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Non-Compete Agreements at a gym

by Dorine
(Shirley, NY)


i am a private certified personal trainer. i work at my own home and go to people's homes as well, to train them. i recently took a job at a local gym just to ensure that i would have security in a job and possibly to do some class work there hopefully in the future - for experience.

Do you think it is ok for me to sign a non-compete agreement at with this gym as i was given one to sign and have yet to have it notarized?

the non-compete agreement is for businesses within 5 miles (i live more than 5 miles away) and it is also good for 3 years after my employment with them.

i have no intention of working for another gym or taking any of their clients since i am very busy on my own. i only train one person at the gym and just started this job for security (although i am doing well with the home business) however, they gave me this agreement to sign and now i am wondering if i should sign it and get it over with or if it may be a problem for me with my home business especially if i do not stay with this gym.

please advise. thank you!!

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Do your research
by: Bobby

I recently dealt with this. I used to train bootcamps for a local company and had signed a non-compete. They tried to sue when I left and started my own bootcamp. Colorado law stated that they can not prevent me from running a business of my choice unless I and posing an unfair advantage because of my past employment with them, I am infringing on trademarks, using company trade secrets, or was proposing my services to their clients prior to my termination of employment.

My advice is to research your states laws and go from their.


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Non compete

by scott adams
(New York, NY)

I work for a large gym in NY instructing classes. I do not have a non-compete but I signed a "manual". I teach a class that I developed and trademark. The members of the gym attend the class but I built the number of clients through referrals. I also teach at another gym in NYC and it is not a problem. I am thinking about opening my own studio and want to make sure I am free and clear. Can you advise?

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not a lawyer...
by: Katie - Admin

not a lawyer... but I don't see any reason you can't go and start your own business. It depends on what you signed and agreed to. Always read before signing.

just be careful no to do anything that can cause financial harm to the gym (like actively recruiting people to leave the gym and join yours).

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personal training covenant not to compete

I worked for a small gym for about a year and half as a personal trainer. I was fired in Sept. 2008. In June 2007, I signed a covenant not to compete. The covenant stated I could not work with the same zip code for a period of two years following termination. I am now interested in working for another gym within the same zip code. It is not my primary means for employment but a part-time job that would greatly help out my family's income and pay bills.

Can I do this without expecting a injunction from my form employer?

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Consult an attorney
by: Katie - Admin

These non-compete agreements are not enforceable in all states since they deny you the ability to earn a living. To be on the safe side, you should consult an attorney

- Katie


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Covenant Not to compete

Does Covenant not to compete hold up in court in the personal training industry. Do it hold up in court in SC.

If you worked for a gym and they Fired you, and they did not contact any of your clients to set them up with a different trainer or your clients did not want to go with a different trainer and stayed with you on a one-on-one personal trainer, will that hold up?

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Personal Trainer Business
by: Ken Karnak

I am not sure of your question? It seems that you are concerned that your previous facility will come after you if you train your clients outside the facility after your were fired? Is this correct?

I can tell you that I have yet to hear of anyone getting sued when clients "chose" to follow you elsewhere.

I would be careful on how you address your clients on where your going. Telling them the truth and letting them know where you will be training at is not a breach of contract.

If you asked them to leave the current facility and train them that may be a breach. Just my thoughts... I am no lawyer.. read the fine print and make your best judgement...

ken karnack
dallas personal trainer

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Non compete

by Cassandra K
(Woodbury MN)

Hello, I have a couple of questions. I signed a non-compete contract with my employer. It is in effect for 18 months after termination of employment. It also has a 20 mile radius attached to it.

I have not solicited any clients. However, I have a large following of clientele. They have sought me out and want to train with me. Is there a waiver or form that they can sign stating that I did not contact them and that they wish to follow me in their own interest?

I have several clients in contract with my previous organization that are not being provided the services that they were receiving when their contract was originally signed(days and times-no trainer available). Is there anyways for them to get out of the contract.

I also have some clients with health issues. Would a note from their medical doctor be sufficient?

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