Dear
Consultancy agreement
We are writing to confirm the terms of our agreement concerning the provision of your consultancy services to We Are Fit Attitude Limited (Client)
Term
You shall provide your services to the Client from unless and until this agreement is terminated by either party giving to the other not less than 4 weeks’ prior written notice or as otherwise provided in this letter.
Duties
You shall use your best endeavours to promote the interests of the Client and, unless prevented by ill health or accident, devote at least 1 hour in each week to carry out the following services for the Client:
Act as Group Training Fitness Instructor, taking training sessions for the Client’s members who have entered into an agreement with the Client for the Client to provide training sessions to that individual (“Members”), including carrying out the tasks set out in Appendix 1.
(Services).
If you are unable to provide the Services due to illness or injury you shall notify Anna Jenkins as soon as reasonably practicable and if possible at least 48 hours before the relevant class, so that, if you are unable to provide a substitute as provided for under clause 2.4, the Client has time to arrange a substitute.
With our prior written approval, you may appoint a suitably qualified substitute to perform the Services on your behalf, provided that the substitute shall be required to enter into direct undertakings with the Client, including with regard to confidentiality. We will continue to pay you your fee as provided in clause 3.1 below and you shall be responsible for the remuneration of (and any expenses incurred by) the substitute. You will not be paid for any period during which neither you nor any substitute provides the Services. For the avoidance of doubt, you will continue to be subject to all duties and obligations under this agreement for the duration of the appointment of the substitute.
If a Substitute is appointed, the provisions relating to sub-processor obligations under clause 6 will apply.
You shall ensure that you are available at all times on reasonable notice to provide such assistance or information as the Client may require.
You must not make or publish, or allow or permit any other party to make or publish, any untrue or derogatory remarks about the Client or its training programmes, or its officers, directors or employees, or its members or attendees, in any forum or format including on social media, whether on the Client’s social media profiles or otherwise.
You have no authority (and shall not hold yourself out as having authority) to bind the Client, unless we have specifically permitted this in writing in advance.
You must comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this agreement.
You must not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. You must comply with our anti-corruption and bribery policy. Failure to do so may result in the immediate termination of this agreement.
Fees and expenses
The Client will pay you a fee of £30 per hour-long in-person class or £25 per hour-long online class, inclusive of VAT. You shall submit invoices to the Client on a monthly basis setting out the hours that you have worked for the Client during the preceding month and any VAT payable (if applicable). The Client will pay such invoices in accordance with its usual payment terms.
The Client shall reimburse those expenses agreed in advance as necessary for the proper performance of the Services within 30 days of receipt of your invoice and all relevant receipts.
We are entitled to deduct from any sums payable to you any sums that you may owe the Client at any time.
Other activities
You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with the Client, provided that you notify Anna Jenkins of the name and address of such other business, trade, profession or other activity. However, you may not be involved in any capacity with a business which does or could compete with the business of the Client without the prior written consent of Anna Jenkins, provided that such consent will not be unreasonably withheld or delayed.
Confidential information and Client property
You shall not use or disclose to any person either during or at any time after your engagement by the Client any confidential information about the business or affairs of the Client or any of its business contacts including in particular its Members, directors, officers, employees, or about any other confidential matters which may come to your knowledge in the course of providing the Services. For the purposes of this clause 5, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Client or any of its business contacts, including in particular its members.
The restriction in clause 5.1 does not apply to:
any use or disclosure authorised by the Client or as required by law; or
any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
All Members lists, attendee lists, documents, manuals, hardware and software provided for your use by the Client, and any data or documents (including copies) produced, maintained or stored on the Client's computer systems or other electronic equipment or on your mobile phone or other devices belonging to you, remain the property of the Client. All such data must be deleted from your devices upon termination of this agreement.
Data protection
The Client will collect and process information relating to you in accordance with the privacy notice which is annexed to this Agreement.
For the purposes of this clause, Data Protection Legislation includes the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation including the Data Protection Act 2018 (DPA 2018) relating to data protection and privacy, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and Data Protection Act 1998.
You and the Client acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and you are the data processor.
The schedule to this agreement sets out the scope, nature and purpose of the processing by you, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation (Personal Data)) and categories of data subject.
You shall, in relation to any Personal Data processed:
Process that Personal Data only on written instructions of the Client
Keep the Personal Data confidential
Comply with the Client's reasonable instructions with respect to processing Personal Data and with the Client's privacy standard, data protection policy, data retention guidelines.
Assist the Client in responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators.
Notify the Client without undue delay on becoming aware of a Personal Data breach or communication which relates to your or the Client's compliance with the Data Protection Legislation
At the written request of the Client, delete or return Personal Data and any copies thereof to the Client on termination of this agreement unless required by the Data Protection Legislation to store the Personal Data.
Maintain complete and accurate records and information to demonstrate compliance with this clause 6.
You shall ensure that you have in place appropriate technical or organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures. Such measures may include, where appropriate:
pseudonymising and encrypting Personal Data
ensuring confidentiality, integrity, availability and resilience of its systems and services
ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident
regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it.
The Client agrees that any substitute appointed under clause 2.3 is a third-party processor of Personal Data under this agreement. You confirm that you will enter into a written agreement, which incorporates terms which are substantially similar to those set out in this clause 6, with any such substitute. You shall remain fully liable for all acts or omissions of any third-party processor appointed by you pursuant to this clause 6.
You shall have personal liability for and shall indemnify the Client and for any loss, liability, costs (including legal costs), damages, or expenses resulting from any breach by you or a substitute engaged by you of the Data Protection Legislation, and shall maintain in force full and comprehensive insurance policies to cover such liability.
Intellectual property
You hereby assign to the Client all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Services for the Client. You agree promptly to execute all documents and do all acts as may, in the opinion of the Client, be necessary to give effect to this clause 7.
You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in any existing or future works.
Insurance and liability
You shall have personal liability for and shall indemnify the Client for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services and shall maintain in force during the period of this agreement adequate insurance cover with reputable insurers acceptable to the Client, including appropriate public liability insurance.
Termination
The Client may at any time terminate your engagement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:
you are in material breach of any of your obligations under this agreement; or
other than as a result of illness or accident, after notice in writing, you wilfully neglect to provide or fail to remedy any default in providing the Services.
Any delay by the Client in exercising its rights to terminate shall not constitute a waiver of those rights.
Obligations on termination
Any Client property in your possession and any original or copy documents obtained by you in the course of providing the Services shall be returned to Anna Jenkins at any time on request and in any event on or before the termination of this agreement. Subject to the Client's data retention guidelines, you also undertake to irretrievably delete any information relating to the business of the Client stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside the premises of the Client. This obligation includes requiring any substitute to delete such data where applicable.
Status
You will be an independent contractor and nothing in this agreement shall render you an employee, worker, agent or partner of the Client and you shall not hold yourself out as such.
You shall be fully responsible for and indemnify the Client against any liability, assessment or claim for:
taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against the Client arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Client.
The Client may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
Variation
This agreement may only be varied by a document signed by both you and the Client.
Third party rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than you and the Client shall have any rights under it. The terms of this agreement or any of them may be varied, amended or modified or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this agreement may be rescinded (in each case), without the consent of any third party.
Governing law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
SCHEDULE
Processing by the consultant
Scope
This notice applies to processing of data relating to members of the Client by the consultant on behalf of the Client.
Nature
Personal contact details, such as name, title, addresses, telephone numbers and personal email addresses;
Date of birth
Gender
Dependants
Next of kin and emergency contact information
Information about health, including any medical condition
Purpose of processing
To allow the Client to perform its contract with its members and enable the Client to comply with its legal obligations to its members.
To enable the Client to comply with its health and safety obligations to its members.
duration of the processing
Processing will continue for the duration of this agreement.
Types of personal data
dependants
Categories of Data Subject
Members of the Client
Attendees of classes
Please acknowledge receipt of this contract and acceptance of its terms by signing, dating the box below.
Yours sincerely,
Anna Jenkins
For and on behalf of
We Are Fit Attitude
I hereby acknowledge receipt and accept the contents of this letter.
Signed
Name
Date
Please continue reading as you are required to supply another signautre at the end of this contract, before you are able to send.
Appendix 1
Services
Arrive in ample time to set-up your session, ensuring the class starts and finishes at the advertised time
Collect registers at the start of each training session
Respect set class numbers and report any issues to Anna Jenkins
Support with set-up and set-down of equipment required for each class
Ensure that you ask for the injury history and health of each attendee prior to commencing each class
Check all required equipment before use and ensure it is returned safely
Report any issues with the equipment to Anna Jenkins
Keep the Client up to date with your availability, and where possible be available to cover classes if given notice
Supply the Client with copies of your Public Liability Insurance and relevant qualification certificates, ensuring all of these are kept up to date
Ensure that you keep up to date with CPD, music releases and licenses in relation to your qualification which will be purchased by yourself
Submit pay claims or invoices monthly to the Client, noting any cancellations
Wear appropriate clothing to teach your class.
Appendix 2
WAFA's Privacy Notice for Employees, Workers and Contractors
What is the purpose of this document?
We Are Fit Attitude Limited is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all employees, workers and contractors.
We Are Fit Attitude Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.
It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health and sexual orientation. Information about criminal convictions also warrants this higher level of protection.
We will collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
Gender.
Next of kin and emergency contact information.
National Insurance number.
Bank account details, payroll records and tax status information.
Start date and, if different, the date of your continuous employment.
Leaving date and your reason for leaving.
Location of employment or workplace.
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
Compensation history.
Performance information.
Disciplinary and grievance information.
Information about your use of our information and communications systems.
Photographs and videos.
Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.
We may also collect, store and use the following more sensitive types of personal information:
Information about your health, including any medical condition, health and sickness records, including:
details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
How is your personal information collected?
We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else's interests).
2. Where it is needed in the public interest [or for official purposes].
Situations in which we will use your personal information
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
Making a decision about your recruitment or appointment.
Determining the terms on which you work for us.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
Administering the contract we have entered into with you.
Business management and planning, including accounting and auditing.
Conducting performance reviews, managing performance and determining performance requirements.
Making decisions about salary reviews and compensation.
Assessing qualifications for a particular job or task, including decisions about promotions.
Gathering evidence for possible grievance or disciplinary hearings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.
Equal opportunities monitoring.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we use particularly sensitive personal information
"Special categories" of particularly sensitive personal information, such as information about your health, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
Situations in which we will use your sensitive personal information
In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.
We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance. We need to process this information to exercise rights and perform obligations in connection with your employment.
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
We do not envisage that we will hold information about criminal convictions.
Automated decision-making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Data sharing
We may have to share your data with third parties, including third-party service providers.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: IT services.
How secure is my information with third-party service providers?
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC.
Data security
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Anna Jenkins.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data retention
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Anna Jenkins in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Anna Jenkins. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Data protection officer
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at anna@wearefitattitude.com. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact Anna Jenkins at anna@wearefitattitude.com.
I, —Please choose an option—employeeworkercontractor, acknowledge that on , I received a copy of We Are Fit Attitude Limited's privacy notice for employees, workers and contractors and that I have read and understood it.
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