FightingArts Estore
Pressure Points
From a medical professional, straight facts on where and how to hit that can save your life.
Stretching
Limber or not, anyone can add height and speed to their kicks with this method.
Calligraphy
For yourself or as a gift, calligraphy is special, unique and lasting.
Karate Uniforms
Look your best. Max snap. low cost & superior crafted: “Peak Performance Gold” 16 oz uniforms.

MOTOBU
Classic book translation. Hard to find. Not in stores.
Who's Online
1 registered (futsaowingchun), 26 Guests and 3 Spiders online.
Key: Admin, Global Mod, Mod
Newest Members
Antalerico, Uzumaki, dbrit, pwm, 3DMAA
22977 Registered Users
Top Posters (30 Days)
futsaowingchun 3
Antalerico 2
EFRAIN 1
McSensei 1
Salek 1
July
Su M Tu W Th F Sa
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
New Topics
Leg Checks and Sweeps
by futsaowingchun
14 minutes 18 seconds ago
Sup Gee Sao-10 character Hand
by futsaowingchun
17 minutes 21 seconds ago
CSW Erik Paulson Chicago Area October 10, 2015
by Marcus Charles
Today at 05:25 PM
2015 European Championship Baku: Finals, streams
by ergees
06/28/15 04:21 PM
Wing Chun's inside information
by futsaowingchun
06/15/15 06:02 PM
Where Are They Now?
by Dobbersky
05/30/13 08:08 AM
Taekwondo loosing it's face/popularity
by
01/07/08 03:11 AM
Don't think aikido is effective self-defense
by
08/15/00 07:29 PM
Recent Posts
Leg Checks and Sweeps
by futsaowingchun
14 minutes 18 seconds ago
Sup Gee Sao-10 character Hand
by futsaowingchun
17 minutes 21 seconds ago
2015 European Championship Baku: Finals, streams
by ergees
06/28/15 04:21 PM
Taekwondo loosing it's face/popularity
by EFRAIN
06/17/15 07:44 PM
Don't think aikido is effective self-defense
by Grendal
06/16/15 05:24 PM
Wing Chun's inside information
by futsaowingchun
06/15/15 06:02 PM
Forum Stats
22977 Members
36 Forums
35619 Topics
432573 Posts

Max Online: 424 @ 09/24/13 10:38 PM
Topic Options
#409785 - 10/16/08 06:58 PM Non Compete Clauses???
Ronin1966 Offline
Professional Poster

Registered: 04/26/02
Posts: 3116
Loc: East Coast, United States
Hello:

A huge mega health club is moving into our immediate area in two locations fairly locally. Their claim to fame apparently being they offer every type/kind of class known to mankind with no annual fee/membership. You simply drop in and take the particular class...

Curious I inquired what they were needed in terms of instructors at this point and was told...

They give all their instructors a 1 year contract with a 2 year NON-COMPETE CLAUSE attached to it.


My question, are non-compete clauses enforcable?. Intellectually I think get the basic idea (I think) but how on earth could that work given the transicent nature of instruction for many who teach not in one place but rather in many, many different places whether martial arts instructors, or any other subject for that matter???


Jeff

Top
#409786 - 10/16/08 10:44 PM Re: Non Compete Clauses??? [Re: Ronin1966]
Kimo2007 Offline
Veteran

Registered: 03/31/07
Posts: 1057
Non Compete clauses are generally not enforceable, the legal point is known as restriction of trade. You cannot sign a contract which states you are legally bound to not earn a living.

That said, it can be used in litigation if it can be shown you used your time in employment to learn trade secrets with the intent to use the information to start your own business and take market share from your employer. Basically they have to show intent, and the non compete clause is simply a CYA to discourage that behavior.

That said laws are different in different places so it depends on where you live and work, but in general they are difficult to enforce.
_________________________
Undefeated in all of Asia!

Top
#409787 - 10/17/08 05:15 PM Re: Non Compete Clauses??? [Re: Kimo2007]
Ronin1966 Offline
Professional Poster

Registered: 04/26/02
Posts: 3116
Loc: East Coast, United States
Hello Kimo2007:

Thank you for your information.

<<Non Compete clauses are generally not enforceable, the legal point is known as restriction of trade. You cannot sign a contract which states you are legally bound to not earn a living.

Yet apparently they are still being written?!

I know many instructors (aerobics, dance, martial arts, etc.) who teach in numerous locations in the course of their normal work week. I found the concept pretty bizarre for the exact reasons you suggested.

Anyplace you like that descibes the issues for the lay public well?

Jeff

Top
#409788 - 10/20/08 07:09 AM Re: Non Compete Clauses??? [Re: Ronin1966]
ThomsonsPier Offline
Member

Registered: 06/24/04
Posts: 475
Loc: Reading, UK
Quote:

Yet apparently they are still being written?!



My understanding is that they're generally inserted into contracts by companies in the hopes that anyone signing the contract will be so cowed by the threat of legal action that they won't attempt to contest it. The clause itself has little value and can often invalidate a larger portion of the contract (at least in this country).
_________________________
ThomsonsPier

War. It's fan-tastic!

Top


Moderator:  Cord, MattJ, Reiki, tkd_high_green 




Action Ads
1.5 Million Plus Page Views
Monthly
Only $89
Details

Fight Videos
Night club fight footage and street fights captured with the world's first bouncer spy cam

How to Matrix!
Learn ten times faster with new training method. Learn entire arts for as little as $10 per disk.

Self Defense
Stun guns, pepper spray, Mace and self defense products. Alarms for personal and home use.

TASER MC26C
Stop An Urban Gorilla: Get 2 FREE TASER M26C Replacement Air Cartridges With Each New TASER M26C!

 

Unbreakable Unbrella

krav maga