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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 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 © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 2 “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 © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 3 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. © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 4 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 © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 5 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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