If I was a partner in a bike shop and left signing a non-compete, does this cover a mobile bike repair business?

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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 5 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.


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