Is this Non-Compete clause enforceable?

Missouri

Hi everyone. I have a contract that I terminated, and I need to know if this non-compete clause is enforceable or not.

CLIENT (Me) agrees to non-competition: CLIENT shall not own, maintain an interest in, operate, consult with, teach or coach for, or otherwise cause or facilitate the operation of a business entity serving the mortgage brokerage/lending industry with comparable services as this MARKETING COMPANY (them) during the term of this agreement or for a term of three years subsequent to termination of this agreement.

To make a long story short, I belonged to a mortgage coaching group. They would provide marketing material and we would have a geographic area that we can advertise in with this marketing material. I decided to quit the group and start my own coaching group with my own marketing material to give other people who will join my coaching program.

I do not feel this is enforceable since it does not state a geographic area. In other words, this really states that I could not have a coaching group anywhere in the whole US.

Please advice.

Thank you!What is the name of your state?

Of course only a court could tell you if it was valid or not.

My guess is that it is not since it is for three years (way too long) and there is no geographical boundary on it.

If you intend to use the marketing tools they provided and trained you with they most certainly can enforce it.
As Sr.Jugde said...the 3 yrs. is way too long. 1 yr. is standard in our industry. (mine being the same)

Never sign a non compete claus again. When given to you to sign, merely draw a line straight through that portion and initial it and don't say a word. If they ask why you did that they will actually respect you for it.

That's what I've done. If they don't like it then tough. You wouldn't marry a woman/man on the 1st date for 3 yrs. would you?

Now you are like in a divorce. Just do your job. Hope they don't come back on you.