TRAINER’S AGREEMENT AND RELEASE
You, the undersigned, hereby agree to the terms and conditions set forth below, while acting as a trainer to Body Mantra III, LLC, doing business as mantra™, at 31654 Rancho Viejo, Rd, Suite A and its clients and guests.
- You hereby represent and warrant that you are qualified to act as a trainer for mantra™ and to conduct personal and group classes.
- You agree that you will follow all policy and procedures set forth by mantra™ from time to time and all applicable laws. You shall provide all your services with due care and in a professional manner.
- You agree that (a) you shall perform all your services as an independent contractor and shall not be deemed to be an employee of Mantra™ for tax or other purposes, (b) neither U.S. federal, nor state, nor local income tax nor payroll tax of any kind shall be withheld or paid by Mantra™ on your behalf, (c) you are not eligible for, or shall participate in, any employee pension, health insurance, or other benefit plan of Mantra™; and (d) no workers’ compensation insurance shall be obtained for you by Mantra™.
- You agree that before providing any services, you shall obtain and maintain (at your own expense) professional liability insurance in a minimum amount of $1,000,000. You shall provide Mantra™ with a copy of such policy and you shall renew it on time to the extent you continue to provide services for Mantra™ and its clients. You further acknowledge that in the case of a claim by you, Mantra™ or its clients or any third party, a claim will be made under your policy before any claim can be made against Mantra™.
- You represent that you are in good physical condition and able to use the equipment provided, to participate in exercise and fitness programs made available by Mantra™ and provide the trainer services to Mantra™ and its clients. You fully understand and agree that in participating in one or more of the fitness programs, providing trainer services to Mantra™ or using the facilities maintained by mantra™ there is a possibility of accidental or other personal injury. You agree to assume the risk of such injury and further agree to indemnify, and hold harmless, mantra™ and all its agents, clients, members, officer, directors, employees, agents, representatives and contractors from any and all liability on your part or on the part of mantra™ or such individuals by either you or third party as the result of or arising under services your services to mantra™. You have carefully read this waiver and release paragraph and fully understand that it is a release of liability.
- In no event shall Mantra™ be liable to you or any other person for lost profits or for any special, indirect, incidental or consequential damages, regardless of the form of action and whether or not mantra™ has been informed of the possibility of such damages. Mantra’s liability to you (and your sole remedy) for damages, regardless of the form of action, shall be limited to direct money damages in an amount not in excess of the total dollar amounts in fees theretofore paid by mantra™ to you for services giving rise to such damages.
- You warrant, represent and agree that you are in good physical condition and that you have no disability, impairment or ailment preventing you from engaging in active or passive exercise, providing the services to mantra™ or that will be detrimental or inimical to your health, safety, comfort, or physical condition if you do so participate, engage or participate. You represent that you will not use the facilities or provide services with any open cuts, abrasions, open sores, inflections, maladies that may harm others, or otherwise in accordance with public health requirements. mantra™ shall have the final determination in this regard. Their decision is final.
- You hereby provide Mantra™ all rights and licenses to any photos you provide Mantra™ or any photos taken by Mantra™ or its agents or representatives while you are providing services or are at Mantra’s premises.
- This Agreement may be assigned by Mantra™ and, if so assigned, the assignee shall have and to be entitled to exercise any and all rights and powers of seller hereunder, but (notwithstanding anything in this contract to the contrary). Assignee shall not be chargeable with any obligations or liabilities of seller hereunder or with respect thereto. In the event of assignment, Mantra™reserves its rights to assert any defenses it has or may have under this contract or with respect thereto.
- This Agreement constitutes the entire an exclusive agreement between the parties with respect to the matters hereto. Any promises, representation, understanding and/or agreement pertaining directly or indirectly to this Agreement which are not contained herein, are hereby waived. This contract may be modified only by an instrument in writing; however, seller or assignee of this contract is hereby authorized to correct patent errors in this contract (and in other documents, if any, executed in connection herewith). Mantra™ can delay enforcing its rights under the contract without losing them.
- If any particular provision of this Agreement is invalid, the same shall not affect the other provisions hereof.
- This Agreement shall be governed by the laws of the State of California.