PERSONAL TRAINING AGREEMENT

This Personal Training Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT NAME OF THE TRAINER] having registered office at [INSERT ADDRESS OF THE TRAINER] (hereinafter referred to as the “Trainer” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT NAME OF THE CLIENT] residing at [INSERT ADDRESS OF THE CLIENT] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Trainer” and the “Client” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

1. The Trainer is a certified professional skilled in providing personal training for physical exercise and wellness.
2. The Client desires to engage the services of trainer, subject to the terms and conditions set forth herein.
3. The Trainer and Client mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
4. The parties are duly authorized and have the capacity to enter into this agreement.
5. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1.  "Client" refers to the individual engaging the services of the Trainer under this Agreement.
   2. "Trainer" refers to the individual who is engaged in providing the fitness classes to the Client.
   3. "Services" shall mean fitness classes and services to be provided by the Trainer to the Client, as detailed in this agreement.
2. CLIENT DETAILS
   1. NAME:[INSERT NAME OF THE CLIENT]
   2. ADDRESS:[INSERT ADDRESS OF THE CLIENT]
   3. Date of Birth:[INSERT DATE OF BIRTH OF THE CLIENT]
   4. MOBILE NUMBER:[INSERT MOBILE NUMBER OF THE CLIENT]
   5. EMERGENCY CONTACT NUMBER:[INSERT EMERGENCY CONTACT NUMBER]
   6. EMAIL:[INSERT EMAIL ADDRESS OF THE CLIENT]
3. HEALTH ATTESTATION
   1. The Client hereby attests that they are in good physical condition and have consulted with a medical professional regarding their ability to participate in physical exercise and strength training. The Client acknowledges their responsibility to inform Trainer of any health conditions, injuries, or limitations that may affect their ability to safely participate in physical activities.
4. SERVICES
   1. The Trainer shall provide personal training sessions or programs to the Client, which may include strength training, flexibility exercises and nutritional guidance as per client’s preferences.
5. PAYMENT
   1. To avail the services, Client is required to pay an advance payment of [AMOUNT]depending upon the selected session.
   2. The Client shall make payment of each session in advance. The duration of the session and schedule of the Classes in a session are as follows:
      1. [INSERT TRAINING SESSION 1] and [INSERT DURATION OF TRAINING SESSION 1]
      2. [INSERT TRAINING SESSION 2] and [INSERT DURATION OF TRAINING SESSION 2]
      3. [INSERT ANY OTHER TRAINING SESSIONS AND DURATION FOR IT]
   3. The Client shall make the payments to the Trainer via [INSERT MODE OF PAYMENT] (cash, cheque, credit/debit card).
   4. All payments made to the Trainer under this Agreement must be in [INSERT FIAT CURRENCY].
6. TERM AND TERMINATION
   1. The term of this agreement shall be determined based on the training programs selected by the Client and specified in 5.2 section of this agreement.
   2. This agreement shall automatically terminate upon the expiration of the selected plan, unless renewed or terminated earlier in accordance with the terms outlined herein.
   3. Notwithstanding any other provisions herein contained, and without prejudice to any other rights, either party shall have the right to terminate the present Agreement by notifying the other party within [INSERT TIME PERIOD FOR TERMINATION] days.
   4. Parties may terminate the agreement if there is a material breach of the terms of this agreement.
7. CANCELLATION POLICY
   1. Client shall have the right to cancel their training sessions by notifying the trainer at least 24 hours before any scheduled session.
   2. A cancellation fee of [INSERT CANCELLATION AMOUNT] may apply if the cancellation is made with less than 24 hours notice.
8. RISKS ASSOCIATED
   1. The client acknowledges that participating in fitness activities may involve strenuous physical exertion, which could result in muscle soreness, strains, sprains, or other musculoskeletal injuries.
   2. The Client understands that the use of exercise equipment, including but not limited to weights, machines, and cardio equipment, carries the risk of injury due to misuse, improper technique, or equipment malfunction.
   3. The Client understands that engaging in physical activities like power yoga or other high-intensity workouts may elevate heart rate and blood pressure, which could pose risks for individuals with pre-existing health conditions.
9. RULES AND RESPONSIBILITIES
   1.  Client is required to adhere to all safety guidelines and regulations established by the Trainer while utilizing its services.
   2. Client shall be responsible for providing and maintaining the equipment used during training.
   3. Trainer shall be responsible for designing and delivering the training programs, ensuring they are tailored to the Client's goals and abilities, and providing guidance on the proper use of equipment.
10. WAIVER OF LIABILITY
    1. Client understands and agrees that participation in any physical activity involves risks of injury and herby releases and discharges the trainer from all liability for injuries sustained during training sessions, except in cases of willful misconduct or negligence by the Trainer.
11. INDEMNIFICATION
    1. The Client agrees to indemnify, defend, and hold harmless the Trainer from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to the Client’s participation in activities, or breach of any provision of this Agreement. This indemnification obligation shall survive the termination of this Agreement.
12. FORCE MAJEURE
    1. Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
13. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY OF APPLICABLE LAWS].
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
    3. By direct negotiations between the Member and Gym. 
    4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICITON IN CASE OF DISPUTE BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
14. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
       1. Trainer: [INSERT EMAIL ID OR/AND ADDRESS OF THE TRAINER]
       2. If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF THE CLIENT]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
15. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
16. MISCELLANOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the [INSERT LANGUAGE OF ALL COMMUNICATION].
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
17. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Client

Name: [INSERT NAME OF THE CLIENT]

Signature:

Date: [INSERT SIGNING DATE OF THE CLIENT]

Signed, sealed and delivered on behalf of Trainer

Name: [INSERT NAME OF THE TRAINER]

Signature: 

Date: [INSERT SIGNING DATE OF THE TRAINER]