Personal Training Rental Agreement

This Agreement (the “Agreement”), made as of the date the Skedda account is created, is by and between the organization or individual named in the Skedda account (the “Renter”). Flagship and Renter shall each be referred to as a Party and collectively as the “Parties.”

In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

  1. Space Rental. Renter hereby agrees to use the application and/or website Skedda (skedda.com) (herein, “Skedda”) for all rentals as permitted herein. Flagship hereby grants to Renter a limited and revocable license (the “License”) to use the portion of the facility as designated by Flagship (the “Space”) for the purpose as provided by Renter (the “Purpose”) through Skedda. The License permits Renter to use the Space only on the dates requested through Skedda, during the hours available through Skedda, and only for the Purpose.

  2. Rental Dates. The rental dates shall be those requested through Skedda (the “Rental Date(s)”), during the time period requested through Skedda (“Rental Time(s)”). Renter shall not have access to the Space at any time other than during Rental Times on the Rental Dates unless Renter receives prior written permission from Flagship.

  3. Fees. Renter shall pay to Flagship the rental fee as stated in Skedda (the “Rental Fee”) for the use of the Space. Any refunds of the Rental Fee shall be as permitted through the use of Skedda.

  4. Cancellations. Renter shall be permitted to any cancellations or rescheduling as permitted through Skedda.

  5. Condition of Premises. The Space shall be provided as-is, and Flagship makes no warranty to Renter regarding the suitability of the Space for Renter’s intended use. Renter shall leave the Space in the same or similar condition as when Renter entered. Renter shall be responsible for any damage caused to the Space beyond ordinary wear and tear and shall be required to arrange for the repair of any such damage. In the event that Renter does not satisfactorily arrange for such repair, Flagship shall be entitled to charge Renter for any necessary repairs at Renter’s expense. Renter shall reimburse Flagship for such repairs within 30 days of receipt of Flagship’s written request for reimbursement, which request shall be accompanied by written verification of the amount of expenses incurred.

  6. Right of Entry. Flagship shall have the right to enter the Space at any time for any purpose, including any emergency that may threaten damage to Flagship’s property, or injury to any person in or near the Space.

  7. Indemnification. Renter hereby indemnifies and holds harmless Flagship, building Flagship, its employees, officers, managers, members, agents, and directors for any damages, actions, suits, claims, claims or other costs (including reasonable attorney’s fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by Renter’s use of the Space or other portions of the facility, or omissions on the part of Renter, its employees, guests, officers, directors, independent contractors, or other agents. Renter shall notify Flagship of any damage or injury of which it has knowledge in, to, or near the Space, regardless of the cause of such damage or injury.

  8. Permitted Use. Renter is authorized pursuant to the License to use the space solely for the Purpose, and for no other purpose, unless Flagship provides Renter with written authorization for additional permitted uses. Renter may not use the Space in any manner that may render the insurance for the Space or upon any of Flagship's property void, or which may result in increased insurance premiums for Flagship with respect to the Space or any other of Flagship’s property. Renter shall not be permitted to use any other portions of the facility outside of the Space.

  9. Capacity. Renter shall not exceed the capacity limit for the Space at any time.

  10. Deliveries. All deliveries must be approved by a Flagship representative prior to the Rental Date. Flagship reserves the right to refuse any delivery items that might prove detrimental to its facilities, employees, guests, or otherwise.

  11. External Items. All external items or equipment, and personal items of the Renter or its guests should be removed by the end of the Rental Time. Any exceptions to this rule must be approved in writing by Flagship.

  12. Invitations and Printed Materials. Use of the Flagship logo and/or any image reproduced of the Flagship facilities is expressly prohibited unless prior written approval for use and reproduction has been obtained from Flagship. The content of printed materials relating to the rental, including any promotional materials, must be submitted to Flagship for review and approval before being printed.

  13. Utilities. Electrical power and outlets at Flagship are limited. Special electrical requirements must be arranged in advance and may incur an additional charge.

  14. Insurance.  Renter shall, as a condition of this Agreement and during the performance hereof, keep in full force and effect a general liability insurance policy of comprehensive general liability insurance, and which the limits of liability shall be not less than $1,000,000.00 combined single limit for bodily injury and property damage. The policy shall name “Flagship Training, LLC” as additional insured. A certificate of insurance shall be deposited with Flagship prior to the first Event Date via email to team@trainflagship.com.

  15. Rules & Regulations.  Renter shall, and require its guests to, adhere to the Flagship rules and regulations of the facility attached hereto as Attachment A.

  16. Compliance with Laws. Renter shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Space according to its Purpose in a lawful manner. Renter shall not use the Space in any manner that would violate local, state, or federal laws or regulations. Renter hereby indemnifies Flagship, its employees, officers, directors, managers, members, or other agents for any damages, penalties, fines, suits, actions, or other costs (including reasonable attorney’s fees) arising out of or in connection with Renter’s violation of any local, state, or federal law, rule, regulation or ordinance related to Renter’s use of the Space.

  17. Force Majeure. Flagship shall not be deemed in breach of this Agreement if Flagship is unable to fulfill its obligations or any portion thereof by reason of fire, earthquake, flood, hurricane, pandemic, epidemic, or other severe weather or occurrence, labor dispute, act of war, terrorism, riot or other severe civil disturbance, death, illness or incapacity of Flagship’s agents or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Flagship’s control (collectively, “Force Majeure Event”). In the event of a Force Majeure Event preventing Flagship from providing the Space to Renter upon the Rental Date, Renter shall have the option of choosing an alternate date for the applicable Rental Date (the “Alternate Rental Date”), at no extra charge to Renter. If Renter selects an Alternate Rental Date that is reasonably acceptable to Flagship, then the Alternate Rental Date shall replace the Rental Date for the purposes of this Agreement and all obligations, rights, duties and privileges as set forth in this Agreement shall remain binding on the Parties. If Renter and Flagship cannot agree upon an Alternate Rental Date within 30 days of the original Rental Date, then Flagship shall refund to Renter the full amount of the Rental Fee (including the full Deposit). In neither case shall Flagship be liable for any additional costs or damages suffered by Renter (over and above the Rental Fee) arising out of a rescheduling or cancellation of the Event pursuant to this Section.

  18. Revocation. Flagship shall have the right to revoke the License at any time, with or without cause, prior to the Rental Date, provided it gives Renter prior written notice of revocation. In the event that Flagship revokes the License prior to the Rental Date, Flagship shall refund to Renter the full amount paid by Renter in connection with this Agreement.

  19. Assignment. Neither Party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other Party. Except that if the assignment or transfer is pursuant to a sale of all or substantially all of a Party’s assets or is pursuant to a sale of a Party’s business, then no consent shall be required. In the event that an assignment or transfer is made pursuant to either a sale of all or substantially all of the Party’s assets or pursuant to a sale of the business, then written notice must be given of such transfer within 10 days of such assignment or transfer.

  20. Governing Law. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the state of California without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by good faith negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover all reasonable attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of California. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.

  21. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

  22. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

  23. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, delivered by overnight delivery service, or emailed, addressed as follows:

    • If to Renter: As provided in Skedda

    • If to Flagship: Flagship Training, LLC

      250 Montgomery Street, Suite 1250
      San Francisco, CA 94104
      team@trainflagship.com

  24. Headings. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

  25. Entire Agreement. This Agreement constitutes the entire agreement between Renter and Flagship and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

ATTACHMENT A
Flagship Rules & Regulations

1) Anyone you train at Flagship MUST fill out Flagship's waiver (if they are a member or have come to a class before, then they have already done it). It is YOUR responsibility to make sure this is done. This can be done on a computer/iPad at each gym, or you can have them fill it out ahead of time by going here, or by using this QR Code: 

2) We expect you to follow all of Flagship's policies while at our gyms. Please visit this page to familiarize yourself, particularly our policies around pets and dropping weights that are slightly different per gym. 

3) ANY equipment used should be cleaned of any chalk or bodily fluids (chalk on barbells should be brushed first then wiped), and returned where it is normally stored. Please leave the gym at LEAST in the same state as when you arrived.

4) While space in the gym is reserved with your reservation, gear may be used on a first-come-first-served basis. Some specialty items are only available in limited quantity. Please be accommodating with anyone who might also want to use it, and share when possible. This includes the gym clocks - be prepared to use your phone or other method to track time.

5) For any PT taking place during class times, classes ALWAYS have priority to gear. 

6) If you are the only coach/staff present at the gym, we expect you to open the doors for deliveries. For walk-ins, we ask that you let them know the gym is closed at that time, but direct them to the website and/or to email team@trainflagship.com. It can be a very brief interaction, as we know this time takes away from your client. But visitors should not be ignored.

7) If you book a session past normal gym hours, it is your responsibility to verify closing procedures are completed before you leave. If you do not know these procedures, it is YOUR responsibility to become familiar with them before your session (email team@trainflagship.com for more info).

8) ALL personal training sessions MUST be booked through Skedda. Failure to do so may result in cancellation of access to do PT at Flagship:

  • First violation is a warning.

  • Second violation is a 30 day suspension of rental privileges.

  • Third violation means losing rental ability.