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Michigan 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.

A Michigan Contract with a Personal Trainer or Training as a Self-Employed Independent Contractor involves an agreement between a personal trainer and an individual or a fitness center looking to hire their services. This contract sets out the terms and conditions of their working relationship, including confidentiality and a covenant not to compete, to protect the interests of both parties involved. Below is a detailed description of the key elements typically included in such a contract. 1. Personal Trainer Details: The contract begins by identifying the personal trainer, including their name, address, contact information, and any relevant certifications or qualifications. Similarly, the individual or fitness center seeking their services is also identified. 2. Scope of Services: This section outlines the specific services the personal trainer will provide. It may include one-on-one training sessions, group classes, nutritional guidance, fitness assessments, and any additional services that both parties agree upon. 3. Term of Agreement: The contract specifies the duration of the agreement, indicating the starting and ending dates. It may also outline the terms for termination, such as notice periods or conditions for early termination. 4. Compensation and Payment Terms: The agreed-upon compensation for the personal trainer's services is clearly stated in this section. It may include hourly rates, session fees, or a monthly salary, and details regarding the payment schedule, invoicing, and any additional expenses are also covered. 5. Confidentiality: Confidentiality provisions are crucial to protect both the personal trainer's and the client's sensitive information. This section establishes the duty of confidentiality, outlining that any information shared within the working relationship should remain strictly confidential. It may encompass personal health details, exercise routines, financial information, and any proprietary training methodologies. 6. Covenant Not to Compete: This portion of the contract aims to protect the financial interests of the hiring party, such as fitness centers, by preventing the personal trainer from engaging in direct competition during and after the term of the agreement. The covenant typically sets geographic and time limitations on the personal trainer's ability to work with competitors or solicit clients from the hiring party. 7. Intellectual Property Rights: If the personal trainer has developed unique training methods, fitness programs, or other intellectual property, this section addresses the ownership and rights associated with such intellectual property during and after the agreement. 8. Indemnification and Liability: Both parties often agree to indemnify and hold harmless one another from any claims, damages, or injuries that may arise during the provision of services. Liability insurance obligations may also be discussed in this section. 9. Governing Law and Jurisdiction: To determine which laws apply and resolve any potential disputes, this section specifies the governing law, often the state of Michigan, and the jurisdiction where any legal proceedings should take place. Different types of Michigan Contracts with Personal Trainer or Training as Self-Employed Independent Contractor may include variations based on specific circumstances or negotiations between the parties involved. However, the key elements discussed above generally form the foundation of these contracts.

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FAQ

Many Non-Competes are unenforceable because they restrict competition across too broad of a territory. Non-Competes usually describe a restricted area in which the employee cannot compete.

How do I get around a non-compete agreement?Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...

Many Michigan employers utilize noncompete agreements. A noncompete agreement, which may also be referred to as a covenant not to compete, generally prohibits an employee from working for certain competitors over a given period of time after the employment relationship ends.

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.

Michigan courts can and will enforce a non-compete....Beat Your Non-Compete! Five Ways Out of a Non-Compete AgreementThe Non-Compete is Too Broad.The Non-Compete Does Not Protect a Legitimate Business Interest.You Never Signed a Non-Compete.More items...

Can an independent contractor sign an NDA? Not only can you have your independent contractors sign an NDA, but it's also recommended. The NDA should be a regular part of your agreements with independent contractors every time the projects require you to share sensitive information with the person you're hiring.

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.

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.

Michigan courts will enforce noncompetes that are reasonable. Just what is reasonable is a matter of balancing the employer's business interest against the right of the employee to work and earn a living in his or her trade.

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