Non-compete Reasonoable or not?

[boitig]

What is the name of your state (only U.S. law)? Texas

Basically i am looking to determine if this would be considered reasonable. I suspect not and my instructor is wanting me to sign. I am not planning to at this point as this prevents me from even pursuing another Black Belt in town because all Martial Arts schools require you to assist with teaching at some point prior to getting your Black Belt. Not to mention I have NOT learned most of my Martial Arts knowledge from this school as i received my belt two years ago from another school that i had been training at for over 18 yrs.

I also was wondering if how enforceable this would be in the case of a minor. He requires all students to sign before getting their Black Belt with him and my neice wants to run her own school once she is 18, but her parents signed this for her when she received her Belt.

I, ______ agree without force or pressure of any kind that I, either individually, in a group, as a partner, as a silent partner, or through any other means, will not teach, instruct, help or aid in the teaching of any form of Martial Arts (Karate, TaeKwonDo, Akido, etc.) in the trade area of Instructor’s Karate TaeKwonDo Center. Instructor’s TaeKwonDo Center is defined as: The business of teaching Martial Arts with Instructor, his spouse, his heirs, or any of their assignees or representatives that are current or may be added in the future. “Trade area” is defined as an area within a 60 mile radius from any Instructor’s location for teaching Martial Arts by Instructor, his spouse, his heirs, assignees, or representatives whether they are independent contractors or not, whether those businesses are currently existing or will be opened in the future. However, if a former Instructor’s student were to open or teach in a location outside of this 60 mile radius trade area from a then existing Instructor’s location and the former Instructor’s student was not working for or with Instructor, his spouse, his heirs, assignees or representatives at the time; Instructor agrees not to open a competing location in that same town. This will prevent Instructor’s from competing in that area.

I, ________, also agree that if I teach in the defined trade area, I agree to work for the Instructor’s Group. I understand this agreement is to protect Instructor’s Karate TaeKwonDo Group from competition. I understand teaching Martial Arts is currently Instructor’s primary source of income. I also state that because I have learned the majority of my Martial Arts knowledge from Instructor’s, as a result, I agree not to compete. If I receive a Black Belt from any other source within 20 years from today’s date, I still agree not to compete with Instructor’s as defined in this agreement. I aslo agree to hold Instructor’s Karate TaeKwonDo center harmless in case of a breach of this agreement, and I agree to be liable for all legal expenses incurred in the event of litigation involved in the enforcement of this agreement against me. I understand the term or length of time this agreement will be(is) in force or is valid will be 20 years, effective from the date that I sign it. This agreement will automatically renew for another term of 20 years unless written notice to compete is given to Instructor’s Karate TaeKwonDo Center 1 month in advance of the expiration date.

 

[quincy]

Previewing a post before submitting it will often delete the post. No idea why.

You can "edit" your original post or "reply to thread" to add your legal question/concern in this way.

Please be sure to include the name of your state.

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Basically i am looking to determine if this would be considered reasonable. I suspect not and my instructor is wanting me to sign. I am not planning to at this point as this prevents me from even pursuing another Black Belt in town because all Martial Arts schools require you to assist with teaching at some point prior to getting your Black Belt. Not to mention I have NOT learned most of my Martial Arts knowledge from this school as i received my belt two years ago from another school that i had been training at for over 18 yrs.

I also was wondering if how enforceable this would be in the case of a minor. He requires all students to sign before getting their Black Belt with him and my neice wants to run her own school once she is 18, but her parents signed this for her when she received her Belt.

I, ______ agree without force or pressure of any kind that I, either individually, in a group, as a partner, as a silent partner, or through any other means, will not teach, instruct, help or aid in the teaching of any form of Martial Arts (Karate, TaeKwonDo, Akido, etc.) in the trade area of Instructor’s Karate TaeKwonDo Center. Instructor’s TaeKwonDo Center is defined as: The business of teaching Martial Arts with Instructor, his spouse, his heirs, or any of their assignees or representatives that are current or may be added in the future. “Trade area” is defined as an area within a 60 mile radius from any Instructor’s location for teaching Martial Arts by Instructor, his spouse, his heirs, assignees, or representatives whether they are independent contractors or not, whether those businesses are currently existing or will be opened in the future. However, if a former Instructor’s student were to open or teach in a location outside of this 60 mile radius trade area from a then existing Instructor’s location and the former Instructor’s student was not working for or with Instructor, his spouse, his heirs, assignees or representatives at the time; Instructor agrees not to open a competing location in that same town. This will prevent Instructor’s from competing in that area.

I, ________, also agree that if I teach in the defined trade area, I agree to work for the Instructor’s Group. I understand this agreement is to protect Instructor’s Karate TaeKwonDo Group from competition. I understand teaching Martial Arts is currently Instructor’s primary source of income. I also state that because I have learned the majority of my Martial Arts knowledge from Instructor’s, as a result, I agree not to compete. If I receive a Black Belt from any other source within 20 years from today’s date, I still agree not to compete with Instructor’s as defined in this agreement. I aslo agree to hold Instructor’s Karate TaeKwonDo center harmless in case of a breach of this agreement, and I agree to be liable for all legal expenses incurred in the event of litigation involved in the enforcement of this agreement against me. I understand the term or length of time this agreement will be(is) in force or is valid will be 20 years, effective from the date that I sign it. This agreement will automatically renew for another term of 20 years unless written notice to compete is given to Instructor’s Karate TaeKwonDo Center 1 month in advance of the expiration date.

I am happy you were able to figure out how to post your question.

There are a couple of things in the non-compete agreement that I believe a court would find unreasonable. The scope is too broad.

A non-compete agreement is generally considered unenforceable if the restraint is greater than is needed to protect a legitimate business interest.

 

[kapeedmaro]

Lacking capacity.

Also trying to enforce an 'agreement' you made with a minor after they come of age is nearly impossible, since minors can always argue either duress, coercion, or that they simply lacked the capacity to understand the scope of the agreement at the time.

http://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/FamilyRelationships/Contracts.asp

Then again they could do it old school and challenge their master for control of the dojo. XD

 

[mmmagique]

Also trying to enforce an 'agreement' you made with a minor after they come of age is nearly impossible, since minors can always argue either duress, coercion, or that they simply lacked the capacity to understand the scope of the agreement at the time.

http://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/FamilyRelationships/Contracts.asp

Then again they could do it old school and challenge their master for control of the dojo. XD

He said he's been training at another academy for over 18 years. Unless he has a Tardis, he is not a minor. (age of majority in Texas is 18)