Personal Trainer Contract Template For NZ Gyms

Mia runs a boutique gym in Wellington. One of her busiest personal trainers brings in great clients, uses the gym's equipment, posts under the gym's brand, and gets paid per session. Everything feels friendly, until the trainer leaves and messages half the client list offering cheaper sessions at a different studio.

That kind of situation is exactly why a personal trainer contract needs to be more specific than a generic contractor agreement. In a fitness business, the key issues are usually client ownership, fees, insurance, contractor status, facility rules and what happens when the relationship ends.

This doesn't have to be complicated. A clear agreement can protect your gym, give your trainers certainty, and reduce awkward conversations later.

Do You Need A Personal Trainer Contract For Your Gym?

Yes, you should have a written personal trainer contract if a trainer uses your facility, equipment, systems, brand or client list.

A handshake arrangement might feel easier at the start, especially if you know the trainer personally. But without a written agreement, you may struggle to show what was agreed about payment, cancellations, client ownership, insurance or post termination restrictions.

For gyms and fitness studios, a personal trainer agreement usually covers the relationship between your business and the trainer. It's different from a client training agreement, which covers the relationship between the trainer or gym and the member receiving the sessions.

You may need this type of agreement if you engage:

• personal trainers who run one to one sessions from your gym
• fitness instructors who teach classes under your brand
• contractors who pay facility access fees or pay a percentage of their session fees
• trainers who access your booking system, member database or app
• specialist instructors, such as Pilates, boxing, yoga or strength coaches

A good contractor agreement for a gym also helps separate your business rules from the trainer's own business operations. For example, you can require the trainer to follow your health and safety policies while still making it clear they're responsible for their own tax, invoicing and professional standards.

This article covers contractor service and facility access terms, not leases or licences of premises.

Can A Personal Trainer Be A Contractor In New Zealand?

Yes, a personal trainer can be a contractor in New Zealand, but the arrangement needs to match how the relationship works in practice.

Calling someone a contractor in your agreement doesn't automatically make them one. Under the Employment Relations Act 2000, the real nature of the relationship matters. If you control the trainer's hours, require them to wear your uniform, stop them working elsewhere, and manage them like staff, there's a risk they could be treated as an employee.

The Employment Relations Amendment Act 2026 introduced a contractor gateway test. In broad terms, this gives businesses more certainty where the arrangement meets specific criteria, including that:

• there's a written contractor agreement saying the worker is an independent contractor
• the trainer had a reasonable opportunity to seek independent advice before entering into the arrangement
• the worker isn't restricted from working for other businesses, including competitors
• the worker isn't required to be available at set times or for minimum hours, unless they can subcontract the work under a clear subcontractor agreement
• the business won't end the contract just because the worker doesn't accept extra tasks or engagements

All of the gateway criteria need to be met before the worker is a specified contractor under the test. If they're met, the worker generally can't challenge their status as an employee. If they aren't met, the usual employee versus contractor assessment can still apply.

For a gym, this means your contract should be realistic. If you want a trainer to be a contractor, think carefully before requiring things like fixed rosters, an exclusivity clause, mandatory team meetings, approvals for every client interaction, or a long list of staff style duties.

If the trainer is actually an employee, you'll need an employment agreement and you'll need to meet employer obligations under laws such as the Holidays Act 2003. That can include annual holidays, public holidays, sick leave and other minimum entitlements.

Who Owns The Clients And Leads?

It depends on where the client relationship came from, so your contract should spell this out clearly.

Client ownership is one of the biggest pressure points in fitness businesses. Your gym may generate leads through advertising, walk ins, social media, referrals, your booking platform or your membership base. A trainer may also bring in their own existing clients.

Your agreement can draw a clear line between:

• gym clients: members, leads or prospects introduced through your gym, systems, marketing or staff
• trainer clients: clients the trainer already had before the contract started, or clients they bring in independently
• shared clients: clients who train with the contractor but remain members of your gym

For example, say FitBlock Gym introduces a member to Sam, a contractor trainer. The member books 10 sessions through FitBlock's app and pays through the gym. Your contract could say that member is a gym client, even though Sam delivers the sessions.

Client lists are also personal information under the Privacy Act 2020. That means you need to handle names, contact details, health notes, goals, injuries and booking history carefully. Your agreement should limit how trainers can access, use, store and copy client information.

A practical clause might say the trainer can only use client information to deliver approved training services during the contract, and must return or delete gym client information when the relationship ends. If the trainer collects sensitive health information, your privacy processes should also explain why it's collected and how it's protected.

What Should A Personal Trainer Contract Template Include?

A personal trainer contract template should include the practical rules of the arrangement, but it should be tailored before you use it.

Free templates can be a useful starting point, but they often miss the gym specific details that matter most. A lawyer or legal professional should tailor the document to your business model, especially if you have multiple trainers, a member database, branded programming, or a mix of employees and contractors.

Fill In Outline For A Gym Personal Trainer Agreement

1. Parties: write the legal name and NZBN of your gym company, plus the trainer's legal name or business details.
2. Contractor Status: state that the trainer is engaged as an independent contractor, then make sure the working arrangement supports that position.
3. Services: describe the sessions, classes, assessments, programming or other services the trainer can provide.
4. Facility Access: set out when the trainer can use the gym, which areas they can access, and any limits on equipment use.
5. Fees And Payment: explain whether the trainer pays a facility access fee, receives a percentage, invoices you, or is paid per session.
6. Cancellations And No Shows: state what happens if a client cancels, the trainer cancels, or a session is missed.
7. Client Ownership: define gym clients, trainer clients and shared clients, including what happens when the contract ends.
8. Privacy And Confidentiality: protect member details, health information, pricing, programs, systems and commercial information.
9. Insurance: list the insurance the trainer must hold and when they must give you proof of cover.
10. Health And Safety: require the trainer to follow your facility rules, incident reporting process and safety policies.
11. Brand And Marketing: control how the trainer can use your name, logo, social media tags, photos and testimonials.
12. Non Solicitation: limit the trainer from approaching gym clients or staff for a reasonable period after the contract ends.
13. Termination: set out notice periods, immediate termination rights and what must be returned on exit.

This outline isn't a finished legal document. The details need to match how your gym actually operates.

How Should Fees, Cancellations And Insurance Work?

Your fee structure should match the commercial deal, and it should be clear enough that both sides can check the numbers without arguing.

Gyms usually use one of a few models:

• facility access fee model: the trainer pays your gym a fixed weekly or monthly fee for access to agreed facilities, equipment and systems
• commission model: your gym keeps a percentage of session fees and pays the balance to the trainer
• per session model: you pay the trainer a set amount for each session or class delivered
• hybrid model: the trainer pays a facility access fee plus a smaller commission or admin fee

If GST applies, say whether amounts are GST inclusive or GST exclusive. In New Zealand, GST registration is generally required once taxable supplies exceed $60,000 in a 12 month period. Your accountant can help you check how GST and invoicing should work for your arrangement.

Worked Example

Imagine your gym charges clients $35 per personal training session. Under your contract, the gym keeps a 25% facility fee and pays the trainer fortnightly.

If the trainer delivers 12 sessions in a fortnight, the total session revenue is $420. The gym's 25% fee is $105, and the trainer receives $315, plus GST if the trainer is GST registered and the agreement says GST is added.

Your contract could also say clients must give 24 hours' notice to cancel. If a client cancels 3 hours before the session, the session is charged and the trainer is paid as if the session went ahead. If the trainer cancels without an approved reason, no fee is payable and the trainer may need to offer a make up session.

Insurance should be just as clear. Depending on the role, you may require public liability insurance, professional indemnity insurance, and any cover needed for specialist services. ACC covers many personal injury claims in New Zealand, but it doesn't replace good insurance, safe systems or clear responsibility for damage, negligence or misconduct.

What Facility Rules And Non Solicitation Clauses Do You Need?

You need facility rules that protect your members, equipment and brand, plus reasonable non solicitation clauses that protect your client relationships.

Under the Health and Safety at Work Act 2015, your gym needs to manage health and safety risks so far as reasonably practicable. Contractors also have health and safety duties. Your contract should support your safety system rather than sit separately from it.

Useful facility rules can cover:

• sign in and access requirements
• cleaning and resetting equipment after sessions
• maximum class sizes or trainer to client ratios
• first aid, injury reporting and incident records
• rules for filming, photography and social media content
• use of music, microphones, storage areas and specialist equipment
• minimum qualifications, registrations or certifications for particular services
• conduct standards when dealing with members, staff and other trainers

Non solicitation clauses are different from a total ban on competition. A non solicitation clause usually says the trainer can't actively approach your gym's clients, members, prospects or staff for a set period after the contract ends.

In New Zealand, restraints of trade need to protect a legitimate business interest and be reasonable. A clause that stops a trainer from working anywhere in the fitness industry for years is much more likely to be challenged than a targeted clause protecting gym clients the trainer met through your business.

For example, your contract might say that for 6 months after the contract ends, the trainer can't solicit clients who were introduced through the gym or who trained with them at the gym during the final 12 months of the arrangement. Whether that's reasonable will depend on your specific business, the trainer's role and how broad the clause is.

You should also deal with what happens on exit. The trainer should return access cards, stop using your booking system, remove unauthorised brand references, and return or delete gym client information.

Key Takeaways

• A personal trainer contract for a NZ gym should be more specific than a generic contractor agreement.
• Contractor status needs to match the real working relationship, and all gateway criteria need to be met before a worker is a specified contractor under the 2026 test.
• Your agreement should clearly separate gym clients, trainer clients and shared clients.
• Fees, GST treatment, cancellations and no shows should be easy to calculate from the contract.
• Insurance, health and safety rules, privacy obligations and facility access rules are core parts of the deal.
• Non solicitation clauses should be targeted, reasonable and focused on protecting your gym's legitimate client relationships.

If you'd like help with your personal trainer contracts, gym contractor arrangements, client ownership clauses or privacy and facility rules, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.