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#109584 - 08/05/04 04:09 PM Re: Noncompete Agreements

Non competes vary stae to state.
Some states invoke a "will to work" policy in that you can NOT sign away your right to work in a valid field of employment. Others do not.

In regards to Martial Arts, it is indeed a sad fact of life that most US schools now operate as a business, and as such may look at Non competes to protect their business.

My personal take on this is that if you and your school are reputable and strong you shouldnt lose students to another instructor that you trained.

One of your students should be Encouraged to open up a school when he or she is qualified, and common scence would dictate not opening the school on your sifu, or sensei's doorstep.

I do not require a non compete or have ever entertained the idea of requesting one, and have never had a problem.

I would hope any student that I train and bring to the level of instructing, that he or she would have the proper respect and NOT open a school in direct competition with me. Infact If I had a student that was to do that I would blame myself for not instilling in them the correct martial values that any good instructor should have.

#109585 - 04/01/05 10:44 PM Re: Noncompete Agreements

It has actually gotten to the sad state of affairs that one instructor opens a school. He trains someone to 2nd/3rd black. Instructor and black belt have a personal argument. Bb leaves and opens his own school. There is now political bs involved and original instructor loses 1/3 of his students. Doesn't matter who started the fight. Unfornately, building space has to be paid for, utilities have to be paid for, and sometimes the dojo takes up so much of an instructor's time that he has a living to make. I hate to say it, but a non-compete contract has become a necessary evil in America today, especially in some areas, such as small towns. It can be really hard to replace 20-30 students in your dojo in a larger area as it is. It's something of a wrong to have to do it, but I wouldn't want to jeopordize my ability to teach, especially if I've been putting in 40+ hours a week into a dojo.

#109586 - 05/09/05 06:21 AM Re: Noncompete Agreements [Re: ipscshooter]
Bushi_no_ki Offline

Registered: 05/03/05
Posts: 1669
Loc: POM, Monterey CA
There is a reasonable scope and duration for a noncompete agreement. For instance, not that I would actually do this, but if I were to achieve appropriate rank, and my instructor did not require a noncompete agreement from me, I could actually open a dojo across the same small town, and theoretically bankrupt him. Wouldn't actually happen, as he'd be a 7th or 8th black by that time. However, when one of your students goes for black belt, a noncompete isn't a bad idea if you don't trust the student implicitly with your business. How do you know he/she won't just sever ties and move across town, possibly taking a large enough chunk of your students with him/her.

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