Solicitation of Clients Clause

[Unhappygirls]

Advice please -I was working as a self employed Home dog boarder for a third party franchise.
I signed a ‘Best Practice Agreement’, one paragraph states:
”I agree not to solicit or to provide any pet related services directly to any clients introduced to me by the Franchise”.
The Franchise has now, with immediate effect terminated our host/Pet carer role.
There is no time frame mentioned anywhere in the Best Practice Agreement.
Has this any legal standing?
If I contact any of the clients, is this enforceable?
Thanks

[Kati]

Re: Solicitation of Clients Clause

Tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[Unhappygirls]

Best Practice Agreement advice please

Advice please -I was working as a self employed Home dog boarder for a third party franchise.
I signed a ‘Best Practice Agreement’, one paragraph states:
”I agree not to solicit or to provide any pet related services directly to any clients introduced to me by the Franchise”.
The Franchise has now, with immediate effect terminated our host/Pet carer role.
There is no time frame mentioned anywhere in the Best Practice Agreement.
Has this any legal standing?
If I contact any of the clients, is this enforceable?
Thanks

[slainte caragh]

Re: Best Practice Agreement advice please

tagging [MENTION=51026]Ula[/MENTION] and [MENTION=26290]mariefab[/MENTION]

[ULA]

Re: Solicitation of Clients Clause

The provision of that clause (a restrictive covenant RC) is, as it says, there to deter you from approaching clients that have come to you via the franchise operations once your arrangement with them ceases. It is common practice, however they do normally have a timescale in which this clause is effective e.g. for a period of 6 -12 months and you have indicated there is time limit given.

In theory yes if you did approach and/or succeed in providing services to client directly that had originally come via the franchise then you would be in breach of this clause. The consideration would then be are the franchise likely to take legally action?

The clause however does not restrict you from continuing as a "

host/Pet carer" so long as you do so by attracting new clients and not those who originally came via the franchise.

[ULA]

Re: Best Practice Agreement advice please

Answered on this thread.

http://legalbeagles.info/forums/show...Clients-Clause

[Kati]

Re: Best Practice Agreement advice please

Answered on this thread.

http://legalbeagles.info/forums/show...Clients-Clause

threads merged xx

[Unhappygirls]

Re: Solicitation of Clients Clause

It’s really difficult because clients, that have never met the franchise owners, have approached us as soon as they found out, as they no longer wanted to deal with the franchise.

without a time frame, what are the chances/costs for the franchise taking legal action against us?

many thanks

[Kati]

Re: Solicitation of Clients Clause

Surely if they approach you, you can claim that you are not breaching the clause ?? Would I be right in thinking that [MENTION=51026]Ula[/MENTION]?

[ULA]

Re: Solicitation of Clients Clause

Is there any intro fee or % of fee from the owner that has to go the franchise if they "intro" someone to you. If the latter and you have already paid it then you could argue there is no-going revenue the franchise is due from that owner.

Not knowing the franchise I cannot say what their appetite would be to pursue the matter it may depend on how much ongoing revenue (if that is the arrangement you have with them) they stand to loose by these owners coming to you direct.

Does the franchise have a lot of franchisee's and how far apart are they?

@ Kati that may be an option, however at the very least [MENTION=112616]Unhappygirls[/MENTION] would (to cover themselves) have to get the owners to declare in writing that they have approached them and that they have not been "solicited" by [MENTION=112616]Unhappygirls[/MENTION]. Would need to look into this further