4 ms·
A coworking space wants me to sign a 2 year non compete just to be a member
Just a reminder for you to READ before you sign things. Tucked into the rental agreement was this extremely onerous non-competition clause
11. Non-Competition and Non-Solicitation:
a. You hereby agree that while you are receiving the Services and/or using Your
Designated Space, and for a period of twenty-four (24) months thereafter, you and to the
extent you control your Members, your Members, will not, without our prior written
consent, directly or indirectly:
1) Engage or assist others in engaging in any business or enterprise (whether as
owner, partner, officer, director, employee, consultant, investor, lender or
otherwise, except as the holder of not more than 1% of the outstanding stock of a
publicly-held company) that is competitive with * business, including but
not limited to the business or enterprise of providing licensing desk or office
space or other office services to third parties on a temporary and/or permanent
basis, anywhere in New York, New Jersey and/or Connecticut; or
- nodesocket 8y agoMhewwwww, not to worry unless you think your going to get into the co-working market. Even then, almost always non-competes don't hold up in court.
- ezl 8y agomaybe, but it seems super onerous. rather not sign things just because "it probably won't matter anyways"
- hogu 8y agoI'm almost certain this one isn't enforceable and I probably won't ever do anything in that space (but remember that also means taking software contracts from coworking spaces as a consultant) but I still won't sign something onerous just so I can pay someone money to work in their office
- ezl 8y agoThis is insane. you can't "engage or assist others in any business ... that provides space ... or other office services to third parties"? So potentially excludes: - an IT company that runs cable to other offices - a snack and coffee delivery company - a paper recycling company - providing wifi to buildings with offices ? Just for the privilege of paying them for office space? PASS
- bigiain 8y agoAlso remember you can always treat agreements as negotiations. Tell them you don't agree to that part and cross it out and see what their response is. (For the record that's always worked for me in employment contracts where the first offer has been some ridiculously broad non-compete. I've always has some variation of "Oh yeah - that's just HRs standard boilerplate, obviously we don't mean to have that apply to _you_ - just cross it out and I'll initial and sign it without that clause...")
- hogu 8y agoI did - I spoke to the cofounders about it and they were firm - they believe they need it to keep someone from running off with their intellectual property (I'm not sure exactly what IP a coworking space has...)
- bigiain 8y agoI'd respond with "OK, thanks. I won't waste any more of your or my time here then..." Even if there are no other competing coworking spaces to use locally there's bound to be other temporary/occasional desk space options if you look around hard enough, and _I_ would choose not to be contractually obligated to those sorts of arse-clowns. (Intellectual property in co-working space??? _Seriously??? Patent it or GTFO...)