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Thread: No compete clause

  1. #1

    No compete clause

    For those of you who are manager, or even owners, I wanted to get some clarification on this. We all sign it when we take on a job with Curves, but does it really hold true. Or is it there so that someone can not take Curves concepts and start off a knock-off.

    If I want to leave my job as a manager, because the pay is pay is not enough, and I go to get a job with another fitness facility, can I really be taken to court over this?

    I have some conncetions to get into PR with Gold's, but I can't risk a law suite over this. And I do feel that the owner would be bitter ennough to go there....

  2. #2
    Super-Genius nellie's Avatar
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    I'd re-read the form and see if what you want to do violates it. If it does, and you signed it, your Curves owner could technically take legal action. It would take quite a bit of money and effort on his/her part, though. If you are considering quitting Curves, the best advice might be to ask the owner. That way there's no question of what will happen. If he/she said that no legal action will be taken, you might want a copy of that in writing.

    Here's some more information on the subject (I locked the thread so that nobody posts to it, since it's long dead ): http://www.curvesforum.com/forum/sho...hlight=compete
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  3. #3
    One of the managers that worked for us had her husbands work lawyer look over the form and he said it isn't worth the paper it is written on. One of the ways to get out of it is "when did you sign it." When they were filling out your paper work for your position. Sort of signing under duress whether you will have a job or not.


    We did have an employee go to another fitness facility and nothing was ever done. Too much money to take someone to court.

  4. #4
    Just rollin' along tracylee's Avatar
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    I'll admit to never having seen the contract for Curves, but I have signed them for other jobs.

    Much of it depends on enforcement. We had 3 sisters quit one day at the Curves I work out at and open a new fitness center in town. I'm not sure how well it's working out, since it's on the far side of town from me, and I haven't run into them in awhile. Then again, the owner of our Curves lives in a different state and may not be aware of the new fitness center.

  5. #5
    that cluase is just b.s...it also says I cannot be accociated with any other fitness place. Meanwhile, I've had a persoanl trainer since I started working there, but when people ask how I stay fit, I say I do curves and I run, I have free weights at home....
    But what kind of clause can keep someone from having a gym membership or going to weight watchers if they want.

  6. #6
    Super-Genius nellie's Avatar
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    I don't think it's stopping you from joining another gym... it's regarding WORKING for another fitness facility. They just don't want you stealing Curves' secrets and giving them to somewhere else.

    But, like has been said, there probably wouldn't be much done... it's costly (time and money) to take legal action against someone.
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  7. #7
    stretching MizLacey's Avatar
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    What specifically does your no compete say?

    I think they vary, depending on if they used the one from the website or not.

    My understanding of it is that you can't go work for another gym and tell them what you know about Curves.

    PR is very different from being a fitness trainer. I'm not sure the clause applies.

  8. #8
    the title of the form is "Employee's Acknowledgement of Proprietary Information and Covenant not to Compete"

    "Employee shall not own an interest in, conduct or operate, directly or indirectly, or be employed by or associated in any way with any aerobics, women's fitness and/or weight loss business other than curves during the term of employment with curves."

    associatd in any way....as in member of another gym? Thats how I read it.

    it goes on and on, so now Im not sure if I can leave and go to another gym, not a curves....but another fitness center....the wording is not strait forward.
    "Employee covenants and agrees that, except for any interest which employee has in a competetive business on the effective date of this employment at curves, by her signature herein below specifically consents, employee shall not, directly or indirectly, as proprietor, partner, investor, shareholder, member, director, officer, employer, employee, agent, adviser, franchisor, franchisee, consultant or in any other individual or representative capicity or otherwise for a period of 2 years......"

  9. #9
    Interesting wording indeed "...(any) aerobics, women's fitness and/or weight loss business ..." would sure seem to rule out any gym. Even if you wanted to press the point that your prospective employer is a mixed gender gym not a "women's fitness", the other examples of "aerobics" and "weight loss" would seem to apply to any gym.

    I'm not a judge or attorney or associated with the law in any way (well, besides being a law-abiding citizen). This layperson's interpretation is that you signed a promise and commitment to not be associated in any way with any fitness and/or weight loss business for a period of two years ... and whatever the remaining words are.

    What are your thoughts? You seem to be thinking that your prospective employer is different from an "aerobics, women's fitness, and/or weight loss business".

    The Curves program works ... when I do my part!

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  10. #10
    Momma :) fordreamin's Avatar
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    I've seen situations turn out both ways where non-compete clauses have been signed. I worked in telecom for 4 years and being in the area we are, there are several other companies in the same business. We all signed the contract saying we wouldn't work for another telecom, but I can't even tell you how many people did. What most ended up taking was general experience that could apply to any new job in any industry. What was the problem when the clause was thrown back in the face of others was that they had been paid to work on an idea for said industry and then quit and took it to the competition and proceeded with the design which was in all forms, property of the previous company.

    There have always been clauses in my work signings that have included things like I couldn't get a part-time job without consent of my bosses at one job to I couldn't work another part-time retail job when I was working retail in college. Most of these types of rules were so that primary jobs got priority over secondary jobs and since most secondary jobs don't quite understand how you could be asked to work overtime and whatnot, they wanted to make sure that YOU knew which came first and if you didn't like it, you could leave.

    You are going to learn things at any job. better customer service. how to sell a product. how to use a computer program. There's no way they can tell you that those things can't be used in your next position, but specific strategies and ideas can be held against you. Chances of that happening are probably slim to none and I find it hard to believe that any self-respecting lawyer would allow a clause to be setup such that you couldn't be a workout member of a different fitness center for 2-years after separating from Curves, as an employee and workout member. Yes, working there, perhaps, but not being a paid member using it to get your exercise. that's a bit silly, if you ask me

    Good luck and perhaps you could have someone else read your paperwork and get their take? with just an exerpt, it's hard to tell exactly what it's trying to avoid.
    Coli
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