Is it legal if a local franchise of a national fitness club business forbids personal trainers to practice their profession on their own time and on private property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal if a local franchise of a national fitness club business forbids personal trainers to practice their profession on their own time and on private property?

It also prohibits them from being retained for their services by current or former members of the club for 6 months after leaving employment at the club. They maintain that this constitutes theft and threaten to take legal action against any personal trainer who engages in either of those practices. Do they have a legal right to impose such restrictions on personal trainers and do those actions indeed constitute theft?

Asked on November 17, 2015 under Employment Labor Law, Texas

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the personal trainer has signed a contract with the fitness club agreeing to work with only members of the club, then it is legal. Usually such contracts contain a Non-Compete clause, which restricts the employee from engaging in activity which takes business away from or is adverse to the club. This is perfectly legal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption