TOTAL FITNESS HEALTH CLUBS LIMITED SELF EMPLOYED CONTRACT FOR PROVISION OF FREELANCE SERVICES

Transcription

1 TOTAL FITNESS HEALTH CLUBS LIMITED SELF EMPLOYED CONTRACT FOR PROVISION OF FREELANCE SERVICES This contract is made between Total Fitness HEALTH CLUBS Limited of Wilmslow Way, Handforth, Cheshire SK9 3PE of the one part, (referred to in this agreement as TF ) and [insert name and address] of the other part, (referred to in this agreement as Freelancer ). Background (A) (B) (C) TF operates health and fitness clubs in the United Kingdom ( the Clubs ). The Freelancer is fully qualified and has the requisite experience and skill to provide exercise classes to the Members. The parties have agreed to enter into this contract for the provision of freelance services under the terms as set out below. Operative Provisions 1. Skill and Qualifications The Freelancer warrants that they should have the appropriate qualifications and skills to provide such freelance services ( the Services ) as may be required by TF Club Manager ( CM ) and shall provide such Services with the due skill and care as expected of a qualified professional. 2. Self Employed and Payment (a) The Freelancer shall provide the Services in the capacity of a self-employed person and shall be entitled to charge TF for the Services provided (at a rate to be agreed). In order to prove your tax status, a self-assessment reference number will need to be supplied and kept on file. (b) For the avoidance of doubt the Freelancer is engaged on a self-employed basis and PAYE/NIC will not be deducted from payments made. It is exclusively the responsibility of the Freelancer to ensure the relevant taxes and charges are paid to the relevant tax authorities. The Freelancer indemnifies TF of any claim in respect of income tax or similar contributions relating to the Freelancer. (c) The Freelancer will be paid at a rate agreed with the CM. This will be subject to the class numbers within the class service the Freelancer provides. The following schedule shall be followed; i. Classes with consecutively low numbers will be placed under review and discussed with the Freelancer. This may result in the class being removed from the Freelancer and/or the timetable completely. 3. Freelancer s Obligations 3.1 The Freelancer shall, for the duration of this agreement: (a) at all times use their reasonable endeavours to:-

2 (i) absence which cannot by prior agreement with the CM be covered by an alternative freelancer, the CM or appropriate manager should be notified at least 2 hours before the freelance class is due to commence. (ii) take such steps to ensure that there is continuity of provision of the Services to any member of TF. This is subject to ensuring that any freelancer used in substitution for the Freelancer, TF reserves the right to veto this replacement and cover the class internally therefore forfeiting payment to the Freelancer; (iii) maintain adequate supervision at all times in respect to the Services provided to any Member; (b) maintain the appropriate qualifications and undertake at the Freelancer s cost and within their own time such further training as may be necessary to provide the Services. Proof of such qualification shall be provided to the TF CM; (c) comply with all Health and Safety legislation including the Health & Safety at Work Act A copy of this will be provided; (d) liaise with the CM regarding the use or hire of any specific facilities or equipment; (e) at all times to be responsible for the manner in which the Services are delivered and the Freelancer shall specifically ensure that:- (i) the Freelancer arrives at the Club prior to their class starting to ensure the class timetable is adhered to; (f) provide TF details of the Freelancer s address, bank details and contact details (including mobile telephone number and address). (g) where the Services are provided to any non-member of TF to ensure any nonmember pay a visitors fee on each visit of 15 (or such amount applicable at the time); 3.2 The Freelancer shall not, without the written authority of TF, take any payments directly from the Members for Services to be provided to the Members. 3.3 Freelance classes with 5 or less attendees will be placed under review. The CM will arrange a meeting to discuss class numbers and the ways in which these can be increased. Should the class numbers fail to meet the required number within a time period agreed with the CM, the class will either be replaced or removed. 4. Insurance and Indemnities 4.1 The Freelancer shall for the duration of this agreement maintain Public Liability insurance with a minimum of 2m cover and shall at TF s request provide proof of insurance to TF s CM. 4.2 The Freelancer shall indemnify TF in respect to any claim made by any Member (or nonmember) to whom the Services are provided..

3 4.3 TF shall not be liable to Freelancer for any consequential or indirect losses of any kind arising from this agreement. 5. TF s Obligations 5.1 Standard TF facilities and equipment will be provided to the Freelancer in consideration of the facility s health and safety policy to enable the Freelancer to provide the Services. For the avoidance of doubt, this shall not include any specialist equipment for any form of specialist freelance class in respect to which TF may make available such equipment at its absolute discretion. 5.2 Payment will be made by electronic funds transfer by the end of the month following the submission of your invoice. 6. Term This agreement shall be for an initial term of 1 month ( Initial Term ) and shall continue thereafter subject to the rights of termination at any time, in accordance with the provisions as set out in clause 8 below. No period of previous service with the company or any associated employer counts towards continuity of service. 7. Termination Either party shall be entitled to terminate this agreement at one months notice 8. Confidentiality 8.1 The Freelancer shall, during the operation of this Agreement, receive confidential information relating to TF and to Members (including, but not limited to, personal data). The Freelancer shall at all times ensure that such information is not disclosed (in any form) to any third party and is used solely for the purpose of satisfying the Freelancer s obligations under this Agreement and in accordance with the Data Protection Act Upon termination of this Agreement (for whatever reason) the Freelancer shall return to TF all confidential information including, but not limited to, all personal data relating to any Members. 8.3 Any breach of this clause may be treated by TF as a material breach resulting in the termination of this Agreement pursuant to clause 8.1(b) above. 9. Restrictions 9.1 The Freelancer undertakes that, following termination of this Agreement (for whatever reason), the Freelancer shall not, for [6] months after the termination date, look to encourage the Members to seek membership at any other health and fitness operator that the Freelancer provides services for. 9.2 Both TF and the Freelancer agree that such a restriction is fair and reasonable for the protection of the legitimate business interests of TF.

4 10. General 10.1 Nothing within this agreement shall constitute the relationship between TF and the Freelancer of landlord and tenant or employer and employee and it is hereby agreed by both parties that the Freelancer is entitled to provide the Services and to utilise the facilities of the Club in the capacity of a self-employed contractor Any material changes to the terms of this agreement must be agreed in writing by TF and the Freelancer The parties shall use all reasonable endeavours to ensure any dispute arising under this agreement is resolved within 14 working days of such dispute arising save that, in the event of failure of the parties to resolve any issue In the event any terms within this Agreement is found to be unenforceable, such term shall not in any way affect the enforceability of the remainder of this Agreement This agreement shall be governed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

5 Group Exercise Class Code of Conduct Policy Statement Total Fitness is committed to exceeding our customer s expectations at all levels. Group Exercise is a key function within our business and whether you are an employee or a freelance group exercise instructor we expect the same level of service to be delivered on behalf of the company. Expectations It is our expectation that a certain code of conduct is adhered to when completing a group exercise class. Classes should be exciting, enthusiastic, inviting and attractive to all. Therefore it is our intentions to ensure that we deliver a brand standard across the group. 1. Every class should include the following; - Introduce yourself including your name - Introduction to the class ie. Seat and hand positions within a spin class - The aim of the class - A warm up and stretches - Clear instructions ie. Microphone is working and clear - A variety of music tailored to the class - A cool down and stretches - And lots of encouragement 2. Instructors should make every effort to engage with the members and seek to learn their names where possible 3. Instructors should seek to engage with members within in the gym to increase the numbers within the classes and introduce new members 4. Instructors should work with the receptionists to ensure classes are advertised via the tannoy 30 minutes, 15 minutes and 5 minutes before a class is due to start 5. Instructors should work with the club management team to advertise classes internally and externally and seek to introduce new members where possible via Free Day Passes etc Health and Safety Total Fitness is committed to ensuring members; staff and freelance instructors adhere to the company s H&S policies. Please ensure you become familiar with this and adhere to the process and procedures applicable to group exercise classes. What will we do in return? Total Fitness is committed to supporting the instructors by providing marketing and holding monthly fitness meetings designed to seek continuous improvement for the entire fitness product within the club. Furthermore we will look to utilise any additional skills you may have as an instructor to provide additional classes where possible.

6 Summary You will see that there is a level of expectation from you as the instructor and the club management team, therefore the resounding message is that we all need to work together to achieve what we set out to do exceed our customer s expectations. Each club will spot check the classes to ensure the above is being adhered to, not to reprimand the ones not following it, but to champion the ones that are, however any instructor failing to follow the conduct may have classes removed from the timetable or have them replaced. That said we are confident that the team, both internal and external are more than capable of delivering what we expect. On behalf of TOTAL FITNESS HEALTH CLUBS LIMITED PRINT NAME: SIGNATURE: Signed by the FREELANCER PRINT NAME: SIGNATURE: DATE: / /

7 PPL Waiver Form I, confirm that I do not pay licensed music in my classes. If I choose to play licensed music the following PPL charges will be applied; PPL Charges 1 st May th April per class 1 st May th April per class 1 st May th April per class 1 st May th April per class 1 st May th April per class Signed by the FREELANCER PRINT NAME: SIGNATURE: DATE: / /