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
0 registered (), 41 Guests and 4 Spiders online.
Key: Admin, Global Mod, Mod
Newest Members
ksusanc, kellypnik123, leyinn, Ron_Cooley, businns
22902 Registered Users
Top Posters (30 Days)
Dobbersky 12
cxt 7
trevek 6
JKogas 5
TaekwonDoFan 2
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
centerline concepts
by futsaowingchun
07/14/14 10:49 PM
language of syllabus
by trevek
07/11/14 03:36 PM
ITF TaeKwonDo or Shotokan Karate????
by Dobbersky
07/10/14 07:14 AM
10 San Sik drills-Wing Chun's foundation
by futsaowingchun
06/30/14 11:20 AM
"Ip Man" and "Ip Man 2" the movies.
by TaekwonDoFan
06/30/14 11:02 AM
Iaido movements speed
by TooNice
04/14/14 01:47 PM
Anderson Silva - Leg Break
by Dobbersky
12/30/13 08:32 AM
Where Are They Now?
by Dobbersky
05/30/13 08:08 AM
Gi or no Gi Grappling?
by Prizewriter
04/16/12 02:48 PM
MMA - A passing Fad
by Dobbersky
04/12/12 11:16 AM
Recent Posts
ITF TaeKwonDo or Shotokan Karate????
by cxt
Yesterday at 11:35 AM
centerline concepts
by Dobbersky
07/18/14 06:14 AM
language of syllabus
by trevek
07/14/14 04:50 PM
Gi or no Gi Grappling?
by Dobbersky
07/10/14 07:38 AM
MMA - A passing Fad
by Dobbersky
07/10/14 07:35 AM
Anderson Silva - Leg Break
by Dobbersky
07/09/14 06:13 AM
Throwing
by JKogas
07/03/14 07:40 PM
10 San Sik drills-Wing Chun's foundation
by futsaowingchun
06/30/14 11:20 AM
"Ip Man" and "Ip Man 2" the movies.
by TaekwonDoFan
06/30/14 11:02 AM
Forget all that health stuff
by TaekwonDoFan
06/29/14 03:18 AM
Forum Stats
22902 Members
36 Forums
35563 Topics
432450 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: 3113
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: 3113
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

Self Defense
Offering stun guns, pepper spray, tasers and other self defense products not available in stores.

Pepper Spray
Online distributor of self defense supplies like videos, stun guns, Tasers and more.

Spy Cameras
Surveillance, Hidden Cameras, Nanny Cams, Digital Recorders, Spy Equipment, Pocket DVR's and more

Stun Gun
Wholesale Directlhy to the Public! Stun gun and Taser Guns and personal protection products. Keep your loved ones at home safe!

 

Unbreakable Unbrella

krav maga