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Maryland Contract with Personal Trainer or Training as Self-Employed Independent Contractor - Covenant not to Compete and Confidentiality

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A personal trainer is an exercise professional with the knowledge and experience to offer advice and guidance in the areas of exercise and fitness. These professionals can assist you by designing a safe and effective exercise program to help you reach personal goals. A personal trainer can assist with weight loss, exercise performance and improved wellness.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Maryland Contract with Personal Trainer or Training as Self-Employed Independent Contractor — Covenant not to Compete and Confidentiality: Introduction: In Maryland, when engaging in a contract with a personal trainer or as a self-employed independent contractor in the field of fitness training, it is crucial to set clear guidelines and protect the interests of both parties involved. This contract is designed to establish a mutually beneficial relationship and address key considerations such as the covenant not to compete and confidentiality. 1. Covenant not to Compete: Maryland Contract with Personal Trainer or Training as Self-Employed Independent Contractor includes a covenant not to compete clause, which aims to protect the business interests of the hiring entity or personal trainer. This clause ensures that the contractor or trainer cannot engage in similar services within a specified geographic location or time period after the termination of their contract. This provision prevents the contractor from directly competing with the hiring entity or poaching clients, thus safeguarding the business's market reputation and client base. Types of Covenants not to Compete in Maryland Contracts: a. Non-compete Lite: This type of covenant not to compete restricts the contractor from providing similar services within a limited geographic area or for a specific length of time. The restrictions are generally narrower in scope and duration, striking a balance between protecting the interests of the hiring entity and allowing the contractor opportunities for future work or employment. b. Standard Non-compete: In this type, the contractor is prohibited from directly competing with the hiring entity within a broader geographic radius or for a longer duration. This type of covenant is commonly used when the hiring entity wants to prevent the contractor from offering similar services to its clients or in a specific market. c. Comprehensive Non-compete: This type of covenant imposes stringent restrictions on the contractor, prohibiting them from engaging in any form of direct or indirect competition with the hiring entity. The geographic boundaries and duration of this clause are often broader, aiming to provide maximum protection for the hiring entity's business interests. 2. Confidentiality: Confidentiality is another crucial aspect of Maryland Contracts with Personal Trainers or Training as Self-Employed Independent Contractors. This clause ensures that any proprietary information, trade secrets, client lists, training methodologies, marketing strategies, or other sensitive information shared between the parties remain confidential and are not disclosed or used for personal gain or competing purposes. Types of Confidentiality Clauses in Maryland Contracts: a. General Confidentiality: This clause ensures that all information disclosed between the parties during the course of the contract remains confidential. It prohibits the contractor from sharing or utilizing the confidential information for any purposes other than fulfilling their contractual obligations. b. Non-disclosure Agreements (NDAs): In addition to the general confidentiality clause, NDAs offer a more comprehensive protection mechanism. It explicitly defines the types of information deemed confidential, establishes procedures for handling and storing such information, and may include remedies and penalties for breach of the agreement. c. Non-solicitation of Clients: This clause primarily focuses on preventing the contractor from directly or indirectly soliciting clients of the hiring entity. It ensures that the contractor does not leverage the confidential client list or relationships established during the contract for personal gain or competitive advantage. Conclusion: Maryland Contracts with Personal Trainers or Training as Self-Employed Independent Contractors must incorporate a well-defined covenant not to compete and confidentiality clauses to protect the interests of all parties involved. By setting clear guidelines, specifying geographic boundaries, and outlining the duration of restrictions, the contractual agreement can foster a professional working relationship while safeguarding each party's rights and business interests.

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How to fill out Maryland Contract With Personal Trainer Or Training As Self-Employed Independent Contractor - Covenant Not To Compete And Confidentiality?

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Some states have enacted even broader restrictions on non-competition agreements. Later this year, the District of Columbia will join California, North Dakota, and Oklahoma as the only states that ban the use of employer/employee non-competition agreements in most circumstances. See D.C. Act 23-563.

A simple contract for personal trainers and clients. Sections outlining training schedule, sessions included, general terms, and more. Created (and approved) by legal experts.

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

Finalized in May 2019 and effective the following October, the Maryland Non-Compete and Conflict of Interest Clauses Act prohibits using non-compete clauses for employees who earn $15 per hour or less or $31,200 annually.

ENFORCEMENT CONSIDERATIONS Maryland courts carefully review covenants not to compete, and generally enforce them only: 220e Against employees providing unique services. 220e To prevent misuse of the employer's: 220e established customer relationships; 220e trade secrets; 220e sales or delivery routes; or 220e customer or client lists.

Therefore, non-compete agreements are often unenforceable against independent contractors because this would cause the business to forfeit its own profit and prosperity in simple exchange for a portion of its business.

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

Maryland courts have not specifically addressed whether non- competes with no geographic restrictions are enforceable (see Deutsche Post, at 757). However, the court in Gill upheld a non- compete that prohibited an employee from working for customers his former employer had in the year before he left (Gill, at 180).

Personal Trainer Contractor (Independent):This category of trainer most often runs their business in a mobile or small studio/home based setting. They won't usually have rent costs for gym space but have to provide all their own equipment, do all of their own marketing, and compliance (health and safety etc).

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

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Procurement, Contract and Grant Administration. Procurement Officer: Lauren Sands. Maryland Judiciary, Administrative Office of the Courts. 5 days ago ? Independent Contractor Non-Compete Agreement ? Allows a business thatdoes not allow them to also work for themselves (self-employment).If ?no,? complete Part A on the Personal Data Report Form, indicating ?N/A?Your position is excluded by law or by contract agreement which excludes:. The Contractors Representative is revised to Kurt Wilhelm,performance does not modify Contractor's status as an independent contractor. Disabilities' within three months of initial employment. Met/Not Met/NA. 4. The agency ensures that employees receive training in abuse ... This Master Agreement is entered into by and between Kaleida Health, hereinafter referred to as the Employer; 1199 SEIU United Healthcare ... Union Leads will not act independently of management supervision and/or direction.contractor fail to pay said rate, the contract would be voided. as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior ... 300.4 - Coverage Requirements for Individual Trainingprofessionals not employed in the same practice who are involved in the patient's ... IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? YES NOData Use, Security and Confidentiality; Exhibit H, Health Homes;.

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Maryland Contract with Personal Trainer or Training as Self-Employed Independent Contractor - Covenant not to Compete and Confidentiality