wording on a Non Compete

[Harry]

I am the spa director and lead massage therapist at a new spa, and the owner and I are trying to figure out the legal paperwork as we go.  We are now working on a non compete, very standard, agreement.  However, I want to add a clause that allows me to still do workshops and be a guest massage therapist at a local resort when they invite me.  The owner has agreed that we can allow this and asked me to change the wording on the non compete agreement as I see fit and then present it to her, however, I have no idea how to word this in legal language.  Any ideas?

 

[Derek M]

wording on a Non Compete

Forget legalese, put it in English.Clearly state what you are being permitted to do, how you represent yourself, how often you can do this and how conflicts of schedule will be managed.Be very specific.

 

[Bby v.]

wording on a Non Compete

This non-compete clause, are you totally in agreement with it? If you leave the spa (better arangement somewhere else, or the owner doesn't like you any more, or any other reason), does that mean you won't be able to practice in the same locale? within 10 miles? 100 miles? Have you thought this all the way through and can you live with it under the worse-case scenario?

 

[Villain]

wording on a Non Compete

This non-compete clause, are you totally in agreement with it? If you leave the spa (better arangement somewhere else, or the owner doesn't like you any more, or any other reason), does that mean you won't be able to practice in the same locale? within 10 miles? 100 miles? Have you thought this all the way through and can you live with it under the worse-case scenario?

It seems, by the way she is putting it, that she's actually making the non-compete for other therapists, but bending the rules to how she sees fit in her best interest. No need to think it through, she's actually making the contract.

As for how to word it, I'd go with that R&R said and just make it plain English. That way the therapist can read it and make a decision as to whether or not they want to sign it, and not have to get lawyers involved. When the therapist signs a non-compete claus, they konw what they're getting into, so no need to use legalese. Make sure to cover your arse to allow yourself to bend the rules instead of being stuck in what all the other therapists who don't get to bend the rules are in!

 

[MGSA]

wording on a Non Compete

Make sure to include that all clients you bring with you, you get to take with you. That she doesn't get to take over your clients when you leave. Some non-compete contracts are that you loose all clientelle when you leave. Make sure that you put that you can do massages anywhere after you leave, but you won't take clients with you that you obtained through the spa. Just watch your back. My husband had to sign one with the job he is at. He can't work for anyone assoc. with his work for 6 months after he quits, if he ever does. He is a comp. programmer, and that would really limits his job hunting if he were to ever quit, so be very careful about what you put. I would definitely talk to an attorney if you can. These can be very destructive to you if you were to get into a bad one. Take care and good luck.