I have all my Professional Trainers sign this agreement prior to stepping on the floor. I have won 4 court cases and been paid an average of $2,000.00 per month annually for lost wages. This agreement was written by an employment lawyer and holds solid in any court case. If you use it please look carefully for the blanks, and words like: Your business name here, your name here, your address, trainers name, etc… Always protect yourself!
Non-Compete agreement for (Trainers name- and your business name)
- Term: This is an agreement specific and between______ owner and Personal Trainers name __________ currently employed at X.Y.Z ______________________. Trainer’s name___________is on a 60-90 day probation period. After that time a review will establish Trainer_________ FT or PT employment. Trainer________ has started the 60-90 day probation commencing on or about 02/10/2017 this agreement is an agreement for both parties. The two parties are the employer ___________ from ___________ and Trainer________ Professional Personal Trainer. This agreement will continue to be extended unless otherwise terminated. Either you or I may terminate this employment relationship or any continued employment relationship at any time upon 30 days prior written notice to the other. In addition, I may terminate your employment immediately in the event of your death, permanent or long-term disability, fraud, embezzlement, withholding of professional receipts, conviction of a felony, calling clients on your cell phone, texting clients, dating clients, or failure to obtain or retain membership or credentialed by a substantial third party payer.
- Full-time Employment: As an employee you will be involved full-time- part time in the practice of Personal Training for Results Plus, and you agree not to take any outside professional employment (without permission) or ask current clients of results plus Hamden CT to train with you at any other gym, fitness, private center Within 9 miles of your location here_______________ (whether paid or unpaid,) during the period of your employment. All proceeds of your professional Training practice during any period of your employment will belong to X.Y.Z. COMPANY unless specifically provided to the contrary. Trainers Name_______ agrees to be compensated at an agreed service rate between $? and $?.00 per session, $?.00 (tag-team- Group-2 on 1) and same rate on the weekend rotation alike all other trainers.
- Duties: You agree to devote your full time during your employment and best efforts to the performance of your duties under this agreement. Generally your duties will not require more than 40 office hours per week. Your duties shall include but not be limited to the provision of Personal Training / health care to clients of Results Plus including the keeping and maintaining of appropriate records relating to all professional services. You also agree and understand the need and importance of a duty schedule and that it is subject to change. Changes will of course be necessary for vacations, illness and other events from time to time. You will perform your duties in accordance with standards of professional ethics and practice applicable to the term of your employment.
During your employment period in addition to a review and analysis of your professional competence, there are several specific items, which are essential to your overall success. These include:
- Your acceptance by clients and referral sources;
- The commitment of your time;
- Your productivity and efficiency in handling client matters;
- Your willingness and effectiveness in promoting the practice and yourself;
- Your acceptance of practice burdens and responsibilities;
- A clearly demonstrated ability for you to work together with me and other personnel of my practice with good rapport and understanding.
- Compensation: Your current service retainer / session pay / one-on-one session or wage on an annualized basis for a twelve-month period shall be $?.00 per single session, the (90 day probation to adhere to all above rules and regulations) the probation period is for your company here____ to decide if the employee is a great asset to the business. Trainers name____ will be paid $?.00 for two–on-one client/session less applicable withholding and deductions. Your failure to render full-time services during the continuation of this agreement for reasons other than holidays, vacation and similar authorized absences will result in a pro rate salary and bonus reduction for services not rendered. In the event your employment terminates for any reason and you engage in Personal Training within the geographic area and time specified in this agreement, no money shall be due. In the event either party terminates this agreement no compensation shall be due other than accrued unpaid basic salary.
- Business Expenses: During your employment your company name will pay the cost of your professional liability insurance at standard rates. However, other practice related expenses such as automobile, telephone, travel, entertainment, etc. will have to be paid by you during your employment period, unless your company name_____ has otherwise approved the payment of such expenses in advance. You will be provided with front desk scheduling technical help, and such specialized instruments, equipment, supplies, facilities and technical services as may be reasonably required for your effective practice of Personal Training. You also acknowledge that in the event that a substantial change occurs in the methodology or rate of reimbursement or payment from third party payers or similar substantial economic changes occur that the compensation portion of this agreement may be revised up or down accordingly upon 30 days advance notice.
- Insurance: A full time trainer (over 30 hours per week) can be awarded with a small percentage of their current medical premium. Your company name___ after 18 months can provide a separate advance to help with the employees monthly payments.
- Vacation, Meetings, Holidays and Sick Leave: Your actual vacation leave dates must be two weeks in advance and approved in advance by your company name___ in order to provide adequate coverage for your company name___ clients. Any vacation time cannot be carried over to succeeding years, nor will additional compensation be paid for unused Leave Time. (FT)
Absences in excess of 7 days leave / vacation time with the first 2- years may result in a forfeit of vacation spending bonus. (See handbook)
- Restrictive Covenant: In the course of your continuing practice with me in Hamden, Connecticut and in your employment, I have been and will continue introducing you to and making available my contracts and referring relationships, clients, general resources and the like. Termination of your employment for any reason or any manner followed by you practicing or owning a facility in an 9 mile radius, from any “your company and the address____ office would potentially cause you to take many of the sources of Results Plus personal training center with you to the your company name___ center detriment, for I would have established you in a situation that would make you a very strong competitor for my current and potential practice sources.
Therefore, as a condition of your continued employment, salary, and bonus as provided in this Agreement you agree and reaffirm that you will not enter into the practice of Personal training, therapy, work hardening, strength conditioning, core conditioning, muscle activation, or any practice which involves directly or indirectly helping someone with a physical fitness concern, in any manner or capacity within an 9 mile radius from your address here. or any office that is maintained by your business name for at least 12 months from the date of your termination of employment, regardless of the reason or cause of termination. You also agree and abide by not to solicit, take, render, retain, professional fees to any current client of results plus personal training. You agree not to recommend any other source of service that may ‘convince, or persuade” our clients to leave and join another service. You expressly agree that your violating this covenant will subject you to an agreed liability payable to Results Plus immediately upon such competitive practice. As estimated damages for your action Results Plus may in addition seek injunctive relief against you. In view of the unique nature of services and the difficulty of establishing the actual loss as a result of any breach of this covenant, we have reached an agreement as to the method of estimating such damage and you agree that such estimate is fair and reasonable and not a penalty. The estimated damages for any breach by you of this covenant shall be an amount equal to 80% of any gross practice revenues or receivables derived by you during the one-year period following your termination.
- Gross revenues for purposes of this covenant shall include salary, dividends, profit distribution or other taxable or non-taxable compensation or income received directly or indirectly by you. You also agree that the names, telephone numbers, office addresses, client list and records, and similar data and documents are property of your business name and will be retained by your business name upon termination; subject to all applicable laws and standards of professional ethics and this you will not take any such records or property including any copies thereof. You agree not to have any client phone numbers on your person, cell phone, or any form of record.
- Non-solicitation Covenant: Recognizing your duty to your business name as your employer, you agree that if your employment terminates for any reason or in any manner whether or not you practice within the restricted area, (9-miles) as described above,(your address) you will in no event solicit, directly or indirectly, any employee or patient, current client of results plus (or member of any client’s immediate family) from your business name for a period of Twelve (12) months following the day of termination of your employment. You are also restricted during your employment, while working as a your business name personal trainer at your address, to directly or indirectly solicit a current client, client family member, member who is on a temporary freeze membership, out on sick leave of your business name for the purpose of training outside the facility at your adress
11- Invalidity: It is the intent of the parties that in the event that any one or more of the provisions of this agreement shall, for any reason, are unenforceable, invalid or illegal; it shall not affect the other provisions of this agreement which shall be construed as if such invalid, illegal or unenforceable provision were not contained. It is our further intent that if any provision is deemed unenforceable because it is overbroad or excessive as to time or geographic scope, activity or subject, such provision shall be construed by limiting and reducing it in accordance with a determination of a court of competent jurisdiction so as to be enforceable compatible with applicable law as intended by the parties.
After the 60-90 day probation, results plus will evaluate your performance and determine if you warrant employment. If determined that your employment is not in best interest of your business name we are under no further obligation to you.
By:__________________________________
Your name here- President
Agreed and accepted as of this _________ day of ______________________, 2016
Employee _____________________________ Personal Trainer
