| A lot of studios are trying to make teachers sign these ridiculous agreements that say they will not teach yoga at any other studio within a certain radius of the said studio for up to a year or more!!!! I was insulted and appalled when after 5 years of teaching I was asked to sign this for a new studio- It's funny to me that it has evolved that Yoga instructers who make so little, are expected to sign these things! Are they for real?! but I hear it's become quite the norm! Chefs among thousands of other proffessions are not expected to , yet resteraunts stand just as much to lose if their talent goes, well here is what I wrote back- I hope this inspires others to do the same! WE'RE NOT GOING TO TAKE IT!!!! We should Unionize or something! THis is a democratic country and a capatilist one , not a monopolistic one- deal with it!!!!!! HERE's WHAT I WROTE:
I received the non-compete agreement in the mail and looked it over with my Husband. I cannot, in good conscience, sign such an agreement as written. I am sure many people simply sign these agreements without thinking about what they mean or understanding their legal ramifications, then simply do whatever they are going to do without concern for what was signed, but that is not how I prefer to behave.
Though I am fine with the terms of the non-raid clause, (This is a clause that says you cannot poach the teachers from the studio, and they cannot work for you for up to a year- even if they come to you on their own) my husband remarked after reading it, that when he left a job two years ago in game design they paid him $20,000 to sign a less restrictive version of such a clause. The classes I will be teaching at SAID STUDIO do not even guarantee that I will make $40 a a class, since it is comission based, yet I am being asked to sign a more restrictive agreement.
The non-solicitation agreement takes away my rights to teach one-on-one classes to anyone coming to me or at another studio, regardless of if I have had any contact with them. Additionally, SAID STYLE or a 'similar format' is a very vague definition – to a judge, any form of exercise would probably be considered similar.
The non-compete clause attempts to remove my rights to teach at many studios in the area, and as a freelance yoga teacher, who will only be teaching the one class at your studio, I make my living off of working at many different studios. For me to wave such a right, I would need to be earning enough from your studio that I don't have to work at all at other studios, and even then expecting me to not work in the area for up to a year after leaving your studio without compensation doesn't make sense. For example, your studio could, God forbid, close, then a studio in SAID TOWN may open, and I would not be able to teach a class in the style I choose, for up to a year. My husband has also signed non competes in the past, and they have all guaranteed his full time salary during the non-compete period.
In most states, non-compete agreements are unenforceable, and when taken to court are almost always thrown out. More importantly, they put an employer on the wrong foot with an employee by placing a large amount of legal weight and mistrust at the front of the relationship. I do not believe this leads to a healthy business relationship, as in all relationships a measure of trust makes them better. For $40 a week which isn't even guaranteed, I feel it is quite excessive to expect anyone to give up so many of their rights for so little compensation. I cannot know what opportunities might exist in the future, and it would be foolish of me to close so many doors for so little compensation.
Perhaps a modified version of a contract as follows would be acceptable:
1.You can leave non- Raid as is.
2.You can leave non-solicitation “a” as is, but take out “b”- or modify it to say that I cannot in any way approach students for one on one classes, but they can come to me on their own accord
3. You can take 3 out for the above reasons. (non-compete)
4.You can leave Non-disclosure as is. (you can't steal their database of students and use it to form your own)
I really hope that you understand my situation and reasons for not being able to sign such a document. I've always stuck up for what I believe, and I think that the true meaning of yoga encompasses an effort to be true to what we really are. I certainly understand your wanting to protect yourselves, however this document seems extremely excessive and expects me to give up far too many of my rights for such little compensation. I need to protect myself as well.
THen I ended on a good note telling them I still remained very excited to work at their studio, and that hopefully I still would.
Sincerely,
Stand up for YOURSELF!!!!!!
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| You raise some valid points.
I have worked at several studios that have NOT broached the topic of a NCA.
Frankly, my general reply to such a thing is "no thank you, this is not the right place for me to teach".
It is fairly common in other fields to have NCA's for employees, mostly so they do not run off with your business and operate it two blocks away with YOUR clients. They are, generally speaking, very difficult to enforce and quite costly.
Your letter seems to be written from a place of integrity and any yogi would respect that, as I do.
I believe if we, as yoga teachers, were to operate in our lives, our teaching, and our business with that very integrity then these "agreements" would be deemed "unnecessary" by studio owners and directors. Though there may always be one or two rogues in the bunch. |
STAND UP AGAINST NON COMPETES!
