Personal Training Offer

[shootfighter1]

My girl is interviewing at a local club for a trainer position. She already has a private studio but rent is getting high and few signups lately. This new place is a new club but very nice and lots of people signed up. Marketed well for your average person and also hard trainers.

They want her to sign an employment agreement but use a % split, no salary. 14 day out clause. There is also a very strict non-compete clause. No training anywhere else while you are employed there. Then another section in the contract says you cannot perform any services or businesses that would be similar or compete in any way with any of the gym's services (including personal tr.) in a 10 mile radius for 3 yrs. Additionally, agreeing to these non-compete restrictions wouldn't prevent you from earning a living.

The owner said he had a simple page and a half employment agreement but when he gave it to his laywer to write, it became near 7 pgs.

To me, this is crazy. She is a full time personal trainer & there are many unforseeable circumstances where she may have to leave and train somewhere else if not working out.

Want your opinions and any info on people here signing employment contracts for personal training.

[Blockhead]

 I think Personal Training is best left as a side gig for extra scratch or supplemental income.

 She's better off finding another space thats cheaper and move her studio and market herself better and more aggressivley.

  Otherwise they'll pay her with the 60/40 rule and she'll be emptying garbage cans and wiping mirrors down and putting weights away...all things NOT in her job description, in between clients. Check her!

[Cleanest Natural]

first i wanted to tell u to tell her to tell the employer to go fuck himself with that "agreement"....but let's be constructive. First she has to be independent as a contractor and set up her own fees...she'll have to get her own insurance and pay the taxes...but these are small inconveniences... market herself agressively...exposure to any kind of media is good, fliers included, always be dressed nice cool and have a smile on cause u never know who u bump into, apearence is what she'll be judged on...STAY IN SHAPE and be an example for the clientelle, think also group instead of client per hour...shop herself at various gyms...good luck 

[DIVISION]

My girl is interviewing at a local club for a trainer position. She already has a private studio but rent is getting high and few signups lately. This new place is a new club but very nice and lots of people signed up. Marketed well for your average person and also hard trainers.

They want her to sign an employment agreement but use a % split, no salary. 14 day out clause. There is also a very strict non-compete clause. No training anywhere else while you are employed there. Then another section in the contract says you cannot perform any services or businesses that would be similar or compete in any way with any of the gym's services (including personal tr.) in a 10 mile radius for 3 yrs. Additionally, agreeing to these non-compete restrictions wouldn't prevent you from earning a living.

The owner said he had a simple page and a half employment agreement but when he gave it to his laywer to write, it became near 7 pgs.

To me, this is crazy. She is a full time personal trainer & there are many unforseeable circumstances where she may have to leave and train somewhere else if not working out.

Want your opinions and any info on people here signing employment contracts for personal training.

How much is she going to be paid?

It better be alot if he expects her to sign that contract.

Without a guarantee of income, that would be a very foolish agreement to enter in to.

All personal trainers do work on the side.

They have to, to make ends meet.

If she's smart she won't sign.




DIV

[shootfighter1]

Thanks for the feedback so far guys.

She was a former jr nat BBing competitor.  She's in fantastic shape and not too muscular to scare people off.  Great easy going personality.  Not the most aggressive marketer though and I think thats part of the less than spectacular success on her own.

She wants to be able to honor whatever agreement she signs so we'll have to negotiate.

If she is employed and only making a split, seems unfair if they ask her to do anything but train.  The split is 60/40 or 65/35.

[Mr. Intenseone]

I think Personal Training is best left as a side gig for extra scratch or supplemental income.

 

Why do you say that?

[DIVISION]

Thanks for the feedback so far guys.

She was a former jr nat BBing competitor.  She's in fantastic shape and not too muscular to scare people off.  Great easy going personality.  Not the most aggressive marketer though and I think thats part of the less than spectacular success on her own.

She wants to be able to honor whatever agreement she signs so we'll have to negotiate.

If she is employed and only making a split, seems unfair if they ask her to do anything but train.  The split is 60/40 or 65/35.

Even with that split, how much will she be making per month?

Work it out and that should tell you if it's worth signing.




DIV

[Mr. Intenseone]

My girl is interviewing at a local club for a trainer position. She already has a private studio but rent is getting high and few signups lately. This new place is a new club but very nice and lots of people signed up. Marketed well for your average person and also hard trainers.

They want her to sign an employment agreement but use a % split, no salary. 14 day out clause. There is also a very strict non-compete clause. No training anywhere else while you are employed there. Then another section in the contract says you cannot perform any services or businesses that would be similar or compete in any way with any of the gym's services (including personal tr.) in a 10 mile radius for 3 yrs. Additionally, agreeing to these non-compete restrictions wouldn't prevent you from earning a living.

The owner said he had a simple page and a half employment agreement but when he gave it to his laywer to write, it became near 7 pgs.

To me, this is crazy. She is a full time personal trainer & there are many unforseeable circumstances where she may have to leave and train somewhere else if not working out.

Want your opinions and any info on people here signing employment contracts for personal training.

If the salary is any less than $5000 per month she needs to go on her own!

[shootfighter1]

All depends on how many clients she can get at the gym, plus whoever she can bring in.  Thats the problem with the non-compete clauses.  If not enough people are signing up for personal training or they hire too many trainers, she can't make a full time living.

[DIVISION]

All depends on how many clients she can get at the gym, plus whoever she can bring in.  Thats the problem with the non-compete clauses.  If not enough people are signing up for personal training or they hire too many trainers, she can't make a full time living.

That's what I'm telling you, bro.

If there's no guarantee of residual income, regardless of the clientele-base, you shouldn't sign the contract.

He can't guarantee shit.....



DIV

[shootfighter1]

I agree!

[fathead]

Can she dance?

[FLEX N FREAK]

Blockhead, i totally disagree.  I have been a trainer for nearly 10 years now, worked for Golds for a big part of that time, felt more like a salesman than a trainer, Left a year ago and opened my own studio with a female partner, we have 3 independant trainers that work out of our 1220 sq. ft studio and they almost pay our monthly rent.

I couldnt be happier, pulling in 5 to 6 k a month doing what i love.

and im in fricken Boise Id.

[jude2]

The non compete clause will not hold up.

[shootfighter1]

Thank you guys greatly for your input. Very helpful.

I went with her to negotiate. Seems the lawyer took things to the extremes. I convinced him this was an unreasonable agreement. He compromised to drop the non-restriction clauses after the expiration of employment. It was important to him to keep the non-compete clause during employment. He is making her an employee but no salary or benefits....perhaps that helps enforce the non-compete while she works there?

He is also striking the clause where the company can go after family for damages. (That was crazy to me)

The owner is going to alter the agreement and she will likely join on. At least there is no term so she can leave if its not working out. The owner seems like a good guy actually (although I have enough business & legal experience to know it doesn't always matter).

My brother is a lawyer.  He said a three yr non-compete clause would not hold up in court for that type of position.  She could always argue it disrupts her ability to make a living, being that she does this full time.

Flex, I know its often better in a private studio but she is going to try this for now.

[posterchild]

To me a 7 page non compete tells me a lot about the personality of the owner of the club she is considering working for...and personally, that would be motiveation enough for me to rethink my ideas and beliefs about my ability to market, and perhaps even go so far as telling myself I am good at marketing!

I have been in the fitness business for about 10 years, and I do not think it is difficult to make 100k plus per year, even paying rent.  I used to struggle at the fitness business until I changed teh way I thought about the fitness and wellness business.

She may find the book, The E Myth ( http://www.e-myth.com ) by Michael Gerber to be very helpful to her thinking process. 

FOr me personally, I would much rather have my own busienss than have to work under a person who feels it nessicary to have me sign a seven page non compete contract watching out for his best interests, and seemingly not caring at all about yours. 

 

[FLEX N FREAK]

Shoot, absolutely go with the best opputunity that presents it self, i wish her the best.  Shes just got to be aggressive and motivated to get new clients

[shootfighter1]

Thanks to all you guys!

[rocket]

If she looks good she could do well if she applied herself.  A website, a bit of publicity, a deal with multiple gyms rather than relying on one and she'd be doing very well for herself.

[gatrainer]

tell her to run away....run far away.  Tell her to just buy a membership there and then solicit their members

[chainsaw]

Thanks to all you guys!

The key word is that she needs to "MARKET".  Whether she is here or there, that is the key. 

[buffbodz]

Thanks for the feedback so far guys.

She was a former jr nat BBing competitor.  She's in fantastic shape and not too muscular to scare people off.  Great easy going personality.  Not the most aggressive marketer though and I think thats part of the less than spectacular success on her own.

She wants to be able to honor whatever agreement she signs so we'll have to negotiate.

If she is employed and only making a split, seems unfair if they ask her to do anything but train.  The split is 60/40 or 65/35.

After various jobs and owing a restruant, I finally wanted to do something I relay liked.  I had the certifications, but training like said is a part time job.  I, like your girl, rented a good size storefront and opened a training studio, diet counseling and supplement store.  With 3 money making sources under 1 roof, is the way to go IMO.  Allot of people use the net to get their supps, but some still want brick and mortar, as they say and being in shape I'm also a good source of information with almost 12 years in the industry.  First she must have a business plan.  Banks are good to people who have what they will do on paper and the rates are down so for under 20K she should be able to get a visable storefront, big enough for training and retailling supps.  I've been at this same location and the bottom line is up every year.  November will be the start of My 4th. year at this store.  Location is everything and what she could charge for training is all hers, with the only overhead covering the cost of the business.  It's hard at first but than either things fall in place or time to move on.  I would never singe a contract like that and like someone said the training aspect is only 1/3 of the business.  The nutritional counseling is 100% profit and you can usually make about 30% profit on supps.  It's a big move, but IMO allot better than signing a 60-40 , 9 page contract.  That too much to be giving away when you will do all the work.   www.NutritionalEdge.org is working fine.  This year I hope to gross over 100K.  Not bad for a 1 man operation with 10-5 opening hours.  5 days and 4 hours on Sat morning.

[Special Ed]

Shoot,

Couldn't she do something a little more dignified that pays more money?

You know, like stripping or porn? Or is she fugly? Because I would think that if she has a decent bod and a decent face, she shouldn't be wasting it on old and lazy people.

Just my thoughts.

special 'dead serious' ed

[Birdman]

I was managing some studios in Atlanta and the owner wanted me to sign a non compete clause that would expire 1 year after my employment ended and it was for a 50 mile radius...which was all of ATL. 
To each his own, but just tell your girl to think it through.

[240 is Back]

   www.NutritionalEdge.org is working fine.  This year I hope to gross over 100K. 

Nice.  Very nice.