Types of contracts Participants Contract Membership Contract/Agreement Employment Contract Service and/or supply of goods Contract Preferred Providers Contract Licences Trademarks/Branding/Badging Transfers Franchise Contract Lease Agreement Sponsorship Funding Applications Participants Contract In a Personal Training Business the most important „contract‟ relevant to your participants is a release of liability. This is usually included in the participants Pre Exercise Questionnaire (PAR Q) or their Membership Contract. “I agree that I am participating in this physical exercise of my own free will and at my own risk. I understand accidents and injuries can/may occur as a result of participating in physical exercise. I ________________release eNVy Personal Training of any liability in the event of an accident/injury/fatality resulting from my participation in physical exercise.” Participant Signature: ___________ Personal Trainer Signature:___________ Print Name: ___________________ Print Name: _______________ Date: _________________ Date: _________________ Logo – Looks Professional Name: ______________________ Address: _______________________________________ Member Details, Contact No: (H)____________ (M)_____________ Including DOB for DOB: _______________ insurance reasons I agree to pay for 4 personal training sessions in advance. I understand that cancellation notice must be given 24 hours prior to the scheduled PT session time, and if I do not give 24 hours notice, I incur the full cost of that PT session. Advance Payment I understand cancellation notice must be received in the form of a telephone call or SMS text message. Cancellation Policy I understand confirmation of this cancellation is not guaranteed until I speak to and/or receive a return SMS text message from THE FITNESS SHERRIFF staff. I acknowledge that this membership application was completed in full at the time of signing. I have read and understand any conditions set out by THE FITNESS SHERRIFF prior to signing this contract. I agree that my participation in physical Participate at their own exercise, even when under the instruction of THE FITNESS SHERRIFF and it‟s staff, is completely at my own risk. risk I release and exonerate THE FITNESS SHERRIF as follows: I participate in physical activity at my own risk. Release of liability I release THE FITNESS SHERRIFF, it‟s staff and agents, from and against any form of action or claims made by me or through a third party, in relation to any injury, loss, damage or death caused to me or my property, whether by negligence, breach of contract or in anyway what so ever. I also agree that in the event I am injured or my property is lost, stolen or damaged, I will bring no claim against THE FITNESS SHERRIF, it staff or agents, in respect to the stated injury and/or property. Client Signature: ___________________ Staff Signature: _________________ Client Name:______________________ Staff Name: ____________________ Date: ____________________________ Date: _________________________ No contract is legally binding unless it has a client name, No contract is legally binding signature and date unless it is witnessed by someone membership contract “Membership Agreement” Sounds better than “Membership Contract” Members might be worried about signing a contract but happy to sign an agreement Membership Agreement can include: Direct debit agreement Minimum commitment eg: 10 personal training sessions or 12 months Employment contract Employment contracts relate to your employee and employer obligations in relation to their workplace and employment. Employment Contracts can include: Salary Working Hours Working Conditions Tasks to be completed Eg: Set up, pack up equipment Agreement to up skill Eg: Specific groups Equipment Supplied Eg: Laptop, Personal Training Equipment, Car Contract timeframe Eg: 2 years Salary and conditions renegotiation timeframe Eg: every year Service and/or supply of goods contract What services or goods contracts would relate to you and your personal training business? Goods Equipment A sports equipment supplier may give you a discount if you sign up with them An equipment supplier (treadmills/spin bikes) may include themselves as the only company permitted to service the equipment to maintain the warrantee Services Printing Maintenance Cleaning Lawn Moving Preferred provider contract Similar to a goods or service contract, but does not allow you to use any other supplier Eg: Cybex Equipment may be your preferred supplier BUT Workout World offer you a deal on another brand of Treadmill. If Cybex is your preferred supplier, you will be breaching your contract by purchasing or using another brand. Licences / Registration Local Council Personal Training Permit/License Some Local Councils only permit personal training with a permit. Permits have restrictions such as: Exclusion Zones: No Personal Training Permitted at certain locations including stairs 50m from playground equipment 10m from public toilets/amenities picnic sheds and benches Excluded Activities: Aggressive activities (boot camps) Amplified music/voice Eligibility: Current First Aid Current Fitness Australia Member Current Public Liability Insurance Licences / Registration Personal Trainer Registration All personal trainers must be registered with Fitness Australia to purchase insurance. Fitness Australia will request a copy of your completed certificate and TAFE transcript. Registered Business Name License You can perform a business in your own name Eg: Nicole Forsyth, but once you change this Eg: Nicole Forsyth Personal Training Services you must register this business name with NSW Dept of Fair Trading www.fairtrading.nsw.gov.au REGISTERING YOUR BUSINESS NAME Read “FAIR TRADING” Handout Trademarks Represented by the symbol TM Registration of a trademark gives the owner the legal right to exclusive use or control of the trademark. Complete a Trademark Search before you register your PT business name or create your logo. http://www.ipaustralia.gov.au (trade mark search) http://www.search.asic.gov.au (business name index register) The owner of a trademark can take legal action against others who attempt to use their name and/or symbol Personal training Trademarks transfers Transfers relate to staff or athletes and the clause within their contract allowing transfers between teams, agencies or divisions. Example: Mark GASNIER St George Dragons NRL French Rugby Union His contract had an “Exit Clause” allowing him to transfer after 2 years. Some contracts have “Transfer Costs” franchises A franchise is the purchase of a well established name and service for a fee. Franchise Costs include: Purchase Fee Set up fee Shop fit out (usually a specified fit out with preferred services to be used) Ongoing (monthly) costs for Australia wide advertising Percentage of takings (eg: 15% of weekly profits) Personal training franchises Eg: Fitness First, The Original Boot Camp May Include: Initial Purchase Cost Ongoing Rent (if it‟s within a gym) Agreement to work „hours‟ on the floor as an exercise specialist (Cert III) Percentage of takings Ongoing fee‟s (Eg: Monthly fee) The company organising your Local Council PT License The Company covering your insurance costs Lease agreement Lease agreements can be: Private agreements b/w owner and tenant Agreements b/w Real Estate agent and tenant Lease agreements include: Time frame Eg: 4 year lease Cost per week Eg: $500/week for period of lease (4 years) Restrictions of shop fitting and remodelling Lease agreements can also be for equipment Eg: You may choose to lease your equipment rather than buy it outright WHAT COULD BE THE BENEFITS OF LEASING EQUIPMENT ? Maintenance may be included in the monthly cost All equipment under warrantee You can update equipment as soon as the lease expires (sometimes upgrades are permitted throughout the lease) You may want to upgrade your treadmills to ones with TV‟s attached QUESTIONS ?
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