Athletic Training Contract

Athletic Training Contract

This Athletic Training Contract (the Agreement) is made and entered into as of between Trainer Name: and Client Name: .

WHEREAS

WHEREAS, Trainer represents that Trainer is duly qualified and certified to provide athletic training, conditioning, injury prevention and related services for athletes and clients and maintains appropriate licenses and insurance as required for the services described herein; and

WHEREAS, Client desires to engage Trainer to perform athletic training services for Client or Client's athletes on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their rights and obligations with respect to the services to be provided and the payment to be made.

Scope of Work

Trainer shall provide athletic training services including, but not limited to, assessment, program design, individual and group training sessions, injury prevention protocols, on-field or on-court emergency care, rehabilitation guidance, and written training plans (collectively, the Services). Trainer shall perform the Services in a professional manner consistent with industry standards and applicable certifications.

Payment Terms

Client shall pay Trainer for the Services in accordance with the following terms. All amounts are in U.S. dollars unless otherwise stated.

Invoices are due within days of receipt. Any amount not paid when due shall accrue interest at a rate of % per month (or the maximum permitted by law, if lower). Client shall also reimburse Trainer for reasonable collection costs, including attorneys' fees, incurred to collect unpaid amounts.

Term and Termination

This Agreement shall commence on the Effective Date set forth above and shall continue until the Term End Date set forth below, unless earlier terminated in accordance with this Agreement.

Term Start Date:   Term End Date:

Either party may terminate this Agreement for convenience upon written notice delivered to the other party at least days prior to the desired termination date. Either party may terminate immediately for material breach by the other party if such breach is not cured within thirty (30) days after receipt of written notice of such breach. Termination shall not relieve Client of the obligation to pay Trainer for Services performed and expenses incurred through the effective date of termination.

Insurance; Independent Contractor; Liability

Trainer shall maintain at Trainer's expense general liability and professional liability insurance in commercially reasonable limits and provide evidence of such insurance upon request. Trainer is an independent contractor and not an employee, agent, or partner of Client. Trainer retains control over the manner and means of performing the Services. Client acknowledges that participation in athletic training and athletic activity involves risk of injury; Client shall ensure that all participants have completed any required medical clearance and consents prior to participation.

To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Trainer and Trainer's agents, employees and contractors from and against all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Client's negligence, willful misconduct, or failure to follow Trainer's safety instructions.

Confidentiality

During the term of this Agreement and for a period of two (2) years thereafter, each party shall hold in strict confidence and shall not disclose to any third party Confidential Information of the other party. "Confidential Information" means non-public information disclosed in written, oral or electronic form that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure, including training plans, performance metrics, medical or health information, and proprietary methods. Confidential Information does not include information that: (a) is or becomes generally available to the public other than as a result of a breach of this Agreement; (b) was lawfully in the receiving party's possession prior to receipt from the disclosing party; or (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

A party may disclose Confidential Information to the extent required by law or valid legal process provided that the party required to disclose gives the other party prompt written notice and cooperates, at the other party's expense, in any effort to obtain confidential treatment or a protective order.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles. The parties shall attempt in good faith to resolve any dispute arising under this Agreement through negotiation. If the parties are unable to resolve a dispute within sixty (60) days, the dispute shall be resolved by binding arbitration conducted in the county or jurisdiction selected by the party initiating arbitration, unless the parties agree otherwise in writing.

Entire Agreement; Amendment

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, understandings and agreements, whether written or oral. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

Representations and Certifications

Trainer represents and warrants that Trainer holds all certifications, licenses and insurance required to perform the Services and will notify Client promptly of any suspension or lapse that would materially affect Trainer's ability to perform. Client represents and warrants that any participants are medically cleared to participate and will disclose any material health conditions to Trainer in writing prior to participation.

Sign Now