C0031
1 Information on the contractor
Please complete your personal details.
As an independent fitness trainer, you are the contractor in our relationship.
2. Information on the client
BEAT81 completes this information as the client.
Please leave these fields empty.
3 Description of the contractual relationship
3.1 Please indicate which professional activity is carried out by the contractor and describe in detail under point 10 the content of the activity and the tasks, as well as the way in which they are carried out (indicating the weighting for different activities). In particular, explain the specific work processes (activities, work steps, actions, use of an app, cooperation with other employees and similar):
The term "professional activity of the contractor" here refers to your activity for BEAT81 and how it is described in our relationship. You work as an independent fitness trainer for BEAT81 (please refer to your framework agreement).
Under point 10, you are asked to describe your work for BEAT81 in more detail. How do you work with BEAT81? What are your tasks? How do you choose your classes? When and where do you work?
3.2 Did you work as an employee for the same client before your freelance activity in assessment?
BEAT81 is your client and the "activity to be assessed" is your freelance coaching for BEAT81. Here you will be asked whether you worked for BEAT81 as an employee before you started freelance coaching. The question should be answered with "yes" if you had an employment contract with BEAT81 in the past and we have paid taxes and social security contributions for you accordingly. Please tick the checkbox accordingly.
If you check "yes", you are then asked what the differences are between the two jobs. For example: did you work as a studio manager for BEAT81 in the past and are you now working as a freelance coach for BEAT81?
4 Information on working hours and location
4.1 Please state which specifications or contractual agreements exist regarding the scope and location of working hours.
This question refers to whether Beat81 sets guidelines for your working hours. According to your framework agreement with BEAT81, as a freelance coach you have the freedom to choose and conduct your courses. There are no specifications or contractual agreements such as fixed working hours or a specific location where you have to work. In accordance with your framework agreement, you are free to decide when (at what time), where (in which studios or outdoor locations) and how often you work for BEAT81.
4.2 Is the contractor obliged to report absences (e.g. illnesses)?
Here you are asked whether you must inform BEAT81 if you are unable to give a class. Since you can make use of the cover feature and should look for a replacement on your own, you are not obliged to inform BEAT81 about absences.
4.3 What obligations exist with regard to the coordination of vacation periods?
This question relates to your vacation. As a freelance coach, you have full flexibility to determine your own vacation days. You have control over your time off. There are no specific rules for your vacation times (when/how often etc.).
4.4 If the contractor is prevented from performing the order (accepted offer), will it be performed by employees of the client?
order execution = the freelance coach (contractor) gives a class (order) for BEAT81 (client)
If you are unable to give a class you have agreed to and you cannot find a cover, BEAT81 will cancel the class. BEAT81 will not send its own employees as substitutes for your class.
4.5 Does the client determine the place of work (e.g. also within the framework of home office regulations) or does this result from work organizational reasons of the client (e.g. mandatory use of company infrastructure, on-site appointments at the client's headquarters)?
This question refers to whether BEAT81 determines the location where you give your class.
This is not the case. You are free to choose where you give your classes.
5 Information on order execution
5.1 What substantive specifications are made by the client regarding the manner in which the order is to be carried out (e.g. through work instructions, specific agreements, task instructions, work procedures / operating procedures / administrative procedures to be observed, rules of conduct, guidelines, teaching plan, route plan, treatment plan / care plan, processing of address lists, specification of a billing system)?
The DRV would like to know whether BEAT81 specifies the content of the classes and whether BEAT81 determines exactly how you carry out your class.
There are no regulations that prevent you from offering and running your class independently. You are free to choose your exercise units and decide how the class is structured. You alone determine the course schedule.
5.2 Can tasks and work be changed or specified unilaterally by the client in the existing contractual relationship?
The question refers to whether BEAT81 can assign you certain tasks. This is not the case, BEAT81 cannot unilaterally introduce new tasks for you as a freelance coach without your consent. For such changes, it is necessary that we make a written amendment to our framework agreement and you must agree to this amendment.
5.3 Please indicate whether the Contractor is obliged to perform the work in person.
According to our framework agreement, you are not obliged to give the class in person. If you have your own employees, for example, they can also give the class.
5.4 Is there a regular acceptance and/or control of the work results (e.g. through quality controls, obligation to provide regular performance records and time sheets, interim reports and similar)?
Here you are asked whether your activity is controlled by BEAT81.
You are free to decide how you run the class and which exercises you offer. BEAT81 does not check the results of your work after the course.
6 Information on integration into the company
6.1 Does the client have any dependent employees who carry out the same type of work as the contractor?
Dependent employees = employees of BEAT81
At BEAT81 there are no employees who have an identical job in terms of content.
6.2 Is preliminary work carried out by employees of the client?
Preparatory work by employees = activities of BEAT81 employees that enable you to carry out your work (course management)
You are not dependent on the preparatory work of BEAT81's employees to carry out the courses.
6.3 Is your work only possible in cooperation with employees of the client or its customers (for example, as part of a project and / or only in a team, or in the form of agile working methods)?
Here the DRV would like to know whether you can run your class for BEAT81 on your own or whether there are other BEAT81 employees who can help you. For example, do you work in a team at BEAT81 with whom you deliver the class or is it up to you to deliver the class independently and on your own? As a freelance coach, you have the opportunity and the advantage of actively contributing to filling your course with participants. You do not have to coordinate with BEAT81 and you do not work in a team with BEAT81 employees.
6.4 Is there authority to issue instructions to the client's employees?
Authority to issue instructions = in a professional situation, it means that a person has the right to issue instructions to another person (in particular regarding the time, place and manner of work performance).
In our contractual relationship, BEAT81 does not give you any instructions and, conversely, you cannot give instructions to BEAT81 employees (e.g. front of house staff). As a Freelance Coach, you decide when, where and how often you work for BEAT81. You are responsible for your work as a Freelance Coach not only for BEAT81, but also for other companies you may work with.
6.5 Does the contractor take part in company meetings of the client or its customers?
You do not take part in any meetings (= company meetings) with BEAT81 or our customers. And we will not ask you to do so.
6.6 Does the contractor participate in training measures of the client or on behalf of the client or its customers?
Training measures = e.g. educational courses, training sessions
BEAT81 has confidence in your fitness skills. We do not train you as a fitness instructor. Nor do we offer any further development training. It's up to you to decide which career path you take and how to grow professionally.
6.7 Does the contractor appear to third parties as an employee of the client (e.g. by wearing company clothing, using a company logo of the client or its customers)?
The question here is whether you are acting as an employee of BEATt81 (i.e. not as a self-employed person) vis-à-vis others.
As a freelance coach, you are not obliged to wear our training clothing. We are always happy if you choose to do so. It shows us that you are proud to work together with BEAT81.
6.8 Have measures for work organization been taken by the client (e.g. hygiene protection, occupational safety, accident prevention, etc.)?
The DRV would like to know whether and which measures has BEAT81 taken to ensure that coaching in the studios is safe and efficient. As safety is our top priority, every coach must provide a proof of a valid liability insurance and a valid First Aid Certificate. BEAT81 also adheres to a strict internal hygiene and safety concept.
7 Information on the use of company's operational infrastructure
Use of company's operational infrastructure = refers to the use of company facilities and/or resources for performing your work. This can include, for example, office buildings, computers or printers.
You use in general our studios, and if necessary, our equipment (spinning bikes, weights, etc.), but you can also use your own equipment at any time.
7.1 Where is the activity mainly carried out?
Here you must specify where your classes take place and who manages these premises. The classes take place either in the studios rented by BEAT81 or outside (e.g. in parks). The studios (premises) are managed by BEAT81. As a freelance coach, you decide where and when to offer your class.
7.2 Does the contractor use workplaces or work equipment provided by the client or its customers (e.g. instruments, work equipment, machines, tools, aids, work clothing, vehicles, navigation devices, communication devices, scanners, hardware or software, application software / app) when carrying out the order?
This question is about finding out which BEAT81 tools or work equipment you use.
BEAT81 studios have equipment that can (but does not have to) be used if required.
8 Information on customer service
8.1 Who closes mainly the contracts with the client's customers (e.g. treatment contracts, contracts for the provision of instruction and similar)?
As a freelance coach, you have no contractual relationship with the participants. You are welcome to recruit customers for your classes, for example through social media. You are not obliged to do so.
8.2 Is customer management (e.g. patient file) and/or appointment management carried out by the contractor?
The DRV would like to know whether you yourself are responsible for managing the participants and scheduling the classes.
BEAT81 manages its clients independently. As a freelance coach, you do not collect any data about the participants. You are free to choose which class to offer for BEAT81 and we give you a wide choice of dates.
8.3 Are services provided billed to third parties (e.g. in the medical field to statutory health insurance companies or private health insurers)?
This question relates to the billing of services.
As a freelance coach, you will receive payment for every class you teach. We do not charge third parties for any services. We do not provide such services or benefits for you as a freelance coach.
9 Information on entrepreneurial risk and entrepreneurial activity
These questions relate to you and your business activities as a freelance coach for BEAT81.You take on an entrepreneurial risk, because you only get paid if you coach. In addition, you are free to decide whether you carry out confirmed classes yourself or use third parties to do so, so that you can also take advantage of entrepreneurial opportunities in this respect.
9.1 Does the contractor use its own capital and/or own employees for the contractual relationship?
Here you are asked whether you invest money when you give a class for BEAT81 or whether you use your own employees to run the classes. You must answer this question individually. For example, the answer would be "yes" if you have attended further professional training for your work at BEAT81, purchased equipment, invested money and time in social media/a website or employ your own staff.
9.2 What type of remuneration is granted for the contractual relationship under review? Please indicate the share (in %) of the total remuneration, if applicable. Please send invoices / statements including the basis of invoice / basis of settlement.
The DRV would like to know how your payment is calculated. As a freelance coach for BEAT81, you receive a compensation for each class provided. In the end of each month you create an invoice containing the single classes given by you. Your invoice is payed by BEAT81 upon its submission. The payment is negotiated between you and BEAT81.
9.3 How did you agree upon the amount of your payment?
The DRV is interested in finding out how your payment was initially arranged.
BEAT81 gives you the opportunity to renegotiate your payment.
9.4 Is continued payment granted, for example, in the event of illness, vacation or in case of inability to perform your work activity?
Continued payment = this means that you will continue to receive your payment even if you are unable to work due to illness or another important reason, for example.
As a freelance coach you will not receive any continued payment (illness, vacation or other prevention) from BEAT81. You bear your own entrepreneurial risk if you are unable to offer classes for BEAT81.
9.5 Who is liable externally for breaches of contract and for defects in the execution of the order?
As mentioned in our freelance agreement, you are required to provide a valid liablity insurance. As a contractor, you are liable for defects refects resulted from the execution of the order (= implementation of the training). You bear this responsibility and guarantee the safety of all participants during your class.
9.6 Does the contractor also work for his/ her own customers within the scope of the client's work organisation (e.g. private patients in a physiotherapy practice)?
Here, the DRV is interested in whether you also look after your own customers as part of your job for BEAT81, e.g. whether your own customers with whom you have a contract participate in your classes and you are directly paid by them for training with you.
This is not the case, as participants must either have a contract with BEAT81 or a cooperation partner of BEAT81.
9.7 Are rental payments made to the client for the use of the company operational infrastructure?
The DRV would like to know whether you have to pay rent for the use of the studios rented by BEAT81.
We do not require money from you if you make use of our studios for your BEAT81 classes.
9.8 Are royalties assigned to the client?
Assign royalty to the client = transfer part of your earnings to BEAT81
No shares of your earnings from BEAT81 are assigned to us. BEAT81 pays you a remuneration for each training session offered by you. You do not transfer any part of it to BEAT81.
10. Description of the contractual relationship and other information
Here you should describe in free text how you collaborate with BEAT81.
As stated in our freelance agreement, you work for BEAT81 as a freelance coach and offer classes for BEAT81. You are free to choose when and where you hold the classes, depending on what time and location suit you best. You can also determine the class content yourself without obtaining BEAT81's approval. You are not obliged to take on any sessions or a certain minimum number of sessions.