All-Star Non-compete Agreements (what Do They Mean/what Are They Worth?)

[DJ]

Wanted to get everyone's take on whether these are really enforceable for coaches in our industry?

Ready. Set. Go!

 

[krissycole44]

a contract's a contract in my mind. Until the contract expires you should abide by it.

 

[tumbleyoda]

Based upon this industry unless you come up with something truly propietary - the only area I can think of is possiblly in music - I don't think they really are. As I said in another thread many gyms use the threat of going to court over one as leverage to keep a former employee from pursuing another job locally for a set time period. Also I think it depends if there is a non solictation clause.

 

[cljacks99]

it depends on what the state's laws are, I think.

 

[DJ]

What about amended clauses for example.. Non compete except for workshops, camps, clinics. That's all that was included they weren't elaborated on nor defined. So I am hard pressed to think that they can now stipulate what constitutes a camp clinic or workshop. In the written agreement they are only listed without restrictions on duration or frequency.

Thoughts?


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[King]

Depends on how far a company is willing to pursue it.

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[DJ]

Depends on how far a company is willing to pursue it.

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Yes if both parties go push come to shove, I feel like the vagueness is a created loop hole. It should have specifically prescribed what and when. And defined what was permitted and for duration on the amendmened agreement.

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[imrichhowboutu]

I think if we are talking about a clinic that happens 5 times, that is one thing. But when you do a "clinic" every week for several months, i think that is defined as regular employment.

 

[socratesofcheer]

The employee has the advantage.

The problem with enforcing them is this: a person has a right to make a living. If they have to move to another state/county/city then it makes it hard to make a living. Therefore, it is REAL HARD to have a non-compete hold up against a cheer/tumble coach.

 

[imrichhowboutu]

The employee has the advantage.

The problem with enforcing them is this: a person has a right to make a living. If they have to move to another state/county/city then it makes it hard to make a living. Therefore, it is REAL HARD to have a non-compete hold up against a cheer/tumble coach.

Weell usually a non-compete would have some sort of distance associated with it.

 

[socratesofcheer]

Weell usually a non-compete would have some sort of distance associated with it.

Right. That was my point.

 

[yojaehs]

Well I know for a fact (not me personally but one of my VERY close friends) that YES, a Non-compete clause will hold up in court, regardless of if its your ONLY source of income. This is the reason I stated in another thread, that NO COACH SHOULD EVER sign one. If you sign it and the gym chooses to pursue it in court, what you SIGN you CAN be held liable. My suggestion, JUST DON'T DO IT. Please, Please, Please!!!

 

[wcdad]

A non compete is used in all business. They ARE very enforceable. Be very careful what you sign and if you are in doubt have it looked at by an attorney. If you sign it you can and in most cases will be held to it in the eyes of the court.

 

[ztaprincess]

I personally love the idea of a non-compete agreement especially after the new rule for athletes by the USASF. If they want to protect gyms from athletes leaving then they should also protect them from coaches who seem to jump around to multiple gyms each season.

I do believe that it can be enforced and should be enforced. It is understandable that people pick up and move somewhere else to make more money, but I may be off here but the majority of coaches that I know have a full time job outside of coaching cheer. Therefore if they are picking up to move for that full time job that pays the bills then they should be free to coach somewhere else. It is more so the coaches that jump ship regularly just because they want to be part of a certain program that make me think agreements like these should be heavily enforced.

If someone signs that contract that states you agree to that agreement there is no much that coach can do if they get upset when the agreement has to be used. If it was taken in front of a judge they will look at the signed contract and move on. If you work as a cheer coach full time then be smart about where you sign. It is the same as when the athlete has to be sure they are willing to stay where they are paying every month since leaving will be a pain in the butt. If you want them to stay committed then the coaches need to as well.

Of course it would go on a gym to gym basis on whether they would release a coach or not. If there is a good enough reason and the gym wants to sign a release then that is their right to do.

 

[Cheer Tennessee]

Alot of it depends on which state you live in.. They are harder to inforce in TN bc it's a right to work state. But you'll still have to fight it if you want out.