Contracts.ppt - by niusheng11


									Types of contracts
            Participants Contract
      Membership Contract/Agreement
           Employment Contract
   Service and/or supply of goods Contract
        Preferred Providers Contract
             Franchise Contract
             Lease Agreement
            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
      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.
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
    membership contract
                       “Membership Agreement”
               Sounds better than “Membership Contract”

 Members might be worried about signing a contract but happy to sign an

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:
        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

  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

                                 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
  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

           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

Fitness Australia will request a copy of your completed certificate and TAFE
                   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


                   “FAIR TRADING”

                           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.

          (trade mark search)

    (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
   Transfers relate to staff or athletes and the clause within their contract
   allowing transfers between teams, agencies or divisions.

       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”
A franchise is the purchase of a well established name and service for a

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

             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

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