Can a non-compete be enforced on a 1099 employee?

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

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Contract with Personal Trainer or Training as Self-Employed...

Riverside California Contract with Personal Trainer or Training as Self-Employed Independent Contractor - Covenant not to Compete and Confidentiality

Name: Riverside California Contract with Personal Trainer or Training as Self-Employed Independent Contractor - Covenant not to Compete and Confidentiality
Brand: US Legal Forms
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Category:

Contracts - Personal Trainer

State:

Multi-State

County:

Riverside

Control #:

US-01818BG

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Description

A personal trainer is an exercise professional with the knowledge and experience to offer advice and guidance in the areas of exercise and fitness. These professionals can assist you by designing a safe and effective exercise program to help you reach personal goals. A personal trainer can assist with weight loss, exercise performance and improved wellness.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Riverside California Contract With Personal Trainer Or Training As Self-Employed Independent Contractor - Covenant Not To Compete And Confidentiality?

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Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.

compete is not enforceable in the State of California. Under California Business and Professions Codes, the law prohibits an employer from restraining anyone who is engaged in legal practice or trade. Any existing noncompete agreements in California are considered null and void by courts.

LEXIS 53456 (S.D. Cal. Feb. 3, 2021), the court held that restrictions during either employment or an independent-contractor relationship do not violate California Business and Professions Code section 16600.

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

If you lack a legitimate business interest, your non-compete agreements in Florida will be void.

Under Florida law, in certain circumstances, an independent contractor agreement can contain an enforceable non-compete clause. Florida courts will uphold a non-compete agreement if the non-compete clause is reasonable in geographic scope and reasonable in its time-frame.

A Restraint of Trade clause can never be inserted in a true Independent Contractor agreement - it is quite simply unenforceable. You cannot restrain your plumber or painter or electrician from taking on other work, or from the painting the buildings of companies in opposition to you.

In California, agreements that prevent an employee from competing against a former employer are generally unenforceable. The California Business and Professions Code treats such noncompete agreements as against public policy and void.

You can create a noncompete agreement, nondisclosure agreement, nonsolicitation agreement, or independent contractor agreement yourself, but it is best to have help from a legal expert, such as an attorney or online service provider.

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Riverside California Contract with Personal Trainer or Training as Self-Employed Independent Contractor - Covenant not to Compete and Confidentiality

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How to fill out Riverside California Contract With Personal Trainer Or Training As Self-Employed Independent Contractor - Covenant Not To Compete And Confidentiality?

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FAQ

Does California enforce non-compete agreements?

Are non competes for independent contractors enforceable in California?

Does 16600 apply to independent contractors?

Can a non-compete be enforced on a 1099 employee?

What voids a non-compete agreement in Florida?

Can an independent contractor be held to a non-compete in Florida?

Can an independent contractor have a restraint of trade?

Is a non-compete clause valid in California?

Can an independent contractor be subject to a non-compete Illinois?

Interesting Questions

What is a covenant not to compete?

Why does Riverside Contract with Personal Trainers include a covenant not to compete?

What happens if a personal trainer violates the covenant not to compete?

What is confidentiality in the context of a personal training contract?

Why is confidentiality important in the personal training industry?

What happens if a personal trainer breaches the confidentiality agreement?

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