Fill and Sign the Agreement Fitness Contract Form

Agreement with Fitness Instructor Agreement made this       day of       , 20       , by and between       a corporation organized and existing under the laws (Name of Company) of the state of       , with its principal office located at (Name of State)       , referred to herein as Company, and (Street Address, City, County, State, Zip Code)       of       , (Name of Contractor) (Street Address, City, County, State, Zip Code) referred to herein as Contractor. Whereas, Contractor is an independent contractor willing to provide certain skills and abilities to Company as a Fitness Instructor; and Whereas, Company has a need for a Fitness Instructor; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Company hereby engages the services of the Contractor as an independent contractor, and the Contractor hereby accepts the engagement. 2. The term of this Agreement shall commence on       . Either party may, with (Date) or without cause, terminate this Agreement by giving       days’ written notice to (Number) the other. 3. The Independent Contractor is responsible for his own tax returns as a self employed trainer. Travel or related expenses are also the responsibility of the Contractor, and Company shall not reimburse any travel or related expenses. 4. Company shall be paid       % of all training profit, such amount to be paid on the first business day of each month for the previous month by the Contractor. 5. Contractor shall provide copies the following: current fitness liability papers, current certifications and first aid/CPR certifications. 6. Contractor is an Independent Contractor and may engage in other business activities provided, however, that Independent Contractor agrees that he shall not during the term of this Agreement, or for a period of       months from the termination of this Agreement, (Number) Agreement with Fitness Instructor Page 1 of 3 canvass, solicit, interfere with or endeavor to entice away any Company employees, clients or accounts on behalf of Contractor. To avoid doubt, a client means any person, firm, company or other entity to which Company has provided services in the period of one year preceding the termination of the Agreement. 7. If Contractor becomes unable to perform services pursuant to this Agreement by reason of illness, incapacity or death, compensation shall cease upon the happening of the event. 8. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 11. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Mandatory Arbitration . Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement . This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. Agreement with Fitness Instructor Page 2 of 3 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 17. Independent Contractor Status. It is agreed between parties that Contractor is an independent contractor in the performance of every part of this Agreement and solely and personally liable for all labor and expenses in connection with the Agreement and for any and all damages that may be occasioned on account of the operation of this Agreement, whether the same be for personal injuries or damages of any other kind. WITNESS our signatures as of the day and date first above stated.       (Name of Company) By: By: (Signature of Contractor) (Signature of Officer)             (Printed Name of Contractor) (P rinted Name & Office in Corporation) Agreement with Fitness Instructor Page 3 of 3