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Thank you for your question. Please permit me to assist you with your concerns.This is a very good question. From what I see, and please reply if I am wrong, you rented space in their location but you still had your own business identity, name, and your own clientele that had nothing to do with their clientele. In other words people came to see you, who happened to be in their location, but not to see them. That is most critical. While an independent contractor can be self-incorporated and their own entity, if you also were your own business, you did your own marketing and had your own signs, then you are your own person. The 'non-compete' does survive termination regardless if the contract ends naturally in two months or you terminate it out right, but it survives based on services they provide and now you provide also. If what you were doing is something they did not, it is not competition but only if you were known as your own individual. For example if you rented a space at "Mom's Salon" and your section was called "X's Spa" within the salon, that is enough to show a distinct identity and not enough for them to likely claim infringement. But beyond that they would have a basis to sue regardless if you terminate or it expires. The best option is not to tempt fate and move beyond 10 miles, but if that is not possible, find evidence that you were a separate entity and not their sub-contractor, which would make the agreement void, as that would make the non compete sections void also.Good luck.
Yes I have my own room with a key lock. I have a different" state registered name" for my spa. when my clients come in the salon they ask for me or my business. I have my own flyers, buy my own equipment and supplies, my own website, business license, book my own appointment, my own merchant account, my own business bank account, and do all my own advertising and specials, a few of the salon clients have come to me to get spa services but only a few and they have become regular clients now. but I have given them some clients to. because they do hair and I do skin care so we do not offer the same services.
Thank you for your follow-up.In that case you are describing more of a business entity within their property that is still a standalone entity, rather than a traditional independent contractor agreement. That makes all the difference and one that you can point to as a basis for why the non-compete is irrelevant as you were never there to compete with them in the first place. You never worked for them and therefore they cannot demand such terms of your going forward.Good luck.
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