Personal Trainer Contractor Agreement

FHFPT Pty Ltd trading as Focus Health + Fitness (“Focus”) engages the undersigned personal trainer (“Contractor”) to deliver personal training, small-group training, programs and related wellness services to Focus clients. The parties expressly acknowledge and agree that this is an independent contractor arrangement and not an employment, partnership, or agency relationship. The Contractor is responsible for the manner, timing and means by which services are performed, subject always to Focus’ reasonable policies, client safety requirements, brand standards and lawful directions.

1. Scope of Services. The Contractor will provide one-on-one and buddy personal training sessions, fitness assessments, goal-setting, program writing and technique coaching for Focus clients. The Contractor will conduct sessions with care, skill and diligence consistent with industry best practice and the health-first ethos of Focus. The Contractor will maintain accurate session logs and basic client notes sufficient to ensure continuity of care for Focus clients.

2. Fees & Consideration. Session fees are agreed at the rates selected in Section 2 of this form (1:1 per 30 minutes, and Buddy per session). If the Contractor is GST-registered, rates are deemed exclusive of GST and valid tax invoices must include GST as applicable. If the Contractor is not GST-registered, the rates are inclusive of all taxes applicable to the Contractor.

3. Invoicing & Payment. Invoices are issued on the chosen cycle (weekly/fortnightly/monthly) and are payable within seven (7) days by electronic transfer to the bank account nominated by the Contractor. Focus may reconcile invoices against session attendance, cancellations and no-shows. Focus may withhold payment for any session that is not delivered, unsafe, fraudulent or not conducted in accordance with this agreement.

4. Scheduling & Cancellations. Sessions are scheduled by mutual agreement between the Contractor and Focus (or the client). Focus maintains a 24-hour client cancellation policy unless otherwise agreed. Where a session is cancelled within 24 hours by the client, the Contractor will follow Focus policy in relation to payment and rescheduling. The Contractor will be punctual and will advise Focus at the earliest opportunity if unforeseen circumstances prevent attendance.

5. Substitutes & Delegation. The Contractor may provide a suitably qualified substitute to perform a session at the Contractor’s own cost with prior notice to Focus. The Contractor remains responsible for service quality, insurance coverage of any substitute and for ensuring client safety and continuity of care.

6. Standards, Safety & Compliance. The Contractor will at all times: (a) hold current First Aid and CPR; (b) hold and maintain WWCC/Police Check where reasonably required; (c) comply with all WHS obligations, Focus studio rules and reasonable directions; (d) never provide medical diagnosis or treatment, and will refer clients to appropriate health professionals where indicated; (e) keep the studio clean, orderly and safe, and immediately report hazards, incidents and near-misses.

7. Insurance. The Contractor warrants they maintain appropriate public liability insurance of not less than AU$10,000,000 per claim and professional indemnity insurance where applicable. Evidence of cover will be provided to Focus on request and kept current throughout the engagement.

8. Equipment & Property. Focus will make available studio equipment and facilities, which must be used respectfully and safely. The Contractor is responsible for any personal tools they choose to use and is liable for loss or damage caused by negligence or misuse. Focus property, keys, fobs and digital access must be safeguarded and returned on request.

9. Client Records, Confidentiality & Privacy. Client information, program notes and records relating to Focus clients are confidential and will be handled in accordance with the Australian Privacy Principles. The Contractor will not disclose or misuse confidential information except as required to deliver services or as required by law. Pre-existing materials developed by the Contractor remain the Contractor’s intellectual property. Materials created specifically for Focus clients during the engagement may be used by Focus to continue client care. The Contractor will not take or retain client contact details for personal use outside this agreement without written consent.

10. Marketing & Attribution. The Contractor consents to Focus reasonably using session footage, testimonials or imagery for promotional purposes where the client has provided consent. The Contractor may refer to their engagement with Focus in a professional portfolio provided that no confidential information is disclosed.

11. Non-Solicitation. During the engagement, and for six (6) months after it ends, the Contractor will not directly solicit Focus clients who were introduced through Focus for the purpose of providing competing services outside Focus, unless Focus provides prior written consent or where the client first independently approaches the Contractor. The Contractor acknowledges that all clients who are introduced through Focus, and any referrals that arise from those clients, remain Focus clients for the purposes of this clause.

12. Fitness to Work. The Contractor confirms they are fit and competent to deliver services and will not conduct sessions while impaired by illness, injury, alcohol or drugs. The Contractor will comply with any lawful requirement to provide evidence of qualifications, vaccination status or clearances if reasonably necessary for certain sites.

13. Taxes & Superannuation. The Contractor is fully responsible for their own taxation, superannuation, workers compensation and other statutory obligations arising from this independent contractor arrangement. Focus will not make withholdings unless required by law.

14. Term & Termination. This agreement commences on the Start Date and continues until terminated. Either party may terminate on fourteen (14) days’ written notice without cause, or immediately for serious breach, unsafe conduct, dishonesty or behaviour likely to harm clients or the Focus brand. On termination the Contractor will promptly return Focus property and delete confidential information (except where retained to meet legal obligations).

15. Liability & Indemnity. Each party is liable for its own acts and omissions. To the maximum extent permitted by law, Focus’ liability is limited to the re-supply of services or the cost of re-supply. The Contractor indemnifies Focus against claims, losses and costs arising from the Contractor’s negligent acts or breaches, except to the extent caused by Focus.

16. Disputes. The parties will first meet in good faith to resolve any dispute. If unresolved within fourteen (14) days, the dispute may be referred to mediation in Sydney, NSW. Nothing prevents either party seeking urgent injunctive relief.

17. Notices & Electronic Execution. Notices may be given by email to the addresses provided. The parties agree that this agreement may be executed electronically and that a typed name is a valid signature.

18. Governing Law & Entire Agreement. This agreement is governed by the laws of New South Wales, Australia. It represents the entire agreement between the parties and supersedes prior discussions. Any variation must be in writing and signed by both parties.

By submitting this form, the Contractor confirms the information provided is true and correct, acknowledges the independent contractor relationship, and agrees to comply with Focus policies and the terms above.