Radius clause and advertising

[Hunibun90]

Hi I’ve just handed in my notice and I’m abit confused as to what I can and can’t do and even if I can advertise my own business.
After working in a salon employed for 5 years I have handed in my notice and am going to go self employed
She reminded me to read my contract on the soliciting clients part
This is what it states

‘after leaving employment, you will not trade or open premises or canvas customers within a 1 mile radius for a period of 6 months. In addition you must not utilise the salon name for any promotional purposes

Solicit or canvas the custom of any person or company who at any time during the 6 months prior to the termination of your employment was a customer of the company”

Where I’m renting a room is 3 miles away but in the same town
Now I haven’t told any clients that I am leaving, but I do ave quite a few on my social media who added me
I would like to know whether I can advertise on my social media or is this a no?
I take it I wouldn’t be able to leaflet drop in the one mile radius but I don’t know what happens with the social media side of things.

Also if a client finds me am I not allowed to do their treatments for 6 months? That seems unfair to me and up to the client where they want

 

[Peachbubbles]

Hi I’ve just handed in my notice and I’m abit confused as to what I can and can’t do and even if I can advertise my own business.
After working in a salon employed for 5 years I have handed in my notice and am going to go self employed
She reminded me to read my contract on the soliciting clients part
This is what it states

‘after leaving employment, you will not trade or open premises or canvas customers within a 1 mile radius for a period of 6 months. In addition you must not utilise the salon name for any promotional purposes

Solicit or canvas the custom of any person or company who at any time during the 6 months prior to the termination of your employment was a customer of the company”

Where I’m renting a room is 3 miles away but in the same town
Now I haven’t told any clients that I am leaving, but I do ave quite a few on my social media who added me
I would like to know whether I can advertise on my social media or is this a no?
I take it I wouldn’t be able to leaflet drop in the one mile radius but I don’t know what happens with the social media side of things.

Also if a client finds me am I not allowed to do their treatments for 6 months? That seems unfair to me and up to the client where they want

To me I’d say you are allowed to advertise on your social media. You had clients on there as friendships and the fact that you are now starting up shouldn’t affect that.
If you were to directly approach them and tell them at the salon is different. But your using your social media as a free advertising tool, that’s totally your right to do so.

Good luck in your new adventure!

 

[Trinity]

To 'solicit' is 'ask for or try to obtain (something) from someone' as per Google
To 'canvass' is 'to go through (a district) or go to (persons) in order to solicit orders..' as per Google

In other words you cannot ask or approach those who were clients of the salon in the previous 6 months. That doesn't mean if they find you you cannot offer them services.

3 miles away is plenty

Non compete clauses are notoriously difficult enforce anyway

Good luck with your new venture

 

[AcidPerm]

If your new salon is 3 miles away, you can set up and advertise in any way you want to. Clients are not bound by any contract clauses and can choose to go wherever they want to.

Yes, you can advertise absolutely anywhere including leaflet drop on the same street as her salon, if you wanted to.
She cannot prevent you advertising your new business as it’s your livelihood.

However, you’ll probably find posting regularly on social media will be enough for your previous clients to find you, if they want to.

Good luck with your new venture.

 

[Hunibun90]

Thanks everyone