For the Supplier to deliver Personal Training to the Company’s members (subscribers and pay and play) (unless terminated by either party in accordance with clause 5 or as otherwise provided in this Agreement)
The Supplier will provide Personal Training Instruction for the Company’s Members at the Leisure Facility premises (named above) to be administered by the Company and delivered by the Supplier. Such Personal Training services are to be provided by the Supplier using reasonable skill and care. Personal Training work carried out by the Supplier for the Company and its Members must be carried out in accordance with the provisions set out in this Agreement.
IT IS AGREED as follows:
2.1 In this Agreement the following expressions shall have the following meanings:
‘Supplier’ The person named on this Agreement, will also be referenced as ‘Personal Trainer’ or PT
‘Agreement’ This agreement and any schedules, annexures and appendices attached to it or incorporated in it by reference
‘Commencement Date’ The date this Agreement starts and Personal Training services can commence
‘Data Protection Legislation’ the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
‘Group Company’ the Company, its subsidiaries or holding companies from time to time and any subsidiary of any holding company from time to time
‘Term’ The period commencing on the Commencement Date until the end date
‘Parties’ The Supplier and the Company named in this Agreement
‘Clients’ The Company members that the Supplier is providing services for
‘Members’ Subscribing or pay and play customers of the Company
“Personal Training” The personal training services provided by the Supplier
‘Substitute’ a substitute engaged by the Supplier under the terms of clause 3.3.
‘UK Data Protection Legislation’ any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation.
2.2 In this Agreement
3.1 Supplier’s Obligations
The Supplier will provide Personal Training in accordance with the highest standards of safety and shall in any event comply at all times with the statutory legislative provisions for Health and Safety.
The Supplier agrees to the best of their ability, promptly and faithfully to comply with and observe all lawful and proper statutory legislative provisions which relate to smoking, security, harassment and discrimination whilst on the Company’s and/or the Leisure Facility premises.
The Supplier agrees to provide Personal Training whilst complying with the Code of Conduct
The Supplier agrees that they shall have personal liability for and shall indemnify the Company and any Group Company for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by the Supplier, or any Substitute, of the terms of this Agreement, including any negligent or reckless act, omission or default in the provision of Personal Training and shall :
The Supplier shall comply with all terms and conditions of the above insurance policies at all times. If cover under such insurance policies shall lapse or not be renewed or be changed in any material way or if the Supplier is aware of any reason why the cover under such insurance policies may lapse or not be renewed or be changed in any material way, the Supplier shall notify the Company without delay.
3.2.1 The following:
A member agreement that includes the following terms:
Business Cards (our logo is available upon request and agreement)
Suitable footwear and attire for the type/style of session being delivered as defined by the Code of Conduct
3.2.2 Documentation for the following:
3.2.3 A service delivery in line with the following:
3.2.4 Provide Information regarding members to the Fitness/General Manager at the Leisure Facility as follows:
Target number of sessions the Supplier will deliver
Number of members the Supplier is providing their services for
Number of sessions the Supplier provided their services for
If the Supplier has agreed to undertake the Personal Training and is unable to do so or does not wish to attend in person for any reason, the Supplier can provide a suitable qualified alternative person as he or she may from time to time deem appropriate to provide the activity exercise he or she has agreed to undertake (“Substitute”). The Substitute must:
The Supplier must notify the Company through the General Manager at the Leisure Facility if this power to delegate is exercised and provide details of the Substitute together with evidence of their qualifications, public and employers’ insurances and DBS check if appropriate as listed above. Should the Supplier delegate the Personal Training, the Supplier will continue to pay the Company in accordance with the provisions set out in this Agreement and the Supplier is responsible for paying the alternative person that they have delegated to perform the Services. Should the Supplier be unable to undertake the Services for whatever reason and are unable to provide a replacement, the Company reserves the right to choose its own temporary replacement supplier, and should this replacement cost more than the Supplier, the Company reserves the right to charge the Supplier for this additional cost;
The Supplier will notify the Company at least two weeks Company can satisfy itself of the criteria for the alternative person set out in clause 3.3 or to find its own temporary replacement supplier.
The Company will provide facilities and administrative back up for all Members but the Company will not control the manner in which Personal Training services are provided.
The Company will allow the Supplier to provide Personal Training to other establishments or individuals, however, this must be at times outside of the Supplier’s obligations under this Agreement and should not conflict with this Agreement.
The Company may allow the Supplier to provide other relevant services to its Members provided it does not conflict with the Company’s other obligations or services. The Supplier must seek the General Manager’s permission in advance of any proposed service.
The Supplier agrees to ensure that all members receiving Personal Training from the Supplier are aware that they must pay for the membership or ‘pay and play’ session prior to paying and attending their PT session. Personal Training is an ADDITIONAL cost, as outlined in the member agreement.
The Company will provide:
3.8.1 A file for the Supplier to sign in
3.8.2 A Black PT EA standard Polo shirt
3.8.3 Access to provide services to all Members based at the Leisure Facility
3.8.4 Access to gym, studio and pool facilities (by prior arrangement/ booking with the FM/ GM/ DM or Swim Manager)
Equipment relevant to the session the Supplier delivers (if applicable and in line with the Supplier’s qualifications) must be approved and agreed with the Fitness Manager
The Supplier acknowledges that if the Supplier occupies any part of the Company’s premises, including at the Leisure Facility premises, this is as a licensee and that no relationship of landlord and tenant is created between the Supplier and the Company by any provision of this Agreement and that the Company retains control, possession and management of the Leisure Facility premises and the Supplier has no right to exclude the Company from any part of its premises including the Leisure Facility premises at any time.
In consideration of access to Members, facilities and equipment, the Supplier shall pay to the Company a fee calendar month by Direct Debit on the 1st of each month.
This fee will be subject to an increase on renewal each year – the minimum increase being at the prevailing rate of the Consumer Price Index (CPI)
Your direct debit fee is as agreed by the site at which you are personal training. Your first months fees will also cover your uniform and marketing costs.
The Supplier shall also pay to the Company the following fees for the following services within 30 days of receipt of an invoice from the Company: (Already included in first months fees)
5.1 Either Party shall have the right at any time to terminate this Agreement by giving not less than four weeks’ notice in writing to the other Party.
In addition the Company shall have the right to terminate this Agreement at any time by summary notice without any payment in lieu in the event of the Supplier:
5.2 Any Personal Training attire provided by the Company (and, for the avoidance of doubt, excluding any purchased by the Supplier) must be returned to the Company at the Leisure Facility on the final day of this Agreement
5.3 As a Personal Trainer, the Supplier has access to the Company’s members. In order to protect the Company’s connections with its members, the Supplier covenants with the Company on its own behalf and as trustee and agent for each Group Company that the Supplier shall not, for 12 months after the date of termination of this Agreement, provide any Personal Training services within a 5 mile radius of the Leisure Facility to any Member to whom the Supplier provided Personal Training services in the 12 months before the date of termination of this Agreement.
6.1 The Parties hereto agree to keep confidential all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of this Agreement save where such information is already in its possession or is already in the public domain other than as a result of the Party’s unauthorised disclosure. This restriction does not apply to any use or disclosure authorised by the Party to whom the confidential information relates or required by law.
6.2 At any stage during this Agreement, the Supplier will promptly on request return all and any Company property in his possession to the Company.
7.1 The Company will collect and process information relating to the Supplier in accordance with the privacy notice which can be accessed at https://www.everyoneactive.com/legal-policies/privacy/. The Supplier specifically consents to the Company processing any personal data for the purposes of this Agreement and, in particular, sharing the Supplier’s and any Substitute’s contact details with the public and Members (including on notice boards, websites, by email, by post or by any other means).
7.2 The Supplier and the Company will comply with the Data Protection Legislation.
7.3 The Supplier shall, in relation to any personal data processed in connection with this Agreement:
7.4 The Supplier shall ensure that he or she has in place appropriate technical or organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.
7.5 The Company agrees that any Substitute appointed under clause 3.3 is a third-party processor of personal data under this Agreement. The Supplier confirms that it will enter into a written agreement, which incorporates terms which are substantially similar to those set out in this clause 7, with the Substitute. The Supplier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 7.5.
7.6The Supplier shall have personal liability for and shall indemnify the Company for any loss, liability, costs (including legal costs), damages, or expenses resulting from any breach by the Supplier or a Substitute engaged by the Supplier of the Data Protection Legislation, and shall maintain in force full and comprehensive insurance policies.
8.1 It is hereby declared that it is the intention of the parties that the Supplier shall have the status of a self-employed person and nothing in this Agreement shall render the Supplier an employee, worker, agent or partner of the Company and the Supplier shall not hold themselves out as such. The Supplier shall be fully responsible for all income tax liabilities and National Insurance or similar contributions in respect of his or her fees. This Agreement does not create any mutuality of obligation between the Supplier and the Company.
8.2 In the event that the authorities pursue the Company the Supplier hereby indemnifies the Company and any Group Company against any liability, assessment or claim for:
8.3 The Supplier will complete and submit an annual tax self-assessment form. By signing and returning this Agreement, the Supplier has declared their intention to do a self-assessment form for any applicable year.
9.1 Any notice given to a Party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at the address notified in writing to the other Party.
9.2 Unless proven otherwise, any notice shall be deemed to have been received by the Company:
9.3.1 if delivered by hand, at the time the notice is left at the address provided by the Supplier or given to the Supplier; and
9.3.2 if sent by recorded delivery at 9am on the business day after posting.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.
The terms of this Agreement shall not be varied nor the Agreement terminated orally and none of the terms hereof shall be deemed to be waived or modified except by an express agreement in writing signed by an authorised representative of the Party against whom such waiver or modification is sought to be enforced.
This Agreement forms the entire agreement between the parties and any Group Company on its subject matter and supersedes all previous contracts, promises, assurances. warranties, arrangements, representations (other than fraudulent misrepresentations) or understandings between the Supplier and the Company detailed in this Agreement, in each case, whether written, arising from custom or oral.
Neither Party may assign or transfer, mortgage, charge this Agreement, or any of its rights or obligations under it, to any other supplier
This Agreement is governed by and to be construed in accordance with English Law and the parties hereby irrevocably agree to submit to the exclusive jurisdiction of the English courts.
Each party shall bear its own legal and other costs and expenses of and in connection with the preparation and negotiation of this Agreement.
The Supplier will not have any access to the Company’s computers and therefore the member Management Systems or Intranet.
The Supplier will sign and adhere to the Everyone Active Personal Trainer Code of Conduct. Anything that contravenes the Code of Conduct may result in this Agreement being terminated with immediate effect without notice or pay in lieu of notice.
This Agreement may be executed in any number of counterparts, each of which, when executed, shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement provided that any member of the Company’s group of companies (including, SLM Community Leisure Charitable Trust, SLM Fitness and Health and SLM Food and Beverage) shall be entitled to enforce any term or terms of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
22.1 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
This Agreement has been entered into on the date set out on the front page. You are signing to confirm that you understand, and agree to all terms set out in this Agreement, and understand that you must adhere to this Agreement, otherwise it may be terminated.
By signing this Agreement, you are also confirming that you have received, and understand, the following document: