Fitness Day Specification Sheet

FITNESS DAY SPECIFICATION SHEET AND SERVICES AGREEMENT

This Fitness Day Specification Sheet and Services Agreement (the Agreement) is entered into between the parties identified below as of the Effective Date. Client Name: Service Provider Name:

WHEREAS

WHEREAS, Client seeks to engage Provider to plan, supply personnel, equipment, and instruction for a one-day fitness event described herein (the Fitness Day); and

WHEREAS, Provider represents that it is qualified and possesses the personnel, equipment, and insurance necessary to perform the services set forth in this Agreement; and

WHEREAS, the parties desire to set forth the scope, schedule, payment terms, and other material obligations related to the Fitness Day.

EVENT IDENTIFICATION

Event Date:   Event Location:

SCOPE OF WORK

Provider shall furnish the following services and deliverables for the Fitness Day. Provider agrees to perform services professionally and in accordance with industry standards.

PAYMENT TERMS

Total Fee: $   Deposit Amount: $

Deposit Due By:

Late Fee:

CANCELLATION, RESCHEDULING, AND REFUNDS

TERMS; TERM AND TERMINATION

Agreement Start Date:

Agreement End Date (if applicable):

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period specified above. Termination does not relieve Client of the obligation to pay for services performed or non-cancellable costs incurred by Provider prior to termination.

INSURANCE, LIABILITY, AND SAFETY

Provider shall maintain commercial general liability and professional liability insurance sufficient to cover activities under this Agreement. Client may require proof of insurance no later than the deposit due date. Provider is responsible for ensuring instructors hold applicable certifications.

CONFIDENTIALITY

Each party agrees that Confidential Information disclosed by the other party shall be held in strict confidence and used solely for the performance of this Agreement. Confidential Information excludes information that is or becomes publicly known through no wrongful act of the receiving party, is received from a third party without breach of any obligation of confidentiality, or is independently developed. The obligations in this section survive termination of this Agreement for a period of two years.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any attachments or schedules signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Independent Contractor. Provider is an independent contractor and not an employee, agent, or partner of Client. Provider retains control over the means and methods of performing services, subject to the specifications set forth herein.

Assignment. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign to an affiliate or successor entity that assumes Provider's obligations hereunder.

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