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Do you want more work?

Fill out the application form below; attach a profile picture as well as electronic copies of your qualifications and any relevant certificates. Once your qualifications have been screened, a staff member will contact you and you will be added to our pool of instructors.

What are the benefits of joining Lincoln Stewart Fitness?

  • No joining fees or rent
  • We call you with work
  • Say yes or no to work as you see fit. No Obligation, Ever.
  • Range of Classes, Clients, Locations and Working Environments
  • No Invoicing or Client Management, We do all of the admin.
  • We pay you fortnightly, Guaranteed!

Fill in both the Instructor Application and Contractor Agreement below and submit them for review. We will get in contact with you shortly.

  • Instructor Application
  • Contractor Agreement

INDEPENDENT CONTRACTOR AGREEMENT

  • THIS INDEPENDENT CONTRACTOR AGREEMENT (the "Agreement") dated this
  • 
Lincoln Stewart Fitness of 10C Thorpe Street, Morley, Western Australia 
(the "Customer")
  • BACKGROUND:
    • The Customer is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Customer and all qualifications and first aid certificates are current and in date.
    • The Contractor is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
      IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:   Services Provided
    • The Customer hereby agrees to engage the Contractor to provide the Customer with services (the "Services") consisting of:
      • Teaching Group Fitness Classes at Various Gyms and Locations.
      • Coaching personal training clients at various out door and indoor locations.
      • Providing massage services to clients in various studios. Usually operating under the trading name of Optimise You Massage.
      • Provide fitness advice and services at corporate events and functions at various locations.
     
    • : The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Customer.
     
    • Term of Agreement
       
    • : The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
    • : In the event that either Party wishes to terminate this Agreement, that Party will be required to provide fourteen (14) days notice to the other Party.
    • : Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
      • Performance
    • : The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
      • Currency
    • : Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
      • Compensation
    • : For the services rendered by the Contractor as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Contractor of $50.00 per hour. In the case of massage services rendered by the contractor, the customer will pay compensation at forty ($40.00) per hour.
    • : The Compensation will be payable every two (2) weeks, while this Agreement is in force.
    • The Contractor is responsible for paying any Superannuation Guarantee contributions that may be required in relation to the work performed by the Contractor or by employees of the Contractor under this Agreement.
    • The above Compensation includes all applicable sales tax, and duties as required by law.
    • Additional Compensation
    • The Contractor understands that the Compensation as provided in this Agreement will constitute the full and exclusive monetary consideration and compensation for all services performed by the Contractor and for the performance of all the Contractor's promises and obligations under this Agreement.
    • Provision of Extras
    • The Customer will not provide any assistance or extras for use by the Contractor in providing the Services.
      • Reimbursement of Expenses
    • The Contractor will not be reimbursed for expenses incurred by the Contractor in connection with providing the Services of this Agreement. These extras include program music, training, PPCA music license fees, uniforms, and gym equipment or group fitness props.
    • Payment Penalties
    • No late payment penalty will be charged if the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement.
    • Performance Penalties
    • If the Contractor does not perform the Services within the time frame provided by this Agreement, a performance penalty will be charged as follows:
      • If an instructor, massage therapist or personal trainer employed, as a contractor does not show up to complete the arranged job. (Such as a group fitness class, training a client or group or to massage a client) the contractor will be liable for any expenses incurred by Lincoln Stewart Fitness.
    • Confidentiality
    • Confidential information (the "Confidential Information") refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
    • The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Customer. This obligation will survive for a period of two (2) years from the termination of this Agreement.
    • Non-Competition
    • Other than with the express written consent of the Customer, which will not be unreasonably withheld, the Contractor will not, during the continuance of this Agreement or within one (1) year after the termination of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Customer, divert or attempt to divert from the Customer any business the Customer has enjoyed, solicited, or attempted to solicit, from other individuals or corporations, prior to termination of this Agreement.
    • Non-Solicitation
    • Any attempt on the part of the Contractor to induce to leave the Customer's employ, or any effort by the Contractor to interfere with the Customer's relationship with its employees or other service providers would be harmful and damaging to the Customer.
    • The Contractor agrees that, during the term of this Agreement, and for a period of one (1) year after the termination of the Agreement, the Contractor will not in any way directly or indirectly:
      • Induce or attempt to induce any employee or other service provider of the Customer to quit employment or retainer with the Customer;
      • Otherwise interfere with or disrupt the Customer's relationship with its employees or other service providers;
      • Discuss employment opportunities or provide information about competitive employment to any of the Customer's employees or other service providers; or
      • Solicit, entice, or hire away any employee or other service provider of the Customer.
    • Capacity/Independent Contractor
    • In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
    • Notice
    • All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
      • Lincoln Stewart Fitness
10C Thorpe Street
Morley, Western Australia, 6062
, Email: admin@lincolnstewartfitness.com.au
    • Or to such other address as any Party may from time to time notify the other.
    • Australian Business Number (ABN)
    • The Australian Business Numbers (ABN's) for the Parties to this Agreement are as follows:
      • Lincoln Stewart Fitness: 23381015887
    • Insurance
    • The Contractor will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.
    • The Contractor is required to be registered with Fitness Australia and keep their membership up to date and current.
    • Modification of Agreement
    • Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
    • Time of the Essence
    • Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
    • Assignment
    • The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
    • Entire Agreement
    • It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
    • Titles/Headings
    • Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
    • Gender
    • Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
    • Governing Law
    • It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Western Australia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
    • Severability
    • In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
    • Waiver
    • The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
      IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this contract or signed the digital agreement terms and conditions of this contract on the Lincoln Stewart Fitness website/Instructor application page.
 

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