Are you new to the fitness field and now working at a ‘Big-Box’ gym that had you sign a non-complete clause in an employment contract? Read this article (click here to read the full article: LINK).
Typically, when a trainer leaves an employer, they may be taking with them a list of loyal clients.
To prevent a loss of confidential information and unfair competition, the employer may draft restrictive terms to protect their business. For example – as the trainer, you may not contact any of your clients for 1 year or may not work for any company in the fitness field within 5-10 kms of the original business.
HOWEVER, our courts have been reluctant to enforce the terms in the contract – finding that they are by default impermissible restraints on trade.
Find yourself in this position? Seek legal advice before quitting the fitness field if you find yourself!