       COMPENSATION

        a.    Fee. In consideration of the Services performed by Trainer hereunder, Client
shall pay Trainer a flat fee of __________ Dollars ($____) [Instructions: Insert the amount
Trainer will charge for each session] (the “Fee”) per Session. The Fee shall be payable
following completion of each Session.

       b.      Cancellation. In the event that the Client provides notice of cancellation prior to
the Cancellation Deadline, the Client shall not be required to pay the Fee for the applicable
Session. In the event that the Client fails to provide notice of cancellation of the Session or
provides notice after the Cancelation Deadline, the Client shall be required to pay the Fee,
regardless of whether the Services are rendered by Trainer.

        c.     Materials Costs. Any materials required for the Services shall be purchased by
Client and are not included in the Fee.

       d.      Late Payments. In the event the Client fails to pay any Fee to the Trainer as
contemplated in the Agreement, Trainer shall have the right to cease all Services until such time
Client makes such payment. Further, in the event Client fails to pay any Fee within
___________ (____) [Instructions: Insert the number of days Client has to pay the Trainer’s
fees] days of such payment being due, such a breach may be deemed a material breach of the
Agreement and Trainer may elect to terminate the Agreement and not provide any further
Services.

5.       LIMITATION OF LIABILITY

        a.      Informed Consent. Client does hereby consent to participation in personal training
(the “Activity”), which will include weight training and/or cardiovascular exercise. Client
certifies that Client is physically capable of participating in the Activity and has informed
Trainer of any medical or health conditions that Client may have that may affect Client’s ability
to safely participate in the Activity. Client agrees to supply a doctor’s note should Client have
experienced any of the following conditions: chest pain while exercising, chest pain while not
exercising, loss of balance because of dizziness, loss of consciousness, bone or joint problem that
could worsen as a result of physical activity, prescribed medication for blood pressure or heart
condition, doctor’s indication of a heart condition, or any other reason why Client should not
partake in physical activity. In addition, Client agrees to inform Trainer of any changes in
Client’s medical or health condition while receiving Services hereunder. Client has been
informed and understands that the Activity has been associated with certain risks, including but
not limited to musculoskeletal injury, spinal injuries, abnormal blood pressure responses, and, in
rare instances, heart attack or death. Every effort will be made to minimize these risks. Client



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gives permission for Trainer to seek emergency medical services for Client should Client
become injured or ill with the understanding that Client is responsible for any expenses incurred.
Client fully understands that Trainer does not provide any medical insurance coverage for Client
while participating in the Services.

        b.     Waiver. Client and Client’s heirs, personal representative or assigns, hereby
release, waive, discharge, and covenant not to sue Trainer and Trainer’s officers, employees, and
agents from liability from any and all claims including the negligence of Trainer and Trainer’s
officers, employees, and agents resulting in personal injury, accidents, or illnesses (including
death) and property loss arising from, but not limited to the Activity.

        c.      Assumption of the Risk. Participation in the Activity carries with it certain
inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The
specific risks vary from one activity to another but the risks range from minor injuries such as
scratches, bruises, and sprains to major injuries such as eye injury or loss of sight, joint or back
injuries, heart attacks, and concussions to catastrophic injuries including paralysis and death.
Client acknowledges that participating in the Activity is a dangerous activity and Client knows,
understands, and appreciates these and other risks that are inherent in the Activity. Client hereby
assert that Client’s participation is voluntary and that Client knowingly assumes all risks
associated with the Activity, even risks that Client and Trainer cannot foresee.

        d.     Indemnification. Client agrees to indemnify and hold harmless Trainer and
Trainer’s officers, employees, and agents from any and all claims, actions, suits, procedures,
costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of Client’s
involvement in the Activity and to reimburse Trainer and Trainer’s officers, employees, and
agents for any such expenses incurred.

        e.      Acknowledgement of Understand. Client has read this paragraph and fully
understands its terms. Client understands that Client is giving up substantial rights, including
Client’s right to sue. Client acknowledges that Client intends this paragraph to be a complete and
unconditional release of all liability to the greatest extent allowed by law

6.       NO GUARANTEES

The parties understand that Trainer does not make any guarantees as to the level of fitness
improvement that Client will achieve. Client’s success with the personal training lies with
Client; it is Client’s responsibility to invest the time and effort required to achieve Client’s
fitness goals. Client agrees to indemnify and hold Trainer harmless for any failure by Client to
achieve any fitness goals.

7.       TERMINATION

Either party may terminate this Agreement by providing the other party with at least
___________ (____) [Instruction: Insert the number of days written notice required to
terminate this agreement] days written notice.




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8.       MISCELLANEOUS

       a.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

       b.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

       c.      Any and all additions, deletions, or modification to this Agreement must be in
writing and signed by the parties or it shall have no effect and shall be void.

        d.      This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Notwithstanding the foregoing, neither
party may assign or transfer its rights or delegate its obligations under this Agreement without
the other party's prior written consent, which consent will not be unreasonably withheld.

       e.     This Agreement shall be governed in accordance with the laws of the State of
______________, [Instructions: Insert the state’s laws that will govern this agreement]
applicable to agreements to be wholly performed therein, without giving effect to its laws
governing conflict of laws.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

TRAINER:                                                         CLIENT:
__________ [Instructions: Insert name]                           __________ [Instructions: Insert name]



__________________________                                       __________________________
By: Authorized Signatory                                         By: Authorized Signatory




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                                                   EXHIBIT “A”

                                             SESSION SCHEDULE

Unless otherwise mutually agreed by Trainer and Client, the Sessions shall be provided at the
following days and times:

Sunday           Monday            Tuesday           Wednesday            Thursday   Friday   Saturday

.




© Copyright 2014 Docstoc Inc. registered document proprietary, copy not                       6

				
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Description: This Personal Trainer Services Agreement can be used between a trainer and a client that wants to use the trainer’s services. Customize the information of the parties, the time and location of training services, the trainer’s fees, and more. In addition, this agreement includes disclaimers so that the trainer will not be liable if the client does not achieve desired results. This agreement is ideal for individuals or small businesses that want to provide or receive personal training services.