PaceSet

PaceSet is a stealth-stage startup in the fitness industry.

We've observed a flurry of employers asking fitness instructors to sign non-compete agreements, and we had some questions about that. Our questions are below, and you might want to copy and paste them into your favorite AI...

You're a sharp writer who knows US employment law. Write a plain-language guide for fitness professionals on how non-compete agreements work. Assume no legal background for the reader.

Please ask me to clarify which state I live in before proceeding, so that detail can help inform the document.

Answer these, roughly in order:
  • What clauses broadly comprise a "non-compete," and how do non-solicitation, confidentiality, IP/work-for-hire, and non-disparagement clauses differ from a real one? Which hold up?
  • Is there a national ban, or is this state law? Where does federal law stand now?
  • What do courts weigh on enforceability — duration, geography, scope, the interest protected, pay, tolling or extension language?
  • Does it change anything if the clause was added after I was hired? Can I refuse to sign a non-compete if present in a contract I'm offered?
  • How do I tell which state's law governs my contract? Does where I live and work change that? Does moving my residence matter?
  • Which states matter most, and how do they differ? What about California, Washington, and New York? Do any of these states (or my current state of residence) have related laws changing or taking effect?
  • Where's the line between announcing a move and unlawfully soliciting a former employer's customers? Does repeating it matter? What about social media posts featuring completed or upcoming workouts at a new employer?
  • What should I ask my own lawyer?
Voice: write like a sharp human for a sharp reader. Vary sentence length, cut buzzwords and throat-clearing transitions, stay concrete, keep the rigor. No AI drivel. Guardrails: state plainly document is general information, not legal advice; send readers to their own attorney. Stay neutral; disparage no company; emphasize understanding and compliance, not evasion. Format: 1,500–2,500 words, short disclaimers top and bottom, a "questions for your lawyer" list.