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I'm a new affiliate owner and as part of the affiliate agreement I had to sign, the following clause was contained:

(e) In no event shall Affiliate require its trainers or employees to execute
noncompetition agreements, provided that an Affiliate may protect confidential client

According to this clause I couldn't have an employee sign a non-compete and still be in compliance with my affiliate agreement.

Hey Eric! It appears to be moot anyway. In our case, when we signed our Affiliate Agreement, we'd just been threatened with a noncompete that our first Trainer had signed elsewhere. We got some gratis advice to ignore the threat, and it never materialized. After a few great conversations with our attorney this week, I'm realizing that a nonsolicitation clause is better for everyone concerned ANYWAY, and more likely to be enforced. I can see why HQ included that clause in the Affiliate contract - it's the nature of the industry, sadly - and they wouldn't want to slow the expansion of CrossFit through the legal limitation of trainer progression into ownership. Another great way of being fair to everyone, that came from Lisbeth Darsh, was this agreement: she pays for Certs for trainers, but they're required to reimburse her if they quit. Great stuff.

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