Taking clients?

[funtimefranko]

Hello, im askingfor a friend... obviously in a contract it states about not stealing clients from the business... i have a friend who works from home and did once work in a salon. The clients liked her work and approached her about going to her home to use her services

Where does she stand on this as she's had threatening text messages of legal action blah blah. She has not approached any of these clients they have all approached her..

 

[FlawlessBeauty]

As long as she isn't chasing them down I think she is fine. We don't own our clients they are free to go where they like.

I think they are just trying to scare her. She would be perfectly in her right to put an add in the local paper with her picture saying where she is working now and contact info x

 

[funtimefranko]

As long as she isn't chasing them down I think she is fine. We don't own our clients they are free to go where they like.

I think they are just trying to scare her. She would be perfectly in her right to put an add in the local paper with her picture saying where she is working now and contact info x

Thank you for your comment. I think they're trying to scare her to. How mean lol

 

[AcidPerm]

There are two issues covered in these types of contract usually:

1. Not to poach salon clients directly.
An advert in a local paper or clients approaching her for her new address outside of the salon is fine.

2. Radius clause whereby you cannot set up in business within a limited radius of the salon (usually about half a mile) within a specified period, e.g. 6 months.

In hairdressing in particular, these types of clauses are often successfully challenged especially if you can argue that the clause is too restrictive and a restraint of trade. Hairdressing is not a niche trade and so all salons will already have competition from several outlets in the high street besides freelance stylists.

If she's still concerned, tell her to take her contract to her local legal advice centre to check it over.

 

[Baggybear]

The term "stealing clients" in a contract means that when you are working at that salon and you take the clients information and then contact them to offer your services away from the salon OR you give your contact details to the clients while at the salon so they can contact you for services away from the salon.

After you have left a salon you can't really steal their clients, you are free to message people and tell them where you now work (you can't use any infromation you took from the salon to contact clients as this is breach of data protection but if you know them or find them through Facebook & become friends etc.. then you are entitled to offer your services and treat the person if they wish to beome your client.), you are free to advertise and accept any clients that contact you from that advert and you are free to speak to people in the street and accept them as a client if they wish to come to you & you are free to accept any person that asks you to become a client no matter how they found you if they wish to be your client that is their choice.

 

[funtimefranko]

These replies are great thank you for your help