Contract for Service - Personal Trainer

8/13/2019 Contract for Service - Personal Trainer

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This Contract for Service is made this 16th day of September 2009between Clark Hatch Fitness & Sport Center Sdn Bhd (Co. No.211674-!" whose b#siness address is at S#ite 12.01$ %e&e' 12$ ohor)ahr# City S*#are (+ffi,e Tower!$ No.106-10$ a'an on/ h oo$0000 ohor )ahr#$ ohor (3the Company3! and Mohd Hafiz Bin

Yaakob (5C No. 00206-01-41!" whose address is at No.1$ a'an)entara 12$ Taman n/# T#n minah$ 1800 ohor )ahr#$ ohor (3the Trainer3!.t is hereby a/reed as fo''ows

Engagement:1! The Company sha'' en/a/e the Trainer to a,t for the Company in aprofessiona' ,apa,ity as ersonal !rainer on the terms set o#t in thisContra,t for Ser&i,e.

2! The Trainer:s en/a/ement sha'' ,ommen,e on the date of thisContra,t for Ser&i,e and sha'' ,ontin#e (s#b;e,t to the pro&isions of thisContra,t for Ser&i,e! #nti' terminated by either party /i&in/ to the othernot 'ess than one (1! months: noti,e in writin/.

"#ties:1! n his5her ,apa,ity as <ersona' Trainer to the Company the d#tiesand5or responsibi'ities per ,a'endar month or prorated part thereof ofthe Trainer sha'' be to ,ond#,t a minim#m of 120 itness ssessment or<ersona' Trainin/ sessions per ,a'endar month.

2! =a,h itness ssessment or <ersona' Trainin/ session sha'' be worth>?10.00 ea,h. or e&ery session #nder the minim#m thresho'd$>?10.00 wi'' be ded#,ted.

8! The Trainer sha'' de&ote a minim#m tota' of 200 ho#rs per ,a'endarmonth or prorated part thereof. n the e&ent the Trainer fai's to de&ote aminim#m tota' of 200 ho#rs per ,a'endar month or prorated partthereof$ the Company reser&es the ri/ht to ded#,t pro-rata from the Trainin/ fee payab'e as stip#'ated in the Trainin/ fee ,'a#se be'ow.

4! The Trainer wi'' not d#rin/ his5her en/a/ement #ndertae anyadditiona' a,ti&ities or a,,ept other en/a/ements whi,h wo#'d interferewith or pre,'#de the performan,e of his5her d#ties #nder this Contra,tfor Ser&i,e or whi,h 'ead to or mi/ht 'ead to any ,onf'i,t of interestbetween the Trainer and the best interests of the Company whi,h for thea&oidan,e of do#bt sha'' in,'#de bein/ a Trainer to and5or a dire,tor ofany ,ompany or b#siness whi,h ,ompetes with the b#siness of theCompany or any of its s#bsidiaries and asso,iates$ the se''in/ of anyprod#,ts$ ser&i,es or en/a/ement in any dire,t se''in/ or m#'ti-'e&e'maretin/ s,hemes of whate&er trade$ ser&i,es or nat#re and inwhate&er ,apa,ity.

! The Trainer sha'' ens#re that a'' monies$ ,ash$ deposits ,o''e,ted onbeha'f of the Company sha'' be handed to the Company@s ,ashier in aneApedite fashion on the a,t#a' day of ,o''e,tion. The Trainer is stri,t'y

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prohibited from ho'din/ on to any monies$ ,ash$ deposits ,o''e,ted onbeha'f of the Company o&erni/ht or for any eAtended periods of time.

6! The Trainer sha'' not either d#rin/ his en/a/ement either a'one or ;oint'y with or on beha'f of any other person$ firm or ,ompany emp'oy orendea&or to enti,e away from the Company any person who is or wasd#rin/ his en/a/ement an emp'oyee of the Company.

!raining fee:1! The Company sha'' pay to the Trainer in ,onsideration of his5herser&i,es a maAim#m Trainin/ ee of >?1$200.00 per ,a'endar month orpart thereof ,ommen,in/ from 16th September 2009 s#b;e,t to a>?10.00 ded#,tion for e&ery session #nder the minim#m thresho'd of120 itness ssessment or <ersona' Trainin/ session per ,a'endarmonth.

2! This trainin/ fee sha'' eA,'#de any disb#rsements in,#rred and5orser&i,e taA payab'e whi,h sha'' be borne by the Trainer$ if any.

8! The Company sha'' pay the Trainin/ fee stip#'ated in C'a#se (1! abo&ewithin one (1! wee of the end of ea,h ,omp'eted ,a'endar month ofser&i,e. n the e&ent the pay-o#t fa''s on a non-banin/ day$ paymentsha'' be made on the neAt banin/ day.

Sales Commission:1! The Company sha'' pay Sa'es Commission to the Cons#'tant when the<ersona' Trainin/ <ro,ess is deemed ,omp'eted by the Company by thefo''owin/ ,riteria

! =a,h <ersona' Trainin/ <ro/ram of one ho#r d#ration m#st bes#bmitted to the itness ?ana/ement Cons#'tant before the,ommen,ement of the session for interna' ,ontro'$ a#dit and tra,in/p#rposes.

)! No reasonab'e ,omp'aints are 'od/ed a/ainst the <ersona' Trainerand ,'ient5member is /enera''y satisfied with the ser&i,e.

2! The detai's pertainin/ to Sa'es Commission payab'e to the Cons#'tantsha'' be ,omp#ted as per the ddend#m on Sa'es Commission. ny

Sa'es Commission payab'e sha'' be paid by the end of the third wee (or21 days! of the end of ea,h ,omp'eted ,a'endar month of ser&i,e. n thee&ent the payo#t fa''s on a non-banin/ day$ payment sha'' be made onthe neAt banin/ day.

!ermination:1! The Company sha'' be entit'ed to terminate this Contra,t for Ser&i,eand the Trainer:s en/a/ement witho#t any payment in 'ie# of noti,e$,ompensation or dama/es forthwith #pon the Company be,omin/ awareof the happenin/ of any of the fo''owin/ e&ents

!. n,ompeten,e B the Trainer may be deemed in,ompetent by theCompany on the basis of inabi'ity to meet the d#ties and5orresponsibi'ities as defined in the #ties ,'a#se abo&e.

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)! f the Trainer is fo#nd /#i'ty of any serio#s mis,ond#,t or materia' orpersistent brea,h of any of the terms or ,onditions in this Contra,t forSer&i,e or sha'' wi''f#''y ne/'e,t or ref#se to ,arry o#t any of his #tiesor to ,omp'y with any reasonab'e instr#,tions /i&en to him by theire,tors of he Company other than by reason of in,apa,ity$ a,,ident ori''ness is #nab'e to ,arry o#t his5her d#ties in a proper and effi,ientmanner.

C! f the Trainer sha'' ha&e a banr#pt,y order made a/ainst him5her orsha'' ,ompo#nd with or enter into any &o'#ntary arran/ements withhis5her ,reditors.

! f the Trainer sha'' be ,on&i,ted of any offen,e in&o'&in/ any a,t offra#d or dishonesty.

=! f the Trainer sha'' a,t in any way whi,h in the opinion of the ire,torsbrin/ the Company into disrep#te.

2! The Trainer sha'' #n,onditiona''y ret#rn a'' Company property s#,h asa'' boos$ papers$ do,#ments$ re,ords$ name-,ards$ informationpertainin/ to sa'es 'ead$ #niforms$ mobi'e phone ,ards and ,omp#tersoftware ept or made by or in the possession or ,ontro' of the Trainerre'atin/ to the b#sinesses of the Company. '' other property of theCompany are to remain the property of the Company and a''S#,h items in the possession$ ,#stody or #nder the ,ontro' of the Trainerat the termination of his en/a/ement here#nder sha'' be immediate'yde'i&ered to the ire,tor(s! of the Company.

8! The Company sha'' withho'd payment of Sa'es Commission to the

Trainer #pon termination of the Trainer@s ser&i,es for a period of 8,a'endar months or more at Company@s dis,retion d#e to the,ontin/en,y of defa#'t of payment by the members re,r#ited by the Trainer.

4! The Trainer sha'' not for a period of three (8! months after thetermination of his en/a/ement whether a'one or ;oint'y with or on beha'fof any other person so'i,it the ,#stom of or dea' with any person$ firm or,orporation with whom or whi,h he may ha&e dea't in respe,t of /oodsand5or ser&i,es of a type whi,h at or within three (8! months prior to the

termination of his en/a/ement were or ha&e been s#pp'ied to theperson$ firm or ,orporation in *#estion by the Company or whi,h theCompany is or was at the time of s#,h termination in the pro,ess ofne/otiatin/ to s#pp'y to the person$ firm or ,orporation in *#estion orinterfere or see to interfere or tae steps that may interfere with the,ontin#an,e of s#pp'ies to the Company (or the terms re'atin/ to thoses#pp'ies! from any person s#pp'yin/ ,omponents$ materia's or ser&i,esto the Company.

$ight to !ransfer: The Company reser&es the ri/ht to transfer the Cons#'tant to any of its

departments$ offi,es$ bran,hes or other p'a,es of wor within the distri,tof ohor )ahr# or to its ho'din/ or any of its re'ated or asso,iated ors#bsidiary ,ompany to perform s#,h d#ty and ass#me s#,h post asmaybe dire,ted by the Company.

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Confidentialit%:1! The Trainer sha'' not either d#rin/ his5her en/a/ement or at any timethereafter for whate&er reason di&#'/e or ,omm#ni,ate to any personseA,ept to those offi,ers of the Company whose pro&in,e it is to now thesame or #nder the a#thority of the Company nor sha'' the Trainer d#rin/or after his5her en/a/ement #se$ eA,ept in the proper performan,e ofhis5her d#ties #nder this Contra,t for Ser&i,e$ any ,onfidentia'information re'atin/ to the b#sinesses of the Company and itss#bsidiaries whi,h may ha&e been dis,'osed to the Trainer or whi,h mayotherwise ha&e ,ome to his5her attention in,'#din/$ witho#t 'imitation$any ,onfidentia' information of the Company re'atin/ to

! %ists and detai's of members and potentia' members of theCompany@s b#sinesses"

)! <ro,esses or methodo'o/ies #sed or to be #sed in any of theCompany@s b#sinesses"

C! <ri,in/ po'i,ies$ terms of b#siness or b#siness de&e'opment

p'ans of the Company"! ?ana/ement a,,o#nts of the Company.

#blic Statements: The Trainer sha'' not at any time whether d#rin/ his5her en/a/ement orthereafter mae any p#b'i, statement in re'ation to the Company or itsb#sinesses$ affairs$ members$ ,#stomers or ,'ients and sha'' not afterhis5her en/a/ement has terminated wron/f#''y represent himse'f5herse'fas bein/ en/a/ed by or ,onne,ted with the Company.

$epresentations:

The Trainer warrants and represents to the Company that he5she is#nder no ob'i/ation$ ,o&enant or restri,tion whi,h wo#'d or mi/htoperate to pre&ent or restri,t the Trainer from performin/ his5herob'i/ations #nder this Contra,t for Ser&i,e or whi,h may /i&e rise to any,onf'i,t of interest between the Trainer and the Company.

o Emplo%ment:Nothin/ herein sha'' render or be deemed to render the Trainer anemp'oyee or a/ent of the Company.

o artnership: This Contra,t for Ser&i,e sha'' not be ,onstr#ed so as to ,reate apartnership or ;oint &ent#re between any of the parties. Nothin/ in thisContra,t for Ser&i,e sha'' be ,onstr#ed so as to ,onstit#te any of theparties the a/ent of another.

Entire Contract for Service: This Contra,t for Ser&i,e ,onstit#tes the entire #nderstandin/ anda/reement between the parties re'atin/ to the s#b;e,t matter of thisContra,t for Ser&i,e. ith the eA,eption of statements madefra#d#'ent'y$ ea,h party a/rees that its on'y remedies ,an on'y be for

brea,h of ,ontra,t.

'a( and )#risdiction:

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Contract for Service - Personal Trainer