Invoice of Compensation Template by avg11118


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Note: This document is a TEMPLATE only. Use it only as a guideline to determine what is
appropriate for your organization. To customize this template for your organization’s purposes:
Delete this box and complete the fill-in lines as appropriate.

                     EnhanceFitness Instructor Services Contract

THIS contract, dated the ___ day of ___________, is between _______________ [organization’s
name] and ____________________ (“EnhanceFitness Instructor”). The purpose of this contract
is to outline the responsibilities between _______________ [organization’s name] providing
EnhanceFitness and the EnhanceFitness Instructor.

I. EnhanceFitness Instructor Scope of Services and Responsibilities.

       A. Scope of Services. The EnhanceFitness Instructor will teach EnhanceFitness on the
          following days and times:

          ________________ [dates and times]

          The classes will be taught at _______________ [site location]. The EnhanceFitness
          classes may not be offered at any site that is not licensed for EnhanceFitness.

       B. Responsibilities. The EnhanceFitness Instructor shall:

              1. Agree to arrive on time for each class, allowing for set up and take down time.

              2. Notify the Site Coordinator at once, if unable to teach a regularly scheduled
              class: _______________ [name and phone number of Site Coordinator].

              3. Notify the Site Coordinator of any class changes, including cancellations,
              instructor substitutions, and change of meeting place.

              4. Be responsible for completing fitness checks and returning the Fitness Checks
              Forms to the Site Coordinator.

              5. Teach the EnhanceFitness class per the EnhanceFitness protocols.

              6. Agree to a 1-month and annual evaluation, as well as a 3- and 6-month
              evaluation, if needed, by an EnhanceFitness Master Trainer. If the evaluation
              reveals any inadequacy, the Instructor agrees to incorporate changes as required.

              7. Notify the Site Coordinator at once if an accident occurs in class.

                            [INSERT YOUR LOGO HERE.]

             8. Submit monthly invoice by ___ [day] of each month for time and allowable
             expenses. Unless Instructor has been given written approval, hours may not
             exceed ___ hours per month. Instructor’s time includes preparation, actual class
             time, fitness checks, and paperwork.

             9. Assist with marketing their EnhanceFitness class.

             10. Collect class fees and submit them to the Site Coordinator.

             11. Be responsible for maintaining the equipment and supplies and for notifying
             the Site Coordinator of any equipment issues.

             12. Coordinate with the Site Coordinator to ensure all EnhanceFitness forms are
             completed properly, including: Attendance Sheets, Participant Information Forms,
             Health History Forms, Fitness Checks Forms.

             13. Arrange for a substitute EnhanceFitness Instructor, if the Instructor cannot
             teach a class, and notify the Site Coordinator of the temporary class instructor

             14. Provide at least one (1) week’s notice, if a class needs to be cancelled.

             15. Provide at least two (2) weeks’ notice, if unable to fulfill their responsibilities.

      C. Best Practices. All of EnhanceFitness Instructor’s services shall be provided in a
         manner consistent with the best practices in Contractor’s industry.

             1. Compliance. The EnhanceFitness Instructor has all required certifications,
                licenses, bonds, business identification number and permits, and will provide
                its services under this Agreement in strict compliance with all applicable laws.

             2. Confidentiality. The EnhanceFitness Instructor shall maintain participant
                confidentiality unless the participant has provided written authorization to
                release information.

             3. Non-discrimination. The EnhanceFitness Instructor shall not discriminate on
                the basis of age, gender, marital status, familial status, religion, race, color,
                creed, sex, religion, age, national origin, marital status, sexual orientation,
                gender identity, political ideology, the presence of any sensory, mental or
                physical disability or any other basis prohibited by law. The EnhanceFitness
                Instructor shall comply and cooperate with all federal, state and local laws and
                agencies in ensuring full compliance with the laws against discrimination.

II. __________[organization’s name] Responsibilities.

                            [INSERT YOUR LOGO HERE.]

      A. Responsibilities. ______________ [organization’s name] shall:

             1. Pay for Instructor’s attendance in the EnhanceFitness New Instructor Training.

             2. Market the EnhanceFitness class.

             4. Obtain from and return to Project Enhance the following EnhanceFitness forms:
             Attendance Sheets, Participant Information Forms, and Fitness Checks Forms.

             5. Allow the Instructor to use the Organization’s equipment in the EnhanceFitness

III. Compensation.

      A. Reasonable Rate. The parties agree that the rate of compensation described in this
         Agreement is reasonable considering all the circumstances pertaining to the position,
         duties, and time requirements.

      B. Rate of compensation. The Instructor shall receive $____ per _______ [class/hour] to
         teach the EnhanceFitness class.

      C. Payment Terms. Payment shall be made to the Instructor upon receipt of an invoice
         (including original signature) and payment will be following a month’s class [include
         terms of payment, such as invoice submittal].

      D. Requirements for Compensation. Invoices shall be sent to _____________
         [organization’s name], ATTN: ______________, ________________________

      E. Limited Expense Reimbursements. Any additional limited expenses must be
         preapproved by _____________ [organization’s name].

IV. Mutual Obligations/Understandings.

      A. Liability. Each party is responsible for its own acts and omissions and those of its
         officers, employees and agents. No party is responsible for the acts of third parties.
         Each party agrees and covenants to indemnify and hold the other parties harmless
         against any liability or loss with respect to any acts or omissions of the indemnifying
         party, its officers, employees, agents or subcontractors related to the Program or this

      B. Insurance.     The EnhanceFitness Instructor shall provide to __________
         [organization’s name] certificates of insurance that evidence the following coverage:
         1) comprehensive general and professional liability of $__________ per occurrence

                      [INSERT YOUR LOGO HERE.]

   and $__________ aggregate; 2) automobile liability of $__________ per occurrence
   and $__________ aggregate; 3) property coverage in an amount necessary to cover
   any property to be used in EnhanceFitness or Agreement.

C. Authority. The EnhanceFitness Instructor does not have, and shall not hold itself out
   as having, the authority to create any contract or obligation that is binding on
   ___________________ [organization’s name] unless ___________________
   [organization’s name] otherwise consents in writing.

D. Independent Contractor. The EnhanceFitness Instructor is an independent contractor
   to and is not an employee of ______________ [organization’s name]. The Instructor
   shall be subject to ______________ [organization’s name]’s control and direction as
   to the results to be accomplished, but not as to the details and means by which the
   results are accomplished.       The Instructor shall not be covered by any of
   ______________ [organization’s name]’s benefit programs, such as health and
   welfare benefit plans, social security, workers’ compensation or unemployment
   compensation, and shall not be treated as an employee for federal tax purposes or any
   other purpose. The EnhanceFitness Instructor shall be responsible for paying all taxes
   related to payments from ______________ [organization’s name], including federal
   income taxes, self-employment (social security and Medicaid) taxes and state
   business and occupations taxes, and ______________ [organization’s name] is not
   responsible for withholding for or paying any of those taxes.

E. Waiver of Breach. The waiver by either party of any breach of any provision of this
   agreement shall not waive any other breach.

F. Alternative Dispute Resolution. The parties agree that any dispute arising out of or
   related to this Agreement shall be submitted to arbitration. Arbitration shall
   constitute the sole and exclusive process for resolution of any such dispute. Either
   party may demand arbitration by serving a written demand on the other party within
   not more than sixty days of the event giving rise to the dispute. The Arbitration shall
   occur in ______________ [city, state], and this Agreement shall be construed under
   the laws of the state of ______________ [state]. The parties may mutually agree
   upon an arbitrator or, if that is not possible, select from a panel provided by the
   American Arbitration Association. Each party shall be responsible for its own costs,
   including attorneys’ fees, incurred in the arbitration. The arbitrator’s decision shall be
   final and binding upon the parties.

G. Quality of Services Rendered. ______________ [organization’s name] reserves the
   right to evaluate the quality of services provided by Instructor at any time during the
   Agreement term.

                            [INSERT YOUR LOGO HERE.]

      H. Termination:       This Agreement may be terminated by ______________
         [organization’s name] with or without cause by providing _____ [days’/weeks’]
         written notice to the EnhanceFitness Instructor. This Agreement may be terminated
         by the EnhanceFitness Instructor, with or without cause, by providing _____
         [days’/weeks’] written notice to ______________ [organization’s name].

      I. Complete Agreement. This Agreement is the final and complete expression of all
         agreements signed between these parties. It may not be changed orally but only by an
         agreement in writing signed by each party.

      J. Effective Date of Agreement. Terms of the Agreement are effective on the date of
         signature by both parties.     The Agreement terminates the ____ day of

      K. Renewability. The contractual relationship between the EnhanceFitness Instructor
         and ______________ [organization’s name] will end on the date set forth in
         paragraph J and is not automatically renewable. The Agreement may or may or not be
         renewed by ______________ [organization’s name].

BY:                                              BY:
      [organization’s name]                              EnhanceFitness Instructor

DATE: _____________________                      DATE:             _____________________

               [INSERT YOUR LOGO HERE.]


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