Saturday, 15 March 2014

I am a coach for a cheer program out of a cheer/gymnastics gym. The owner has made the decision to stop the cheer program. She told me that ...

Question

I am a coach for a cheer program out of a cheer/gymnastics gym. The owner has made the decision to stop the cheer program. She told me that I can not work for another gym for 6 months because I have a non-compete clause in my contract. She offered to let me out of my contract if I pay her $10K. I can not afford to not work for 6 months nor can I afford to pay her that kind of money.



Answer

As a Franchise Attorney I can say it's not possible to offer an opinion without examining the specific contract you signed. Any compete, to be enforceable, must be reasonable in (a) length of time and (b) geographic scope. These need to be analyzed, given the specific provisions of your contract. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation



Answer

I agree, the document you signed along with the relevant Delaware case law would have to be evaluated. I have an office in New Castle County, but I see you are in Kent County.

A local attorney that practices small business law should be able to assist you.



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