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Old 07-29-2010, 09:19 AM   #14
Justin McCallon
Member Justin McCallon is offline
Join Date: Oct 2007
Location: Atlanta  GA
Posts: 551
Re: Employee Terms of Agreement?

Originally Posted by Robyn Morrisette View Post
Hi - I have brought my trainers on as employees rather than independent contractors and have been told that I should have them sign an employee agreement. Is anyone else doing this? The agreements I have seen are those that have created by lawyers and are super intimidating. What happened to the family concept?!
I'll just point out that a good attorney would work with your business to determine the correct terms that you want to agree on, but would prepare the contract in an easy-to-read, intuitive manner so that your employees would understand what they're signing. Good contracts aren't filled with legalese; they are straight-forward.

I've seen some employee contracts from CrossFits in the Atlanta area and they are over-the-top unconscionable in favor of the gym/owner, and full of legalese. In a lot of cases, they would be entirely unenforceable.

p.s. I like HQ's stance on encouraging not having non-competition agreements (in instances where you hire a $10/h trainer, it's a bit harsh to not allow them to compete), but if they start mandating that affiliates not have non-competition agreements, then they are walking a fine line. Courts could deem the affiliates to be franchises, and HQ could incur a lot of liability. Just that one stipulation by itself isn't enough, but a few other requirements would be. There was a case like this involving Burger King.
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Last edited by Justin McCallon : 07-29-2010 at 09:23 AM.
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