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Contract for self employed fitness instructor?

(4 Posts)
xmyboys Wed 06-Jul-11 20:05:46

Hoping to get some help and advice here.
I have an intstructor going to work on a self employed basis. Paid per session taken.
I need to have a contract in place to ensure they do not 'steal' clients. ie offer them cheaper sessions in their home/other third party locations.

Any suggestions on this should be worded? does anyone work in a similiar envrionment and have a contract like this?
Thanks in advance

northerngirl41 Wed 06-Jul-11 21:22:22

You need a subcontract agreement with an anti-competition and confidentiality clause. Bear in mind that the UK's employment laws are very different from the US where "golden handcuffs" are very common - over here you aren't allowed to restrict someone's right to earn a living but you can specify that they aren't allowed to use proprietory information (like your client contact details) or to contact clients within X amount of time whilst working for you or leaving your employment.

xmyboys Wed 13-Jul-11 10:55:21

Northern do you know if you can put a restriction on working within the same town? I wouldn't want to restrict anyone outright for a significant area, but at the same time we don't want to do all the hard work to promote someone and then have them walk off to another business or start up there own.
A lot of our clients are fairly local but they would move to another business within the town if they wanted to go to that instructors class.
Hoping someone can help - thanks in advance

flowery Wed 13-Jul-11 11:04:03

I assume this is a separate issue to the employee you've issed an employment contract to?

Yes it's perfectly possible to put conflict of interest restrictions in in terms of location of work, however depending on the details of the situation, those may not be enforceable. Focusing on the stealing of clients issue rather than location is probably much more enforceable.

But the person drafting this agreement for you ought to be able to advise on appropriate wording in this case.

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