TERMS AND CONDITIONS OF ENGAGEMENT “TERMS”
BETWEEN The Fitness Directory LTD (Registered Number 1180224) (hereinafter referred to as “we”, “us” or the “Company”) AND the person who has signed up to The Fitness Directory LTD App (hereinafter referred to as “you”).
1.DEFINITIONS
In these Terms (hereinafter called “Terms”) “Client” means the client referred to in any attached Appointment Details. “Assignment” means a role to be performed for the period set out in any attached Appointment Details.
2. THE CONTRACT
These Terms, constitute a Contract of Services between you and us and they govern all Assignments undertaken by you. The Assignments will concern the provision of [Fitness Professional Services]. The Assignment will be deemed to have been accepted by you each time you accept a booking for an Assignment. However, no contract shall exist between us and you between Assignments (save where expressly provided to the contrary). This Assignment is not continuous with any previous period of work or Assignment for the Company with any other Client. You are engaged as a self-employed agency worker, although we may be required to make statutory deductions (including without limitation any National Insurance and Income Tax contributions) from your remuneration. No variation or alteration of these Terms shall be valid during the performance of any Assignment unless approved by both parties in writing. We reserve the right to vary the terms of any Assignment without liability by prior notice in writing at any time prior to any Assignment.
In these Terms, the Company will operate as an Employment Business as defined under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Nothing in this Agreement shall render you an employee, agent or partner of the Company and you should not hold yourself out as such.
3. ASSIGNMENTS
We may offer you suitable Assignments on a non-exclusive basis (without being under any obligation to do so). You acknowledge that the nature of Assignments is such that there may be periods when no suitable Assignments are available and agree; (a) that suitability sometimes is determined solely by us. (b) that we shall incur no liability should we fail to offer you opportunities to fulfill any Assignment or Assignments. (c) that you will at our request at any time (whether before or after the commencement of any Assignment) withdraw from any Assignment forthwith following such request without any liability on our part to you. (d) save in respect of remuneration for hours worked, to indemnify us and hold us harmless in respect of all and any liabilities, losses, expenses, costs claims or damages incurred
or suffered by us as a result of us entering into these Terms with you or arising directly or indirectly as a result of any breach by you of any of these Terms or any negligent act or omission on your part whilst engaged on any Assignment unless the same is due to a proven negligent act or omission by us. (e) to the extent permissible by law to the processing of your personal data by us for the purposes set out in our web site privacy policy at The Fitness Directory LTD https://tfdirectory.co.uk under applicable data processing legislation and as a separate and continuing warranty you hereby warrant to us the accuracy of such data each time you commence an Assignment.
For the purposes of calculating the average number of weekly hours worked by you on an Assignment, the start date for the relevant average period under the Working Time Regulations 1998 shall be the date on which you commence your first Assignment.
Prior to the commencement of any Assignment you will provide us with confirmation of:
3.1 your identity;
3.2 any qualifications (professional or otherwise) and copies of relevant documentation or certification; and
3.3 your willingness to work on the Assignment.
4. OBLIGATIONS
You are not obliged to accept any Assignment offered by us but if you do so, throughout the duration of every Assignment for which you are engaged (or such other period where expressly stipulated in these Terms) you will: (a) Co-operate with the Client’s staff and accept the direction supervision and instruction of any responsible person in the Client’s organisation. (b) Observe any relevant rules and regulations of the Client’s establishment to which your attention has been drawn or which you might reasonably be expected to ascertain. (c) Unless arrangements have been made to the contrary, conform to the normal hours of work in force at the Client’s establishment. (d) Take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions on the Assignment and comply with any health and safety policies of the Client. (e) Not engage in any conduct detrimental to the interests of the Client or us. (f) Not at any time divulge to any person, nor use for your own or any other person’s benefit, any confidential information relating to employees, business affairs, transactions or finances of Client, or us, or the terms of the agreement between you and us. (g) When requested during the Assignment for whatever reason, or in any event upon the termination of an Assignment, you shall deliver to the Company or Client any books, documents, papers, materials, uniform and other property (including copies thereof) belonging to or relating to the business of the Client or us which may then be in your possession or under your control. (h) Refer any unsolicited requests or expressions of interest whatsoever made by or on behalf of any Client for the provision of services or the carrying out of work by you of which you become aware forthwith thereafter to us. (i) Comply with the stipulations in any health and safety risk assessment and training manual produced by us in relation to any Assignment and observe and perform all reasonable written rules and regulations of ours notified to you in writing before or during any Assignment upon which you are engaged and which shall be deemed to form part of and be incorporated into these Terms. (j) Not use the telephone, fax, email or computer systems belonging to the Client for personal usage, gain or benefit.
5. RESTRICTIONS
You will not at any time during any Assignment nor for 24 months thereafter, directly or indirectly interfere with, seek, canvass, solicit or entice any business, orders or customer from any of our Clients or persons with whom we were in consultation with a view to those persons becoming Clients with whom you had contact during the last 24 months preceding termination of the Assignment (or the
duration of the Assignment if less than 24 months) to the intent that any of them cease to patronise our business or to the intent of directing their custom elsewhere. Nor will you at any time during any Assignment discuss any payment procedures, company terms, event or staffing issues directly with any Client and any enquiries of this nature if received by you must be directed to us. If you are in breach of any restriction in this Clause 5 then you will be removed from our database and won’t be eligible for further assignments.
6. NON COMPLETION OF ASSIGNMENT
If you are unable or unwilling for any reason to commence or if applicable complete an Assignment, you must inform us immediately to enable arrangements to be made for another suitable person to perform the services originally contracted for and if applicable set out in any attached Appointment Details. You are able to nominate a substitute to commence or complete an Assignment on your behalf by giving us notice and on the strict basis that your nominated substitute is suitable and agrees to these Terms. In the event of a complaint being made against you we reserve the right to withhold any sums otherwise due to you for 14 days from the due date pending an investigation. All complaints will be dealt with in accordance with The Fitness Direcory’s code of conduct clause 14 . Where a complaint has been upheld, then without prejudice to the Company’s existing rights, payment may be withheld in whole or in part at the sole discretion of the Company depending on the nature and circumstances of the complaint.
7. FEES
Client shall pay Fitness Professionals £12.50 per hour (minimum 6 hours) and £27.50per class.
The Fees applicable to you from time to time will be notified on a per Assignment basis and in advance of the Assignment commencing (if not set out on the attached Appointment Details) and in any event will be not less than National Minimum Wage currently in force for each complete hour actually worked by you during an Assignment (the “Fee”). The Fee will be paid the Friday after the week worked. On receipt of both the Client (Gym/Venue) confirming and yourself confirming the assignment on the app after completion. Delay in confirming can mean a delay in being paid. Once confirmed it cannot be altered. You will be contracted on a self-employed basis and therefore responsible for your own tax and national insurance contributions. You will be paid the Fee in respect of hours worked on the Assignment. You will be paid the Fees owed to you for hours worked regardless of whether the Company has received payment by the Client for your services. You are not entitled to receive payment from us or our Clients for the time not spent on Assignment, whether in respect of illness or absence or any other reason.
Unless stipulated otherwise on the attached Appointment Details we will make payments to you as set out above every Friday following the week worked.
The Company may from time to time engage the services of an independent company to oversee and facilitate payments to you. You may receive payments directly from the third party company however you remain bound at all times by these Terms.
8. NOTICE AND TERMINATION
We reserve the right to cancel the contract between us and/or instruct you to end the Assignment, without liability (except for remuneration for hours worked). at any time forthwith by giving notice in writing or if the circumstances warrant by verbal notice from an authorised representative of the company. Notice in writing will be given to the address stipulated by you with your sign up details.
You may terminate an Assignment at any time during an Assignment by giving us no less than [24 hours notice] notice in writing. If you fail to complete the total Assignment, or fail to attend work for any reason the Assignment shall thereupon terminate. For any assignment that is not totally completed or cancelled by you within 24 hours or you fail to turn up then you will be removed from our database. We shall not be liable to you for any period in which performance hereunder is delayed by circumstances beyond our reasonable control.
9. FORCE MAJEURE
We shall not be liable to you for any period in which performance hereunder is delayed by circumstances beyond our reasonable control.
Neither party shall be liable to the other for any loss or damage which may be caused by any acts, events, omissions or accidents arising which is beyond the reasonable control of the affected party strikes, lockouts or other industrial disputes (whether involving the workforce of the company, personnel engaged by the company or any other party), failure of a utility service or transport network, act of God, inclement weather, fire, flood, disaster, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors or act of omission by any government or competent authority.
10. INTELLECTUAL PROPERTY
You hereby irrevocably and unconditionally assign to us all Intellectual Property Rights in the products of your services, together with any future rights that may accrue and the obligations under this clause will continue indefinitely.
11. EXPIRY OF TERMS
All the provisions of these Terms which are intended by their nature to survive their cancellation termination or expiry shall continue in full force following such cancellation termination or expiry for so long as may be required to give effect thereto.
12. THIRD PARTIES
Nothing in these Terms shall confer or purport to confer on any third party any benefit or the right to enforce any Terms for the purposes of the Contracts (Rights of Third Parties) Act 1999.
13. GOVERNING LAW AND JURISDICTION
These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
14. STAFF CODE OF CONDUCT
♦ If there are any problems, prior or during the assignment your first point of contact is The Fitness Directory helpline.
♦ Do not go to the client unless it is absolutely unavoidable.
♦ Personal relationships with the client are not acceptable.
♦ Make sure that you leave ample time to get to the venue.
♦All staff should be at the venue prior to the start time.
♦ Lateness will not be tolerated.
♦ All staff should be able to work overtime unless previously arranged.
♦ Look smart and groomed at all times.
♦ No smoking unless on a designated break and always out of the sight of clients.
♦ No drinking alcohol while working. Any staff discovered to be under the influence of drugs or alcohol will be dismissed with immediate effect.
♦ Always be eager to help, polite and diplomatic.
♦ Remember the client is always right.
♦ Leave any personal problems at home.
