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Old 05-08-2009, 05:10 AM   #1
Tish Traster
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Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

I am sending one of my personal trainers for Level 1 CrossFit Certification in August. While I was attending my Level 1 a trainer mentioned their affiliate had sent them and they signed a non-compete contract with the affiliate prior to attending.

Is this necessary and what details should be included in such a contract if so?

Thank you in advance for your help.

~Tish

PS I searched this forum first before posting. Sorry if I'm repeating something that's already out there
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Old 05-08-2009, 05:38 AM   #2
Sara Fleming
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

I would imagine this would only be necessary if:
a.) you are paying for it.
b.) you don't want them opening their own affiliate or doing Crossfit training outside your affiliate after getting certified.

I'm going to a level 1 cert in June that I'm paying for myself and my affiliate owner has not asked me to do anything of the sort. However, I would think it would be fair for him to do so if he paid for it.
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Old 05-08-2009, 06:48 AM   #3
Lou Cabales
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

this is lawyer territory

but non compete clauses have lots of loop holes

eg: your trainer needs to be able to pursue livelyhood

however i've heard of situations similar where a contractual agreement will cover you. eg. you must train at my gym for 1 year or you must pay back cert fees and expenses. or other contractual agreements that will cover you. but then there is a lot of small print to deal with.

if it were me the agreement would be 1 year minimum commitment post cert. and 10 radius non compete after. penalty is reimbusment plus legal costs.

if you dont implicitly trust individual then i'd question you sending them to cert. Keeping it on paper keeps things neat if things get dirty.

good to see you're box is doing well.
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Old 05-08-2009, 07:48 AM   #4
Terry Dickman
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

We use to have non-compete contracts in a former business. I found out they are really not enforceable (in California). Say you have an employee/trainer who leaves and starts up his own affiliate, are you really going to hire an attorney and bring a civil complaint against him/her? It would cost thousands I am sure. I can’t imagine a scenario where it would be worth it, maybe if you were a very large affiliate. I don’t think I would waste my time putting together a non-compete contract. Just my opinion though. I would check your local laws too. Read this... its WFS; http://labor-employment-law.lawyers....Contracts.html
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Old 05-08-2009, 10:51 AM   #5
Eric Lester
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

If I signed a do not compete I would follow it out of my own sense of honesty. If I did not sign one I would have no problem in opening up competition after I moved on. Some people would open up across the street from you paper signed or not, but I don't see what it could hurt. It's certainly justifiable if you are paying for the cert.
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Old 05-08-2009, 10:58 AM   #6
Eric R Cohen
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

Quote:
Originally Posted by Lou Cabales View Post
this is lawyer territory

but non compete clauses have lots of loop holes

eg: your trainer needs to be able to pursue livelyhood

however i've heard of situations similar where a contractual agreement will cover you. eg. you must train at my gym for 1 year or you must pay back cert fees and expenses. or other contractual agreements that will cover you. but then there is a lot of small print to deal with.

if it were me the agreement would be 1 year minimum commitment post cert. and 10 radius non compete after. penalty is reimbusment plus legal costs.

if you dont implicitly trust individual then i'd question you sending them to cert. Keeping it on paper keeps things neat if things get dirty.

good to see you're box is doing well.
This sounds pretty reasonable. My spouse is an attorney who's worked on some similar cases. It's pretty tough to keep someone from earning a living, but reasonable reimbursements, etc. make sense.
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Old 05-14-2009, 11:27 AM   #7
John Melton
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Re: Sending Trainer for Level 1 Cert / Non-Compete Contract Needed?

one rule of business i have been taught...

Always...always...always...cover your backside. If their leaving and competing could realistically impede your ability to succeed, then...yes. [smaller communities]

if its not that big of a deal on local market share....then cover what would just protect your investment. YOUR money is paying for THEIR cert. No one rides for free, right? so for no other reason than you paid so they could work for you...i would have it drawn up, and signed.

or...if the lawyering fees are more trouble than they are worth as an insurance policy for your investment then dont sweat it and hope they are truly a world class person.

Personally, i think non-compete contracts are a fair thing.
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