PERSONAL TRAINER LICENCE AGREEMENT

Transcription

1 PERSONAL TRAINER LICENCE AGREEMENT THIS AGREEMENT is made 28/01/2015 BETWEEN (1) Pure Gym Limited whose registered office is at Town Centre House, Merrion Centre, Leeds, LS2 8LY, company registration number: ( LICENSOR ); and (2). Name the LICENSEE ) NOW IT IS AGREED as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Induction Slots means but is not limited to the activities listed in Schedule 1 to this Agreement. Licence Period' means from the date this Agreement is executed until it is ended pursuant to clause 6.2. Annual Licence Fee means the sum of per year (which is inclusive of VAT) Member means a fully paid member of the Licensor s gym facilities. Permitted Hours means the opening hours of the Premises as applicable from time to time. Premises means the Licensor s gym at PURE GYM London Greenwich Rights means the right for the Licensee to access the Premises to conduct personal training activities with the Members of the Licensor s gym. 1.2 Words importing one gender include all other genders; words importing the singular include the plural and vice versa; words importing persons include a corporate body and a partnership and vice versa. 1.3 Any agreement by the Licensee not to do anything includes an obligation to use reasonable endeavours not to permit or suffer that thing to be done by another person where the Licensee is aware that the thing is being done. 1.4 Unless expressly stated to the contrary, any reference to a specific statute or to statutes generally includes any statutory extension or modification, amendment or reenactment of it or them and any regulations or orders made under it or them. 1

2 2. THE LICENCE The Licensor grants to the Licensee the Rights (in common with the Licensor and all others authorised by the Licensor so far as is not inconsistent with the Rights) during the Permitted Hours during the Licence Period. 3. RELATIONSHIP BETWEEN THE PARTIES This Agreement does not constitute a contract of employment or contract of services and nor shall it be deemed to be a contract for services under which the Licensee is a worker. The relationship of the Licensee to the Licensor shall be that of an independent contractor. The Licensee is entirely responsible for his/her own tax and National Insurance arrangements. 4. LICENSEE S OBLIGATIONS The Licensee agrees: (i) that in the mutual interests of the parties and to facilitate the introduction of the Licensee to Members, the Licensee shall conduct Induction Slots at mutually agreed times to Members who are not clients of the Licensee; (ii) that the Annual Licence Fee is payable in full before use of the gym is permitted and thereafter on an annual basis. (iii) to procure that any Member receiving personal training or instruction from the Licensee pursuant to the Rights shall enter into separate terms and conditions for the provision of personal fitness training services as between the Licensee and the Member in a form agreed in writing by the Licensor; (iv) not impede in any way the Licensor or its officers or servants or agents in the exercise of the Licensor's rights of possession and control of the Premises; (v) to be punctual and present for any agreed induction slots or appointments with Members; (vi) to find cover, with another person approved by the Licensor should the Licensee not be able to be present for any agreed induction slots or appointment with Members; (vii) to notify the Premises, giving 30 days notice, of any holidays the Licensee will be taking; (viii) to take good care of all equipment on the Premises; (ix) to keep the Premises clean and tidy and clear of rubbish during and arising from the exercise or purported exercise of the Rights; (x) to be polite and courteous to Members and never to be critical of the Licensor or its staff to any Member or client; (xi) to purchase and wear such uniform that the Licensor shall designate from time to time; (xii) not to state that the Licensee is an employee of the Licensor or in any way associated with the Licensee other than as a licensed independent personal trainer; (xiii) to provide public liability insurance to a minimum value of five million pounds ( 5,000,000) which insures against all risks associated with the exercise of the Rights and such insurance shall be evidenced to the Licensor prior to entry into this Licence, and annually thereafter; (xiv) not to do or permit any act which would make any insurance policy on the premises void or voidable or increase the premium; (xv) not do anything on the Premises, nor exercise the Rights, in such a way as to cause damage to the Premises or nuisance, annoyance, disturbance, inconvenience, injury or damage to the Licensor or its tenants or Member or the owners or occupiers of adjacent or neighbouring premises; 2

3 (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) to ensure that all information obtained by the Licensee about Licensor, Members or pertaining to the business of the Licensor is treated in the strictest confidence and that such information shall not be divulged to any outside party at any time during the Licence Period or for a period of one year post termination; to act in good faith towards the Members in all respects at all times; to ensure that all Members to receive personal training pursuant to the Rights are fully paid up Members; not to conduct training sessions unless the Licensee holds a minimum NVQ Certificate at Level 3 as a personal trainer or equivalent and also a minimum of an Emergency First Aid qualification. Proof that these qualifications are still valid and up to date must be provided upon signing this Licence and annually thereafter; to notify the Licensor of any changes to the Licensee s personal contact details; to comply with all statutory regulations and requirements affecting the Licensee s use of the Premises, including but not limited to the Health and Safety at Work Act 1974; to comply with all fire regulations and directions relating to fire regulations made by the Licensor and following appropriate training to actively assist with all emergency procedures as they arise from time to time at the Premises; to comply with any reasonable rules and regulations which the Licensor may make governing the use of the Premises and exercise of the Rights and of which the Licensor shall notify the Licensee; to immediately upon the occurrence of any damage to the Premises or other property of any kind on it or injury to any person on the Premises in any way attributable to the exercise or purported exercise of the Rights the Licensee must make good the same or pay to the Licensor or the person injured full compensation in money for such damage; and to endeavour to settle any Member s complaint or query relating to service given by the Licensee pursuant to the Rights expeditiously and in a fair and reasonable manner and so as not to harm the goodwill or reputation of the Licensor or any other personal trainers operating at the Premises. If there is any dispute between the Licensee and a Member which cannot be resolved then to submit to the final adjudication of the Premises manager. You will be required to work fifteen hours per week (7 days) at no cost to the Licensor; times and days to be agreed with the Gym Manager. (xxvii) to disclose if they have ever been convicted of any criminal offences, which are not yet spent under the Rehabilitation of Offenders Act PURE GYM S OBLIGATIONS The Licensor shall maintain the Premises to a reasonable decorative condition and shall provide and maintain gym equipment in a good state of repair. 6. TERMINATION 6.1 This Licence may be terminated at any time by either party giving to the other 30 days prior notice in writing. 6.2 The Licensor may terminate this agreement immediately at any time without notice if the Licensee is in breach of any of their obligations or should commit any act of dishonesty or misconduct and the Licensee shall immediately: (i) provide the Licensor with a list of all clients who have pre-booked individual training sessions; and 3

4 (ii) either refund the Member any fees paid for any unfulfilled session pursuant to the Rights or transfer the fees and any such session to another licensee as agreed in writing by the Licensor. 4

5 7. INDEMNITIES 7.1 Except to the extent that the Licensor may be indemnified by insurance the Licensee must keep the Licensor fully indemnified against all losses arising directly or indirectly out of any act, omission or negligence of the Licensee, or any persons at the Premises expressly or impliedly under his control, or the exercise or purported exercise of the Rights, or any breach or non-observance by the Licensee of the obligations, conditions or other provisions of this Agreement. 7.2 The parties agree that the Licensee is not an employee or worker of the Licensor and that the Licensee shall at all times remain a self employed contractor. The Licensor shall make no deductions in respect of tax, National Insurance contributions or any other statutory deductions in respect of any payments received by the Licensee related to the services provided under the terms of this Agreement, nor shall it accept any liability in respect of such deductions. The Licensee shall be entirely responsible for the payment of any tax, National Insurance Contributions, interest, fines, charges, penalties or any other forms of deductions which may be or become payable as result of the services to be provided by them under the terms of this Agreement (the Taxes ). The Licensee agrees to promptly indemnify the Licensor on a continuing and after-tax basis in respect of any demand the Licensor may receive in relation to the Taxes. 8. EXCLUSION OF THE LICENSOR S LIABILITY The Licensor shall not be liable for the death of or injury to or for damage to any property of or for any losses or other liability incurred by the Licensee in their exercising the Rights or in the purported exercise of the Rights. 9. ASSIGNMENT The Licensee must not assign or sublicense the whole or any part of the Rights which are personal to the Licensee. 10. STATUTORY OBLIGATIONS The Licensee must comply in all respects with the requirements of all statutes applicable to the Premises or the exercise of the Rights and use their best endeavours to ensure that all Members under their control comply with such statutes. 11. GENERAL 11.1 Nothing in this Licence is intended to confer any benefit on any person who is not a party to it All notices served by either party pursuant to the provisions of this Licence shall be in writing and shall be sufficiently served if delivered by hand or sent by recorded delivery to the address of either party to this Licence as specified in this Licence If any provision of this Licence (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Licence, and the validity and enforceability of the other provisions of this Licence shall not be affected This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction. 5

6 SIGNED by Jacques De Bruin Director of the Licensor.. SIGNED by The Licensee.. SCHEDULE 1 Content of Induction Slots: Servicing Group Inductions. Cleaning of Equipment. Maintain a safe workout environment by re-racking weights and clearing the floor of any object that may be in an unsafe place. Greeting and helping prospects by providing them with a tour of the facilities and helping in the joining process. Group exercise and workshops. Other specified duties from time to time as specified by the Gym Manager. 6