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Independent Contractor Agreement

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1. AFPS hereby retains CONTRACTOR and CONTRACTOR agrees to conduct physical fitness classes training to AFPS’S clients and customers subject to the terms, conditions, and provisions of this AGREEMENT.

2. TERM: The term of this AGREEMENT shall be from (insert drop down calendar) and continuing through the termination by either party with written notice provided from one party to the other, requested no earlier than fifteen (15) days prior to the date of termination. 

3. SERVICES: CONTRACTOR hereby agrees to provide independent contractors and/or employees of CONTRACTOR during the term of this agreement that shall provide physical fitness training class instruction to AFPS’S clients and/or customers at SITE as stated in Exhibit 1, by and subject to the instruction and direction of CONTRACTOR. Furthermore, CONTRACTOR, including CONTRACTOR’S independent contractors and employees, agree to maintain valid personal training certification and to present such certification to AFPS or to personnel at SITE upon request.

4. FEES: In consideration of services to be rendered to AFPS by CONTRACTOR, AFPS agrees to pay CONTRACTOR according to amount stated in Exhibit 1. Payment will be made to CONTRACTOR within five (5) days of receipt from CONTRACTOR of invoice and class attendees sign-in sheets from each class actually conducted. 

5. EQUIPMENT USE: CONTRACTOR agrees that he will return all equipment and property within 15 days of final class, undamaged, in useable condition, and will not use any property or equipment previously assigned which was on loan or lease from AFPS or site management, including but not limited to: keys, key fobs, passwords, access codes, any instructional information and/or programs. The contractor agrees to pay $100 per item not returned or $100 per violation whichever is greater and can be withheld from any fees or commissions due from Property or AFPS. 

6. COVENANT NOT TO COMPETE: CONTRACTOR agrees and understands that all clients derived from AFPS classes are considered AFPS clients and that he will not, directly or indirectly, either for himself or for any other person or any entity divert, solicit, employ, or contract with the SITE, Management Company, nor residences, staff and guests of SITE to provide any physical fitness training and/or classes for SITE, Management Company of SITE, or any resident, staff or guest of SITE, or for the benefit of SITE, Management Company of SITE, nor any resident, staff or guest of SITE during the period of this AGREEMENT and for six months (6) following the termination of this agreement, regardless of the reason, without the written consent of AFPS.

7. INDEPENDENT CONTRACTOR: It is the expressed intent of the parties that CONTRACTOR is an independent contractor in performing the services hereunder and is not an employee, agent, joint venture, or partner of AFPS. Therefore, AFPS will pay no employee costs (i.e. worker’s compensation, benefits, taxes). 

8. EXPENSES: CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for AFPS, including but not limited to employees or independent contractors furnished to AFPS by CONTRACTOR in the performance of this AGREEMENT, except that aerobic and weight training equipment at SITE will be available for CONTRACTOR’S use. CONTRACTOR shall also be responsible for all fees, fines, insurance bonds, or federal, state, local, workman’s compensation or employment taxes required or imposed by against CONTRACTOR and all other of CONTRACTOR’S cost of doing business. AFPS shall not be responsible for expenses of CONTRACTOR in performing services for AFPS without first obtaining AFPS’S prior written consent.

9. INSURANCE/INDEMNITY: CONTRACTOR agrees to maintain a policy of insurance in the minimum amount of one million dollars ($1,000,000) to cover any negligent acts committed by CONTRACTOR, his or her independent contractors, employees or agents during the performance of any duties under this AGREEMENT and shall name AFPS as an additional insured on the policy. CONTRACTOR shall indemnify and hold AFPS harmless against any and all liability imposed or claimed, including attorney’s fees and other legal expenses, arising directly or indirectly from any act or failure of CONTRACTOR or CONTRACTOR’S independent contractors, employees, or agents, including all claims relating to the injury or death of any person or damage to any property. CONTRACTOR shall have proof of insurance specified above at each class or personal training conducted and shall provide such proof to AFPS or to personnel at SITE upon request.

10. GOVERNING LAW/WAIVER: This Agreement shall be construed in accordance with and governed by the laws of the State of California. Either party’s failure to enforce any provision(s) of this Agreement shall not be construed as a waiver of such provision(s) or to any future violations, nor prevent that party from enforcing each and every other provision of this Agreement. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 

11. ATTORNEYS’ FEES: Should legal action be initiated by any party to enforce any term, condition or covenant of this agreement, reasonable attorney’s fees, court cost and all other reasonable costs of bring the action shall be awarded to the prevailing party.

12. ENTIRETY: It is agreed between the parties hereto that there are no other agreements or understandings between them relating to the subject matter of this AGREEMENT. This AGREEMENT supersedes all prior agreements, oral or written, between the parties and is intended as complete and exclusive statement of the AGREEMENT between the parties. The headings in this AGREEMENT are provided for convenience and shall not be used for interpreting the provisions of this AGREEMENT. Neither this AGREEMENT nor its execution, have been induced by any reliance, representation, stipulation, warranty, agreement or understanding of any kind other than those herein expressed. No change or modification of this AGREEMENT shall be valid unless the same is in writing and signed by the parties.

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