non compete question
I am a manicurist with an independant contractor's license in the state of Ohio, and I am about to sign a lease agreement to RENT space in a salon in Ohio. The owner/landlord has put a non compete paragraph within the lease. Can this be enforced since I won't be an "employee"? (It's for 1 year, and a 5 mile radius)
1 answer | asked Jul 24, 2007 11:09 PM [EST] | applies to Ohio
Answers (1)
Non-competes can bind independent contractors and lessees
A non-compete agreement is a contract. As long as the contract meets the requirements of a valid contract (offer, acceptance and consideration), a court will enforce it, subject, however, to the usual requirement that the restrictions imposed by the non-compete is not greater than that necessary to protect the other party's legitimate business interest.
A lease is, technically, not a contract. However, a non-compete agreement contained in a lease probably is a contract and therefore, as stated above, will be generally enforceable. Thus, if you are renting space from another manicurist or someone else who has a legitimate interest in avoiding competition with you, do your best not to sign the non-compete unless you are willing and able to abide by the restrictions in it once your lease agreement is over.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jul 25, 2007 08:40 AM [EST]
A non-compete agreement is a contract. As long as the contract meets the requirements of a valid contract (offer, acceptance and consideration), a court will enforce it, subject, however, to the usual requirement that the restrictions imposed by the non-compete is not greater than that necessary to protect the other party's legitimate business interest.
A lease is, technically, not a contract. However, a non-compete agreement contained in a lease probably is a contract and therefore, as stated above, will be generally enforceable. Thus, if you are renting space from another manicurist or someone else who has a legitimate interest in avoiding competition with you, do your best not to sign the non-compete unless you are willing and able to abide by the restrictions in it once your lease agreement is over.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jul 25, 2007 08:40 AM [EST]
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