Non-compete clause

[fyrmnk]

Hi all,

I am talking with a potential sub-inspector. I am looking for examples of non-compete clauses and hold-harmless/waiver of liability agreements (such as if a sub is injured on an inspection for my company) that I could adapt and use. If anyone could help, my email is KevinW@alliedhomeinspections.com

My fax # 816-452-4244

Thanks in advance for any assistance. I really appreciate it, this is a new arena for me.

[Scottpat]

Depends on your state. In MS non-compete contracts are not enforceable as MS is a right to work state, you might want to do some research for your state.

[fyrmnk]

Thanks for the replies.

I have checked with my accountant already and it will be a sub, not using as an employee. I also have coverage for 1 sub-inspector on my E&O. Thanks for any other input. Kevin

[Les]

Go to your atty and ask him/her to advise you. The "harmless" clause is easy. The non-compete is always difficult, but can be done in even right to work states. They are never found 100% enforceable.

The real issue usually is the process you use, not the fact you want to stop them from doing inspections. I have had lots of people leave this company over the years and never had any real problem with any competetion. I have had to remind them they can not use my process, which includes my actual form. I had a conversation with one young guy reminding him he could not use the phrase "I don't give a rip if you buy this house or not - I just want you to better understand it after I'm done here". In Mich that is protected. Check with your Atty.

I have been doing this for a long time and am still of the opinion no one I train, let ride along, use as a sub or just plain help has ever "hurt" me. In fact most have helped me while competing with me.

If you are doing it right no sub will ever be able to damage your business over the long term. It may sting for a while - take the high road!