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Employed Licence Agreement
Employed Licence Agreement
Employed Licence Agreement
BETWEEN
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This Licence is made on the date between Pure Health Jatomi Fitness whose registered
office is situated at headquarters address
1. The Licence
Pure Health Jatomi Fitness permits the Trainer access to the gym area specified by
Pure Health Jatomi Fitness to conduct personal training for (and in return for payment
by) members of the club owned by Pure Health Jatomi Fitness at the Home Club
subject to the terms of this Licence and provided that the Trainer may extend the
licence so that he or she can operate from other clubs owned by Pure Health Jatomi
Fitness or transfer pursuant to the provisions of this Licence.
2. Licence Period
The Licence shall be for a period of twelve calendar months from the date hereof.
3.1 The Trainer will pay Pure Health Jatomi Fitness a licence fee (“Weekly Licence Fee”)
of:
a) 0 euro/week for week 1-4
b) 15 euro/week for week 5-8
c) 30 euro/week for week 9-12
d) 50 euro/week for week 13-16
e) 65 euro/week for week 16-52
upfront for 1 week during the currency of the Licence for use of Pure Health Jatomi
Fitness’s facilities and access to its members as provided for in this Agreement. The
Weekly Licence Fee will also cover the cost of any equipment supplied by Pure
Health Jatomi Fitness including any clothing, business cards, profile board, training,.
advance to the Home Club at the commencement of each one week period. If you
fail to pay by this methods Pure Health Jatomi Fitness shall be entitled to exercise
3.2.1 Increase the Weekly Licence Fee in accordance with Clause 3.3;
3.3 Pure Health Jatomi Fitness shall be entitled to increase the Weekly Licence Fee at
any time:
4.1 The Trainer shall be entitled to conduct unlimited number of hours of personal
training in each week (Monday to Sunday) in the operational hours of the club and
outside his gym floor hours. The parties acknowledge and agree that this limit is
reasonable owing to the level of fees payable under Clause 3 above.
4.2 The Trainer has the responsibility to conduct weekly the indicated number of
gym floor hours accordingly to the level of the rent as it follows:
a) 20 hours/week for 0 euro/week in week 1-4
b) 15 hours/week for 15 euro/week in week 5-8
c) 10 hours/week for 30 euro/week in week 9-12
d) 5 hours/week for 50 euro/week in week 13-16
e) 0 hours/week for 65 euro/week in week 17-52
4.3 Gym floor hours responsibilities:
- members assistance
- PT clients prospecting
5.1 The trainer has the possibility of extending his license to other Pure Health Jatomi
Fitness clubs for access of its members and facilities.
5.2 On extending his or her Licence at any time as permitted by sub-Clause 1 here of the
Trainer shall:
5.2.1 become bound by the terms of this Agreement as if this Agreement was
stated to be applicable to both the Home Club and the Other Club or Other
Clubs;
5.2.2 pay an additional Licence Fee in accordance with the amount set per club per
week.
6. Transfer
6.1 The Trainer may during the term of this Agreement (but not for the avoidance of
doubt, during the Initial Period) with the written consent of Pure Health Jatomi Fitness
(acting by and at the entire discretion of it's Divisional Fitness Manager and General
Managers of both clubs in question) transfer his or her Home Club or other Club(s)
licence(s) to another Pure Health Jatomi Fitness Club (the "Transfer Club") and
upon such transfer, the terms of this Agreement shall apply to the Trainer's
relationship with the Transfer Club as if the Transfer Club were mentioned in this
Agreement, as a Home Club (in the case of transfer of a Home Club) or other Club (in
the case of transfer of an Other Club), as appropriate. The Trainer must give the club
that they are transferring from one month’s written notice of their intention to move to
another club.
7. Renewal
7.2 The Trainer shall give written notice to Pure Health Jatomi Fitness of his or her
intention to renew the agreement not later than one calendar month before the expiry
of the current term.
7.3 On renewal, Pure Health Jatomi Fitness shall, at its sole discretion, be entitled to set
a revised continuing Weekly Licence Fee.
8.1 The Trainer may at any time bring this Agreement to an end by giving 30 days’ notice
in writing. On termination the Trainer shall be liable to pay Pure Health Jatomi
Fitness all sums under Clause 3 hereof calculated to the termination date and to
repay any sums due to clients for pre-paid untaken fitness sessions. For the
avoidance of doubt, the Trainer shall have no further liability for payments under
Clause 3 unless he or she has terminated this Licence in breach of contract and he or
she shall not be entitled to any refund in respect of the Initial Premium nor any
payments already made under Clause 3.
8.2 The Trainer shall be entitled to suspend the payments under Clause 3 if he or she
shall be incapacitated for a period of more than one month but he or she shall only be
entitled to suspend the payments for a period not exceeding three months.
Documentary evidence of incapacitation must be produced from a qualified medical
professional.
9.1 To attend a Health Safety & Pure Jatomi Fitness internal procedures training
and a form to be filled out to confirm this and a copy sent to Head Office.
9.2 To take good care of all equipment within the gym area.
9.4 To wear such distinctive Pure Health Jatomi Fitness Personal Trainer uniforms
as Pure Health Jatomi Fitness shall from time to time specify such that the
Trainer can be recognised as a licensed independent personal trainer by club
members (including times when the Trainer is providing Fitness Hours). The
uniform is currently as follows:
- Pure Health Jatomi Fitness branded black t-shirt
- Pure Health Jatomi Fitness name badge
- Own black, plain bottoms- shorts or full length.
9.5 Not to warrant that he/she is an employee or worker of Pure Health Jatomi
Fitness or associated with Pure Health Jatomi Fitness (other than as a
licensed independent personal trainer) when undertaking services in
accordance with this Licence.
9.6 To provide public liability insurance to a minimum value of two million pounds
(£2,000,000) which insures against all risks associated with the conduct of the
Trainer’s business and such insurance shall be evidenced to Pure Health
Jatomi Fitness prior to entry into this Licence and, at its request, prior to any
renewal, transfer or extension of this Licence. In the event that such
insurance is deemed by Pure Health Jatomi Fitness unsatisfactory or proof
that the insurance is in place cannot be provided within 10 days of request,
Pure Health Jatomi Fitness reserves the right at its discretion to obtain the
necessary insurance and re-charge the Trainer accordingly and set off the
cost of such insurance against any payment due to the Trainer from Pure
Health Jatomi Fitness under the terms of this Licence, or immediately on a
temporary or permanent basis prevent the Trainer from conducting business
within Pure Health Jatomi Fitness premises. (I like this part but I don’t know
if we can obtain this professional insurance Romania)
9.7 Not to do or permit any act which would make any insurance policy on the
premises void or voidable or increase the premium.
9.10 To act in good faith towards clients of Pure Health Jatomi Fitness in all
respects at all times, which shall include not requiring a client to make
payment of more than the equivalent of the cost of 10 training sessions in
advance on account of training sessions and forthwith reimbursing the client in
relation to any training session paid for in advance but not received at such
time as (for whatever reason) the Trainer ceases to operate out of that client's
main club of use.
9.11 To ensure that all clients to be personally trained are fully paid up members of
Pure Health Jatomi Fitness. The Trainer will be responsible for ensuring that
non-members pay the guest fee currently in force to Pure Health Jatomi
Fitness for each session provided on Pure Health Jatomi Fitness premises.
9.12 Not to allow any other trainer to conduct a session or sessions in lieu of the
Trainer without such person having the benefit of a current valid licence from
Pure Health Jatomi Fitness in similar terms to this Agreement insurance in
accordance with sub-Clause 9.6 above and the qualification demanded in
sub-Clause 9.13 below.
9.13 Not to conduct training sessions unless the Trainer holds a minimum NVQ
Certificate at Level III as an Advanced Gym Instructor or equivalent, or are
currently studying to become Level III status and also a minimum of an
appointed person First Aid qualification and is also a member of the National
Register of Exercise Professionals (Full Level 3 Status, unless currently
studying to become so)(need to set up other qualifications here)
9.14 To produce to Pure Health Jatomi Fitness on request at any time written
evidence of the fulfilment of the requirements contained in sub-Clauses 9.6
and 9.13 of this Clause.
9.16 To attend (and successfully complete to the required standards) a 3-day Set-
4-Success course and a follow-up day organised on behalf of Pure Health
Jatomi Fitness. Failure to do so will result in the Agreement being revoked.
9.17 To pay and hold Pure Health Jatomi Fitness indemnified against liability for
the payment of any taxes, fines or charges together with interest and penalties
(if any) payable or determined to be payable in respect of any income
received by the Trainer from members of the club or Pure Health Jatomi
Fitness.
9.18 To comply with all statutory regulations and requirements affecting the
Trainer’s use of the gym area.
9.20 To comply with all fire regulations and directions relating to fire regulations
made by Pure Health Jatomi Fitness and following appropriate training to
actively assist with all emergency procedures as they arise from time to time
in a Pure Health Jatomi Fitness premises.
9.21 To endeavour to settle any client complaint or query relating to service given
by the Trainer expeditiously and in a fair and reasonable manner and so as
not to harm the goodwill or reputation of Pure Health Jatomi Fitness or other
personal trainers operating with the club and if there is any dispute between
the Trainer and a member which cannot be resolved then to submit to the
adjudication of the General Manager of the club.
9.22 Not to market his or her activities as defined within the terms of this
Agreement independently in any way.
9.23 Without prejudice to sub-Clause 9.9 above, to acknowledge that Pure Health
Jatomi Fitness has a valid interest in protecting its reputation with its members
and those members from possible exploitation from independent licences
operating from Pure Health Jatomi Fitness premises and that, as such, in the
10.1 If mutually beneficial, the Trainer may attend training sessions provided by Pure
Health Jatomi Fitness from time to time and the Trainer may utilise training aids which
Pure Health Jatomi Fitness may make available including audio, visual or written
material.
10.2 The Trainer may, by agreement, join in any promotional schemes run from time to
time by Pure Health Jatomi Fitness.
11.1 To maintain the gym premises and equipment in a good state of repair and
reasonable decorative condition.
11.2 To maintain the remainder of the premises outside the gym in a good state of repair
and decorative condition.
11.3 To promote the services of the Trainer to new members of the club.
Pure Health Jatomi Fitness shall be entitled to prevent the Trainer from carrying out
the services under this agreement at any time:
12.1 during any period of investigation carried out in accordance with Clause 13.6 up to a
maximum of 14 days;
Pure Health Jatomi Fitness shall not be entitled to charge its Weekly Licence Fee (or
part thereof) during any suspension period referred to at Clause 12.1 above.
13.1 By Pure Health Jatomi Fitness giving the Trainer one month's notice in writing.
13.2 By Pure Health Jatomi Fitness without notice if the Weekly Licence Fee being seven
days in arrears, is not paid within seven days of the Trainer being notified by Pure
Health Jatomi Fitness of the Weekly Licence Fee outstanding.
13.3 By Pure Health Jatomi Fitness if the Trainer is in breach of any terms of this Licence
other than payment of sums due to Pure Health Jatomi Fitness and fails within seven
days of written notice from Pure Health Jatomi Fitness advising of such breach to
remedy the breach in question.
13.4 By Pure Health Jatomi Fitness without notice if the Trainer commits a further breach
pursuant to Clause 13.3 concerning the same issue as previously addressed.
13.4 By Pure Health Jatomi Fitness without notice if the Trainer is following investigation
by Pure Health Jatomi Fitness found in Pure Health Jatomi Fitness's opinion to have
committed a material breach of contract such as to warrant the Licence being
immediately terminated without notice.
13.5 For the purposes of this Agreement, the following conduct shall be deemed to
constitute a material breach of contract:-
13.5.1 Theft, fraud, deliberate falsification of Pure Health Jatomi Fitness company
documents.
13.5.9 Misuse of the company name or otherwise bringing the company into
disrepute.
13.5.10Actions which may cause damage to the good name and standing of Pure
Health Jatomi Fitness.
14.1 This Licence is personal to the Trainer and is not in any circumstances transferable.
14.2 This Licence does not and is not intended to create or grant to the Trainer any estate
or interest in the gym area allocated by Pure Health Jatomi Fitness.
15.1 The Trainer and Pure Health Jatomi Fitness agree that they are independent
contractors and the Trainer is not and will in no event hold himself or herself as an
15.2 Pure Health Jatomi Fitness will not be obliged or bound by any agreements,
representations or warranties made by the Trainer nor, save to the extent that it opts
to exercise its rights under Clause 9.23 above, will Pure Health Jatomi Fitness be
obliged or liable for any costs, claims, demands, penalties or damages to any person
or property directly or indirectly arising out of the operation of the Trainer’s business
whether caused by the Trainer’s negligent or wilful action or failing to act.
None of the terms of this Licence are intended to be enforceable by any third party.
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For and on behalf of Pure Health Jatomi Fitness Clubs Limited
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Personal Trainer