Independent Trainer Contract
I, ___________________________(“Independent Trainer”), am entering into this this contract with Chi Bang Bodies, LLC DBA CLIENTEL3, located at 364 Boylston Street, 4th Floor, Boston, MA 02116 (“CLIENTEL3”) on my own free will. In signing this contract, I agree to all of the following terms and conditions.
24 Hour Booking Policy
I agree to book my appointments on my own, 24 hours or more prior to my requested personal training appointment. In the event that an appointment is requested within the 24-hour window, a surcharge of $5.00 will be added to that training session in order for a CLIENTEL3 staff member to assist in the scheduling of the late appointment. If there is a software issue and requires assistance from CLIENTEL3 staff, there will be no additional cost to book the appointment.
Any sessions that are canceled within 24 hours prior to the scheduled appointment will be considered a Late Cancellation. Late canceled appointments will be billed at the set rates indicated in this contract and all monetary value will be forfeited. If a client or contractor cancels within the 24-hour cancellation window due to illness, a doctor’s note must be submitted for review within 7 days of the canceled session in order to avoid the late cancellation fee. If no note is submitted, the session will be deemed a late cancellation and all rules and charges will be applied. CLIENTEL3 reserves the right to not accept the doctor’s note if upon further inspection that it is deemed not a permissible form of documentation for any reason at all.
All Independent trainers are required to hold a current liability insurance policy and submit a copy of their policy to CLIENTEL3. Independent trainers assume all risks and take full responsibility for any persons and clients they invite into CLIENTEL3 and indemnify CLIENTEL3 from any liability. Independent trainers should have their own release of liability agreement with their customers. Customers of the independent trainer will be covered under the liability insurance of the independent trainer and release CLIENTEL3 from all liability. In the event that personal liability coverage has lapsed, the independent trainer has 3 days to provide proof of a current liability policy. If a current liability policy is not submitted, the independent trainer cannot book any appointments and will be suspended from CLIENTEL3. Accepted forms of copies are through email to [email protected] or a hard copy to CLIENTEL3
Independent Trainers must hold at least one nationally accredited certification that demonstrates their knowledge of the necessary material to fulfill their responsibility as a fitness professional and must submit a copy of this certification to CLIENTEL3. Independent trainers must obtain and hold a current First Aid and CPR certification. All copies of certifications must be submitted and filed. Accepted forms of copies are through email to [email protected] or a hard copy to CLIENTEL3.
Rules and Regulations
Independent trainers agree to adhere to all the provisions and policies that govern CLIENTEL3. If there are violations to any of these policies, CLIENTEL3 reserves the right to cancel this agreement with no notice.
Payment and Pricing
Independent trainers agree to have a valid credit card on file at all times. In the event that CLIENTEL3 cannot bill for outstanding services due to credit card issues, there will be no fee for the first incident in any calendar month (1st day of the month to and including the last day of the month), not to exceed 31 days. Any additional failed billing incidents will accrue a late fee of $10.00 per day until the outstanding balance is reconciled and brought up to date. Independent trainers agree to fulfill the fiscal responsibility of a $35 per head, per session charge. Meaning if the trainer trains 2 people in a group, then that session rate is a $70 charge. Also, the independent trainer will incur a One time Key Deposit of $25.00 to be refunded at the end of this agreement upon receipt of all keys returned.
Cancellation of Agreement
Independent trainer agrees to give CLIENTEL3 a 4-week notice prior to the specified end date of this Agreement. This notice must be issued and received by email to [email protected] to be accepted as valid. CLIENTEL3 reserves the right to cancel this agreement at any time with no prior notice and the independent trainer forfeits and surrenders 50% of any and all prepaid monetary amounts.
CLIENTEL3 reserves the right to modify this agreement at any time without notice.
Release of Liability
Read Carefully – This is A Legal Contract
In exchange for participation in the activity of Personal Training organized by CLIENTEL3 of 364 Boylston Street, Boston, Massachusetts, 02116 and/or of the property, facilities and services of CLIENTEL3, I, _____________________, of ____________________________________________________ (current address), agree for myself and (if applicable) for my customer(s), to the following.
- AGREEMENT TO FOLLOW DIRECTIONS, I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by CLIENTEL3, or the employees, representatives, or agents of CLIENTEL3.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my customer(s), and further release and discharge CLIENTEL3 for injury, loss or damage arising out of my or my customer(s)’s use of or presence upon the facilities of CLIENTEL3, whether caused by the fault of myself, my customer(s)s, CLIENTEL3 or other third parties.
- INDEMNIFICATION, I agree to indemnify and defend CLIENTEL3 against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my customer(s)’s use of or presence upon the facilities of CLIENTEL3.
- FEES. I agree to pay for all damages to the facilities of CLIENTEL3 caused by any negligent reckless, or willful actions by me or my customer(s).
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Massachusetts law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that CLIENTEL3 has offered to refund 50% of any prepaid fees I have paid for the future use of its facilities if I choose not to sign this Agreement.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be fina, and judgment may be entered upon it by any court having proper jurisdiction.
- EMERGENCY CONTACT. In case of an emergency, please call ____________________________(Name),
(Relationship: ____________________) at ___________________________(phone number).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Print Full Name: ___________________________________________
Independent Trainer Onboarding Checklist
- $25 Key Deposit
- Copies of All Certifications
- Copy of Current First Aid and CPR Certification
- Valid Credit Card on file
- Copy of Current Liability Insurance Policy
- Copy of Vaccination Card on File
- Understanding of Mask Policies for Trainers and Their Clients at CLIENTEL3
- Current Mailing Address:
- Cell Phone Number: