This is an agreement that is entered into between a consultant and a client for fitness
consultation services. This agreement sets forth the type of fitness consultation to be
provided, the rate charged, the length of the agreement, and the location where the
services will be provided. Additionally, this document sets forth the particular fitness
regimen of the client. This document is ideal for consultants or clients to enter into an
agreement for fitness consultation services.
FITNESS CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert client name.] ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant").
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Consultant shall furnish the Client with his best advice, information, judgment
and knowledge with respect to the services related to and in support of efforts in
which Consultant has expertise which is to be provided in accordance with this
Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
duties Consultant shall have under Agreement.]
2. The Consultant will _____ [Instruction: Insert broad details of what
consultant will do, e.g., assist Client in developing fitness regimen.]
3. The term of this Agreement shall begin on _____ [Instruction: Insert
commencement date.] and shall, subject to the provisions for termination set
forth herein, continue until and terminate on _____ [Instruction: Insert
4. For all services that Consultant renders to the Client during the term hereof, the
Client will pay Consultant a retainer of $_____ per month, payable on the first
day of the month. If this agreement terminates on a date other than the first of a
month, a prorated share of the minimum fee will be due for the final month.
Consultant agrees that during the term he/she will devote up to ____ (__) hours
per month to his/her Duties. The Client will periodically provide the Consultant
with a schedule of the requested hours and responsibilities. The duties will be
scheduled on an as-needed basis. [Instruction: Insert applicable payment
agreement, including any revision to the hours/days of services. Late
payments by Client shall be subject to late penalty fees of _____% [Instruction:
Insert number.] per month from the due date until the amount is paid. Parties
hereby agree to provide no less than 48 hours’ notice of any cancellation of such
scheduled hours, barring any emergency. In the event any such scheduled hours
are cancelled upon less than forty-eight (48) hours, Client shall remain liable to
pay Consultant for such scheduled hours.
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5. The parties hereto agree this Agreement is for consulting services to be provided
at _____. [Instruction: Insert location.] Any services to be performed by
Consultant on Client’s behalf for any area outside the foregoing shall be pursuant
to a separate agreement, or a modification or amendment of this Agreement.
6. Consultant makes no representations or warranties regarding the effectiveness or
health benefits or detriments of any actual or proposed fitness regimen to be
created for Client pursuant to this Agreement.
7. Consultant shall assist Client in designing a fitness regimen based upon
information to be provided by Client, including any relevant health conditions to
be disclosed by Client. Consultant shall bear no liability for any health conditions
of Client based upon or purported to be based upon, Client following such fitness
8. It shall be Client’s sole responsibility to seek the advice of medical personnel
and/or to obtain a physical examination by a qualified physician, prior to
beginning any fitness regimen recommended by Consultant.
9. Client agrees to disclose to Consultant any and all relevant health related issues
and/or conditions, including but not limited to any prior health problems.
10. Client agrees to advise Consultant at any time the proposed fitness regimen has
become too difficult for Client to continue, and/or at any time Client is not
physically able to perform any or all of the proposed fitness regimen.
11. Consultant shall not be responsible to purchase any fitness equipment on Client’s
behalf, nor to enroll Client in any gym or pay any gym membership on Client’s
behalf, unless otherwise expressly set forth herein.
12. Any proposed fitness regimen prepared or submitted to Client will remain
Consultant’s property (regardless of whether the physical embodiment of creative
work is in your possession in the form of copy, artwork, plates, recordings, films,
tapes, etc.) and may be submitted to other clients for their use.
13. In the event of a breach hereunder and a failure to cure such breach within thirty
(30) days of written notice of such breach, this Agreement may be terminated by
either party upon written notice.
14. The provisions of this Agreement are severable, and if any one or more provisions
may be determined to be illegal or otherwise unenforceable, in whole or in part,
the remaining provisions, and any partially enforceable provision to the extent
enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
15. The rights and obligations of the Client under this Agreement shall inure to the
benefit of and shall be binding upon the successors and assigns of the Client. The
rights, obligations and duties of Consultant hereunder may not be assigned or
delegated without the Client's prior written consent except that Consultant may
assign its interest to a company formed by Consultant for the purpose of
providing such services.
16. Both parties acknowledge and agree that Consultant's engagement hereunder is
not exclusive and that either party may provide to, or retain from others similar
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services to those provided hereunder by Consultant, provided that it does so in a
manner that does not otherwise breach this Agreement. Neither party is, nor shall
claim to be, a legal agent, representative, partner or employee of the other, and
neither shall have the right or authority to contract in the name of the other nor
shall it assume or create any obligations, debts, accounts or liabilities for the
17. The Consultant represents and warrants to the Client that he/she is under no
contractual or other restrictions or obligations which are inconsistent with the
execution of this Agreement, or which will interfere with the performance of
his/her duties or provision of services hereunder. Consultant represents and
warrants that the execution and performance of this Agreement will not violate
any policies or procedures of any other person or entity for which he/she performs
services concurrently with those performed herein.
18. In performing the services, Consultant shall comply, to the best of his/her
knowledge, with all business conduct, regulatory and health and safety guidelines
which are actually known to or should be known to Consultant, based on
Consultant’s skill and expertise.
19. The Consultant acknowledges and agrees that it shall be solely responsible to pay
any and all incomes taxes on any moneys earned from Client while performing
services contemplated under this Agreement. The Consultant further
acknowledges that the Client will not at any time withhold any taxes from the
Client’s payments to the Consultant under this Agreement for the purposes of
income tax or any other applicable taxes.
20. Any notices or other communications required or permitted under this Agreement
shall be in writing and shall be deemed to have been duly given and delivered
when delivered in person, two (2) days after being mailed postage prepaid by
certified or registered mail with return receipt requested, or when delivered by
overnight delivery service or by facsimile to the recipient at the following address
or facsimile number, or to such other address or facsimile number as to which the
other party subsequently shall have been notified in writing by such recipient:
If to the Client:
[Instruction: Insert Client notice information here.]
If to the Consultant:
[Instruction: Insert Consultant notice information here.]
21. Either party's failure to enforce any provision or provisions of this Agreement