From: the_dojang-owner@hpwsrt.cup.hp.com To: the_dojang-digest@hpwsrt.cup.hp.com Subject: The_Dojang-Digest V6 #585 Reply-To: the_dojang@hpwsrt.cup.hp.com Errors-To: the_dojang-owner@hpwsrt.cup.hp.com Precedence: The_Dojang-Digest Mon, 6 Dec 1999 Vol 06 : Num 585 In this issue: the_dojang: Re: BJJ classes in Seoul the_dojang: GM Ji the_dojang: RE: Noncompete Agreements the_dojang: . ========================================================================= The_Dojang, serving the Internet since June 1994. ~710 members strong! Copyright 1994-99: Ray Terry, California Taekwondo, Martial Arts Resource Replying to this message will NOT unsubscribe you. To unsubscribe, send "unsubscribe the_dojang-digest" (no quotes) in the body (top line, left justified) of a plain text e-mail addressed to majordomo@hpwsrt.cup.hp.com. To send e-mail to this list use the_dojang@hpwsrt.cup.hp.com See the Korean Martial Arts (KMA) FAQ and online search the last four years worth of digest issues at http://www.MartialArtsResource.com Pil Seung! Ray Terry, PO Box 110841, Campbell, CA 95011 KMA@MartialArtsResource.com ---------------------------------------------------------------------- From: "Ron Bain" Date: Fri, 4 Jan 1980 11:33:40 -0500 Subject: the_dojang: Re: BJJ classes in Seoul Anthony, Thanks. Exactly the answer I was looking for. Ron <><><><><><><><><><><><><><><><><><><><><><><><> Ron Bain's Taekwondo Hapkido Web Guide http://www.cyberbeach.net/~bainr/martial.htm <><><><><><><><><><><><><><><><><><><><><><><><> > I believe an individual named John Frankl often places a classified in the > Korea Herald advertising BJJ classes in Seoul. Anyone in the Seoul area > wishing to pursue this avenue of study should have no trouble in finding his > advertisement. His e-mail address is jmfrankl@fas.harvard.edu ------------------------------ From: Ray Terry Date: Sun, 5 Dec 1999 08:09:41 -0800 (PST) Subject: the_dojang: GM Ji FYI... I received a phone call with sad news from Hapkido Grandmaster JI Han-jae yesterday. His elderly mother is VERY ill and he is on his way back to Korea asap. Please focus your supportive thoughts his and her way. Ray Terry rterry@best.com ------------------------------ From: "LESTER, CHARLES" Date: Mon, 6 Dec 1999 10:12:59 -0500 Subject: the_dojang: RE: Noncompete Agreements >It said I could not open a school within 50 miles of any existing schools >my instructor had for a period of 10 years after I disassociate with him. >I was given nothing in return for signing, other than the being allowed to >be an instructor, for no pay. > >Currently, he has this noncompete clause on the back of the standard contract >that all new students sign upon enrollment. > >Is this type of noncompete agreement enforceable? I don't remember all the requirements off the top of my head (that's why I have reference books), and each state is different (different statutes which control, different case law interpreting both the statutes and common law), and each specific situation must be examined for its own unique facts, but with those caveats in mind..... Generally, a contract requires a meeting of the minds and consideration. Consideration must be something of value: if it's money (even $1), most courts will not look into the adequacy of consideration; if its not money, the court _may_ look to see whether the consideration is adequate. Non-compete agreements are a special area of contract law: in this country, they are typically disfavored (public policy, free enterprise considerations, etc), so the courts tend to examine those more closely. Typically if the restriction is reasonable in scope (geographic and time) and there is consideration for the restriction, the courts will uphold the agreement. If the restriction is not reasonable, the courts will typically strike them down. 50 miles and 10 years seems a bit unreasonable, but then I'm not a court. Also, having a student sign such agreement as a condition of being taught should supply some consideration, but your case may be more questionable. There is no question that the school could sue, the questions are, (1) can it win and (2) are you willing to pay to prove yourself right? All that being said, I would suggest getting the advice of an attorney in your area as to whether the agreement is enforceable or not. Charles Lester clester@quixnet.net ------------------------------ From: Ray Terry Date: Mon, 6 Dec 1999 07:28:09 -0800 (PST) Subject: the_dojang: . ------------------------------ End of The_Dojang-Digest V6 #585 ******************************** It's a great day for Taekwondo! Support the USTU by joining today. US Taekwondo Union, 1 Olympic Plaza, Ste 405, Colorado Spgs, CO 80909 719-578-4632 FAX 719-578-4642 ustutkd1@aol.com http://www.ustu.com ===================================================================== To unsubscribe from this digest, the_dojang-digest, send the command: unsubscribe the_dojang-digest -or- unsubscribe the_dojang-digest your.old@address in the BODY of an email (top line, left justified) addressed to majordomo@hpwsrt.cup.hp.com. Old digest issues are available via ftp://ftp.martialartsresource.com in pub/the_dojang/digests. All digest files have the suffix '.txt' Copyright 1994-99: Ray Terry, Martial Arts Resource, California Taekwondo Standard disclaimers apply.