If you’re a gym owner worried about a coach leaving and taking your clients with them, you’re not alone. It’s one of the top concerns among fitness business owners. But many don’t realize that the legal tools they’re relying on—like non-compete clauses—may not hold up in court.
What you really need is a carefully tailored strategy that uses enforceable contracts—especially non-solicitation provisions—to protect your gym without crossing legal lines. Let’s unpack the difference between non-compete and non-solicitation agreements, why it matters, and how to keep your gym protected.
What Is a Non-Compete Clause?
A non-compete clause is a contract term that prohibits a former employee or contractor from working for or starting a competing business within a certain geographic area and time frame after they leave your gym.
While non-competes sound like a powerful way to protect your turf, they’ve become increasingly disfavored—and in some states, outright banned.
Even if your state allows non-competes, courts often strike them down if they’re too broad, too long, or not backed by legitimate business interests.
What Is a Non-Solicitation Clause?
A non-solicitation clause restricts a former employee or contractor from actively reaching out to your clients or employees to lure them away. Unlike non-competes, non-solicits focus on behavior—not competition.
For example, a non-solicit clause might say:
“The departing coach may not solicit or attempt to solicit any clients or staff of the gym for a period of twelve (12) months following the termination of their engagement.”
Most courts are much more willing to enforce non-solicitation provisions, especially when:
- They are limited in time (typically 6–12 months)
- They are reasonable in scope (only cover current clients or staff)
- They are clearly written and included in a signed agreement
This makes non-solicits one of the most powerful legal tools gym owners can use to safeguard their community and revenue.
Why Gym Owners Must Know the Difference
If you rely on outdated or generic contracts with broad non-compete clauses, you may think you’re protected—but in reality, you could be left defenseless if a coach walks out and starts marketing to your members.
Here’s what can go wrong:
- You send a cease-and-desist for a non-compete. The coach ignores it, knowing it’s unenforceable.
- You lose members—but can’t stop it, because your agreement never addressed solicitation.
- You spend thousands trying to enforce a bad contract, only to lose in court.
On the other hand, a strategic, enforceable non-solicit clause can give you real legal leverage. You’ll have a clear path to stop solicitation and hold former coaches accountable, without triggering unnecessary legal battles over non-competes.
What Should Be in Your Staff Agreements?
To protect your gym while staying compliant with evolving laws, you should work with an attorney to include the following in your staff or contractor agreements:
- Non-Solicitation of Clients – Prevents outreach to your members after termination.
- Non-Solicitation of Staff – Stops poaching your team to start a competing gym.
- Confidentiality Clause – Prohibits disclosure of member lists, financials, and other sensitive info.
- Return of Property Clause – Requires return of keys, files, and any client data upon termination.
- Tailored Duration – Avoid long durations; 6–12 months is usually sufficient and more likely to be enforced.
Legal Protection Without Overreach
The goal isn’t to handcuff your coaches forever—it’s to prevent unfair competition and client poaching in the vulnerable window after someone leaves. A non-solicit gets the job done without violating state or federal law, and without alienating good coaches who want fair treatment.
If your contracts are old, copied from the internet, or based on outdated legal assumptions, now is the time to fix them.
Get Enforceable Staff Agreements for Your Gym
At Gym Lawyers PLLC, we help draft custom employment and contractor agreements for gyms that strike the right legal balance. We help gym owners protect their client base, their brand, and their bottom line—without crossing legal lines that could make the entire agreement unenforceable.
If you’re not sure your staff agreements are doing their job, reach out for a compliance review or a custom contract package. We’ll make sure your gym has the legal protection it actually needs—and nothing it doesn’t.
