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My question has to deal with the clauses in the noncompeting…

My question has to deal...
My question has to deal with the clauses in the noncompeting agreement listed below. If XYZ company terminates an instructor, or they leave on their own free will, can that instructor teach a similar program with another entity using XYZ’s student manual that is sold to the general public if they buy the book and not replicate it? Meaning does the terms below prevent the instructor to go elsewhere with another company and teach using the XYZ student manual as the course material with the other program? It is our understanding the XYZ student manual is not a trade secret and sold to the general public as an excellent reference tool for everyone to use. Also the instructor candidate paid XYZ company for the instructor training out of their own pocket and the agreement was presented to the person after payment was made for training and they were not allowed to get a refund for their training fees.Contract clauses:Termination.XYZ Company may terminate this Agreement “for cause.” Termination shall be effective immediately.a. Upon termination of this Agreement, the Instructor agrees to immediately discontinue all use of XYZ copyrighted materials, certification marks, and trademarks, and any other items that bear the same.General Provisions.a. Copyrighted Material. All materials, books, processes, and procedures involved in the XYZ Instructor class, certification course, and all other XYZ courses are copyrighted by XYZ. Instructor acknowledges that all such copyrighted material is owned by XYZ and shall remain the property of XYZ.
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Answered in 4 hours by:
3/27/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,955
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It would be impossible to enforce such a clause, although this clause does purport to say that upon termination the instructor will cease using all of the copyrighted material of XYZ and the book is copyrighted. The reason it is impossible to enforce is because if the instructor worked somewhere besides XYZ and bought the book as a member of the general public, they could use the book to teach and as such XYZ would not likely be able to enforce that clause. But again, it does purport to try to prevent the instructor from taking any XYZ copyrighted materials to use in other purposes.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,955
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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