skullsplitter Posted June 9, 2015 Posted June 9, 2015 One of our instructors left and has opened a new school about 10 minutes away. I was surprised that our owner did not have a no compete clause in place. Is a no compete clause common in the martial arts world or do most use an honor system?It's been an interesting few weeks watching to see who, if anyone, is leaving for the new school. So far just one family.
DWx Posted June 9, 2015 Posted June 9, 2015 One of our instructors left and has opened a new school about 10 minutes away. I was surprised that our owner did not have a no compete clause in place. Is a no compete clause common in the martial arts world or do most use an honor system?It's been an interesting few weeks watching to see who, if anyone, is leaving for the new school. So far just one family.At least in my experience its unusual to have any form of contract for assistant instructors unless they are full employees of the dojo and are being paid a wage. Perhaps naively so most instructors operate on honour and good will. But to be honest, most non-compete clauses (even in the normal world) aren't worth the paper they are written on. I think in most instances the only thing it would bar him from doing is actively seeking out and recruiting students specifically from the current school. He still has a right to train himself and to make a living. "Everything has its beauty, but not everyone sees it." ~ Confucius
liger Posted June 9, 2015 Posted June 9, 2015 This one is weird to me on the fact that people find it weird that people want to stretch out on there own and open there own school.My teacher wants us all to be able to replace and/or start our own once we are ready to. He wants us to be able to replace him if something happens to him. The idea of a non compete in martial arts seems contradictive since isn't your goal if you are an assistant instructor to start your own at some point. Now for the close part seems a little close yet how big is the town/city they are in. Was it the only place for rent that was a reasonable price?We are a little weird and believe in all local schools getting along. Yet that seems to be the atmosphere of most of the local dojos.
Nidan Melbourne Posted June 10, 2015 Posted June 10, 2015 Our sensei doesn't really mind at all because he wants us to teach for him as branch instructors or to run our own schools one day. If we decided to leave to run our own schools, he hopes that we come to train with him whenever we can. He dislikes the idea of non-compete clauses because it inhibits our ability to spread karate to the world. Considering he wants us to grow and often teaching and running our own schools will help with that
liger Posted June 10, 2015 Posted June 10, 2015 Our sensei doesn't really mind at all because he wants us to teach for him as branch instructors or to run our own schools one day. If we decided to leave to run our own schools, he hopes that we come to train with him whenever we can. He dislikes the idea of non-compete clauses because it inhibits our ability to spread karate to the world. Considering he wants us to grow and often teaching and running our own schools will help with thatGlad to see there are more like mine.
sensei8 Posted June 10, 2015 Posted June 10, 2015 This is 2015, and not the age of yesteryear! There once was an unwritten time where things of this type was going on. And in that, no one could open up a dojo within 25 miles of an established dojo without FIRST obtaining permission from that already established dojo; this included STUDENTS of that said established dojo.I saw it happen from time to time within the San Fernando Valley. Sometimes the dominating dojo dictated these sort of things within their region; however, regions there were scaled down to 10 miles because the width and the breath of the San Fernando Valley was approximately darn near that 25 miles; that region that size would allow 2-3 regions, at the best.Thankfully, that type of control died out the more and more the different styles of the MA began opening, especially during the 1980's when the MA boom began to grow and grow like wildfire.Nowadays, that type of control ends almost as quickly as it started. How? Dojo's/CI's and the like have gotten smarter on how to combat that type of bullying, imho, it is bullying one dojo after/over another.Just say NO!!I wholeheartedly concur with CI's wanting to see their students open up their dojo's in which the students dojo becomes a branch of the CI's own dojo as it is a proponent of the style being taught. I've never had a competitive clause because, as it's already been stated, it's not worth the paper it's written on UNLESS a employee/employer relationship exists, and even there will need it written in such a way that the paper it's written on is a binding contract; get a lawyer for that.All over the Southern California, circa 1993, a company called the Young Olympians (YO) taught karate and cheerleading to school age children in a plethora of venues, and charged each students $4 per class over 3 months. All the instructors were paid $1 per student per class, plus a commission for a variety of MA equipment sold. Now, these instructors signed a binding contract for a non-competitive clause, and this meant that they couldn't open up a similar model for 1 year after their employment with the YO ended.What's one to do?!? Teach your students, and let them teach theirs!! **Proof is on the floor!!!
Luther unleashed Posted June 10, 2015 Posted June 10, 2015 I taught for about a year in a studio. Long story but the place I taught for as an assistant instructor had 2 locations, a stand alone place, and a rec center. Btw I had no other experience in teaching, just a passion, drive, and a natural ability I guess. I was set to take over the rec center in January 2015. The master of the school was very happy with my abilities and I ran full classes. He wanted much more training time then I could give and I told him I just couldn't spend 5 days a week there anymore 4hrs a night. He felt I needed to dedicate that much time or I was not going to take over his school. I told him I just couldn't anymore and needed to spend time with my family some evenings. Next thing I know he announced the programs closure on Facebook, that's how I found out. I went looking for a place to teach, after a little over two months I couldn't find a place to teach, but there was a place to teach, it was the rec center he was closing. As insulted as he may be I saw an opportunity to live my dream, no spite for him, not animosity, just going for my passion. So, that was 6 months ago, I started with 7 students in the first month. I am now over 30 students and going strong with 4 seperate classes twice a week. I didn't move up the street from my instructor, I moved into his old place. I hated to do it but it felt like the only way at the time. I'm open to peoples comments or opinions about it weather good or bad, but in the end I speak as the "assistant instructor" the tittle speaks about in a sense, and I feel that any instructor that doesn't support you on your endeavor probably has a greedy or selfish side. As somebody posted above, what was the situation exactly in which somebody left a dojo and opened one up the street. Either way, I would choose to be farther away, just like I would choose to not take over my instructors exact location after he closes it... BUT things happen and sometimes you got to do what you got to do! Hustle and hard work are a substitute for talent!
ShotokanMaster Posted June 10, 2015 Posted June 10, 2015 In my Opinion you can have your own studio if your really ready to teach and you have the ok of the head instructor and make sure your school runs smoothly and you have to know your foundation and what to teach the class like the basic katas, technique or sets and make sure you got the money to run your studio aos you have to make your school fun too so y'all can have a fun time and learning in karate I love Shotokan Karate Do and American Kenpo Karate
Spartacus Maximus Posted June 10, 2015 Posted June 10, 2015 If one is ready and has the ability to teach as well as whatever else is necessary, there is no reason that this person should not be allowed to do so in whatever location is available.The type of control Sensei8 mentioned sounds rediculous. How would an established dojo possibly enforce the non-compete idea? What happened when someone ignored it?
skullsplitter Posted June 10, 2015 Author Posted June 10, 2015 I don't have a problem with he or anyone else opening a school. In previous jobs I was prohibited from leaving a company and going to work for a competitor, etc. That's why I asked. I don't know how things work in the MA world.Some background though. This was not a clean break from our school. Notice was given that he was leaving via a text message of all things. Recruiting had been going on previous to his leaving. There are some veiled shots at our school on the new school's web site. Thanks for all of the responses.
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