If I was a partner in a bike shop and left signing a non-compete, does this cover a mobile bike repair business?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was a partner in a bike shop and left signing a non-compete, does this cover a mobile bike repair business?
The agreement stated that I would not start a bicycle related business within 5 miles of old shop for 2 years. I now want to start a mobile bike repair business with my home being it’s “home base” (it is more than 5 miles from old shop). Would I be breaking the non-compete by being mobile even though my actual business address would be beyond the distance limit? I may not even have customers near the old location but maybe so.
Asked on July 23, 2015 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, the non-compete would cover a mobile business as well as a fixed location business, if the mobile business competes with your former business--provides similar services, marketed to the same or similar customers. However, since based on what you write, the non-competition agreement has a geographic limit (5 miles of the old shop), you would seem to be fine so long as you do not provide any services within 5 miles of your former shop.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.