FITNESS VACATION EXCHANGE GENERAL CONTRACT
1. CONTRACTING PARTIES: This Contract is between Fitness Vacation Exchange
(“FITNESS VACATION EXCHANGE”), and the traveling Fitness Instructor hereafter referred to
as “INSTRUCTOR”). The addresses/phone numbers of the contracting parties:
FITNESS VACATION EXCHANGE
Name of Contact/Title: Gia Lucy, Co-Owner
Street Address: 28101 Paseo Azteca
San Juan Capistrano, CA 92675
Telephone: (949) 395-2878
INSTRUCTOR Name, Address & Telephone Number on Registration Form will be used for
identification purposes for contract
2. PURPOSE OF CONTRACT - EXCHANGE: The parties hereby agree to participate in the following “Exchange:” FITNESS VACATION EXCHANGE will book INSTRUCTOR, one guest and two children ages 12 and under for a booking fee of $375.00/week, plus a fitness gift for the resort valued at $195.00 USD at The Hyatt Ziva Cancun for a limited inclusive teaching vacation. The INSTRUCTOR, and guest/s will receive lodging accommodations, and all-inclusive food and NON-ALCOHOLIC drinks at 3 of the restaurants on property (to be determined by the resort upon check-in) at no additional cost other then the booking fee, and resort gift during the term of the Instructor’s Exchange stay. INSTRUCTOR will teach two, 1 hour fitness classes/day at the times and locations designated by the resort.
3. CONTRACT PERIOD: 7 Nights. Effective Date: Date of check-in found on registration form Termination Date: Date of check-out found on registration form, unless terminated early by either party with 90 days’ prior written notice.
4. DOCUMENTS INCORPORATED INTO THIS CONTRACT:
ADDENDUM “A” – FITNESS VACATION EXCHANGE’S Standard Terms and Conditions.
ADDENDUM “B” - Exchange Terms - specific terms of all Exchanges agreed upon by the parties during the term of this Contract.
5. ENTIRE AGREEMENT: This Fitness Vacation Exchange General Contract and all recitals, terms and conditions set forth in ADDENDUM A and ADDENDUM B, constitute the entire agreement of the parties, and no representations, warranties, covenants or promises of any kind have been made by either party to the other except as expressly set forth herein.
Instructor’s Signature and date will be taken from their online registration form and serve as legal agreement.
ADDENDUM A - STANDARD TERMS AND CONDITIONS
to Fitness Vacation Exchange General Contract
1. FITNESS CLASSES: FITNESS VACATION EXCHANGE instructors shall provide two (2) fitness classes each day, during the Exchange, except that Instructors shall not be required to provide classes on arrival dates. Fitness classes shall run 1 hour. RESORT staff shall determine class times and locations.
2. ADMINISTRATION FEE: The administration fee is a service fee charged by Fitness Vacation Exchange for services rendered, including but not limited to, processing the booking, making the resort reservation and complete follow-up with the professional/member and resort prior to the EXCHANGE. All transactions are final upon receipt of fees.
INSTRUCTOR and their traveling companions, as a condition of this agreement, shall not discuss fees or costs with any resort personnel, or guests of the resorts.
3. REQUIRED GIFT/GIFTS TO RESORT
The GIFT is not part of the administration fee. INSTRUCTORS will be required to contribute the gift fee of $175 toward the purchase of items for the resort or to go into a gift fund for the resort. These items will be based upon the resort’s individual needs and requests.
INSTRUCTOR must bring the exact requested gift to the resort at time of their exchange. All gift items must be carried within a members carry-on bag if applicable. In some cases it may be necessary to purchase language to accommodate the gift item and/or to check the language which contains the gift item. If this is the case, members must take precautionary methods to effectively secure gift items within their checked bag. Members are responsible for the cost of all items associated with bringing the requested gift.
4. CHANGES REQUESTED BY INSTRUCTOR: FITNESS VACATION EXCHANGE encourages INSTRUCTOR to be confident in selecting travel dates and locations. If INSTRUCTOR cannot travel or needs to change dates, INSTRUCTOR shall contact FITNESS VACATION EXCHANGE immediately so that another instructor can be located for the vacated session. INSTRUCTOR will incur a $150 change fee per week for any changes in resort or travel dates. INSTRUCTOR shall immediately notify FITNESS VACATION EXCHANGE when requesting alternate travel dates. INSTRUCTOR agrees that Exchange bookings are non-refundable; if canceling an Exchange, INSTRUCTOR forfeits the booking fee to FITNESS VACATION EXCHANGE.
5. RARE OCCURRENCES: There is a slight chance a resort may reach full capacity during a they are hosting an INSTRUCTOR. In this instance, the INSTRUCTOR may be moved off property to alternative accommodations. Transportation will be provided when needed and all resort activities and amenities will be available to the INSTRUCTOR and guest(s). If INSTRUCTOR is requested to move off property for one or more nights, this is non-negotiable and the INSTRUCTOR’S and guests cooperation is required.
6. INDEMNITY CLAUSE: INSTRUCTOR agrees to release, indemnify, defend and hold harmless FITNESS VACATION EXCHANGE, its respective officers, employees, proprietors, resort partners and representatives from and against any and all claims, demands, liabilities, suits or judgments arising out of or in any way relating to any aspect of any Exchange, including but not limited to property loss, injury, or death.
7. All information provided by instructor pertaining to their qualifications, experience, or professional specialties is sworn to be correct and current and it’s understood and agreed that Fitness Vacation Exchange and partners, vendors, agents, and representatives are relying upon the information submitted by user. Inaccurate information, intentional or not, may disqualify instructor from future use of the Fitness Vacation Exchange teaching exchange program.
8. CODE OF CONDUCT: FITNESS VACATION EXCHANGE fully expects INSTRUCTOR and guest(s) to conduct themselves in a professional manner at all times and especially when interacting with managers, staff, and guests of the resort. As ambassadors of FITNESS VACATION EXCHANGE any problems, discrepancies, or issues concerning fees, charges, accommodations, amenities, scheduling or otherwise must be directed to FITNESS VACATION EXCHANGE management and not resort management, staff and/or guests. Any issues such as missed classes, inappropriate behavior, unnecessary demands on staff or management that is brought to the attention of FITNESS VACATION EXCHANGE by the resort, will not be tolerated. INSTRUCTORS and guest(s) will be asked to leave or charged full price for the stay.* Failing to comply with the FITNESS VACATION EXCHANGE Terms and Conditions can result in being removed from the resort and/or billed at full resort retail cost for your stay as well as termination from using our program in the future.
9. EXPECTATIONS OF INSTRUCTOR
• Enthusiasm – Resorts expect smiling motivated professional instructors who always look forward to interacting with guests and providing fun, effective and safe programming.
• Punctuality – Arrive 20 minutes early to deal with sound system concerns and interact with resort guests prior to class. Stay at least 20 minutes if no one shows - class minimum is 1 student. Class times and locations are non negotiable.
• Performance – Keep in mind that your professional image, expertise, energy and teaching ability will be judged by resort management and guests.
• Appearance – Always wear your Vacation Exchange shirts to class. Dress professionally, preferably in fitness clothes, during class time or gym time.
• Conduct - Each person in your party should conduct themselves in a courteous and professional manner at all times, whether teaching, training, entertaining or during the leisure aspect of your EXCHANGE.
• Safety – Be aware of the abilities and limitations of resort guests. The sun, heat, humidity and dehydration from drinking and sunbathing can create problems if the intensity levels are too high.
• Resort Staff – Follow all directions given to you by resort staff.
• Resort Guests – Get to know resort guests; promote yourself and your classes.
• Tipping - Please follow rules at the resort, if any, in regards to tipping. Tipping is always appreciated, and the resort staff work very hard to ensure guests have a wonderful time.
10. TRIP ADVISOR REVIEW: Instructors and their guest are required to post a positive 5 star review on TripAdvisor within one (1) week of their return from their FITNESS VACATION EXCHANGE. And provide the associated link to FITNESS VACATION EXCHANGE upon completion.
11. SOCIAL MEDIA POSTING REQUIREMENT: Instructors are required to make daily posts on their personal Facebook page and Fitness Vacation Exchange Facebook Page showcasing photos and promoting their vacation exchange. Instructor must like the resort page and tag the resort in each other their posts.
12. TRAVEL GUIDELINES:
Filling out Airport Forms~ When traveling to the resorts it is important that all INSTRUCTORS designate “vacation” or “pleasure” on all customs declaration forms. (Designating “business” or “vacation/business” may result in immediate deportation to your place of origin.)
Passport ~ INSTRUCTOR and guest shall have valid passports. Pursuant to TSA requirements, INSTRUCTOR and guest passports shall not have an expiration date earlier than six months prior to the date they return from the Exchange. [A visa may be required for people coming from countries other than the U.S.]
Inclement Weather Policy ~ In the event that a flight is cancelled or a resort is closed due to weather at the time of your scheduled trip, INSTRUCTOR may rollover the booking fee for another date, to be used within a 365 day period, with no penalties attached.
Exchange Changes ~ A booked Exchange is subject to change of venue and cancellation. In the event of such an event, FITNESS VACATION EXCHANGE will attempt to place INSTRUCTOR in another Exchange. INSTRUCTOR agrees to hold harmless FITNESS VACATION EXCHANGE and their partners for changes or cancellations caused by weather conditions, civil unrest, closures, and acts of God.
Travel Insurance ~ FITNESS VACATION EXCHANGE highly recommends that INSTRUCTOR purchase travel insurance.
Transfers - It is the INSTRUCTOR’S responsibility to arrange transportation to and from the airport. If the situation does exist where transportation is provided by the partner resort, the INSTRUCTOR will be notified by email.
Lost Items - FITNESS VACATION EXCHANGE is not responsible for any lost items or currency, whether this be personal INSTRUCTOR items or currency, or their guest(s) items or currency, or gift items in any location within your travel. This includes airport, transfer, resort or any other location that an INSTRUCTOR would choose to visit while traveling and taking their EXCHANGE. All valuables should be kept in a secure location. FITNESS VACATION EXCHANGE is not liable for any lost or stolen items.
INSTRUCTORS must wait to receive a booking confirmation from the resort via FITNESS VACATION EXCHANGE before booking any flight(s) to the destination of their requested resort.
13. NO AGENCY OR OTHER RELATIONSHIP: Each party is an independently contracting party in an arm’s length transaction, and no agency, partnership, joint venture or other relationship is created by their entering into this Contract. FITNESS VACATION EXCHANGE has no responsibility or control over INSTRUCTOR’S business.
14. NON-COMPETE: Throughout the duration of this agreement INSTRUCTOR shall not, in any manner, represent, provide services or engage in any aspects of business that would be deemed similar in nature to the business of FITNESS VACATION EXCHANGE, without the written consent FITNESS VACATION EXCHANGE. The INSTRUCTOR warrants and guarantees that throughout the duration of this agreement and for a period not to exceed 3 years following the culmination, completion or termination of this agreement, that s/he shall not directly or indirectly engage in any business that would be
considered similar in nature to FITNESS VACATION EXCHANGE, its subsidiaries, and any current or former clients and/or customers. Nor shall INSTRUCTOR solicit any client, resort, staff or employee for the benefit of himself/herself or a third party that is or may be engaged in a similar business.
FITNESS VACATION EXCHANGE INSTRUCTORS must agree and adhere to all terms and conditions as detailed above.
16. CONTRACT JURISDICTION, CHOICE OF LAW, and VENUE: The provisions of this Contract shall be governed by the laws of the State of California, United States of America.