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	<title>Comments on: Non-Compete Agreements:  They Can Work</title>
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	<description>Online Marketing and Industry News for spas, salons and massage therapists</description>
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		<title>By: Laura</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-31465</link>
		<dc:creator>Laura</dc:creator>
		<pubDate>Sun, 15 Aug 2010 17:16:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-31465</guid>
		<description>I think it&#039;s silly to have this. I if your business is good, you should encourage antrpanuers. It shows the therapist that being good at what you do is important, and by having this following of customers shows customers what is important to us (therapists), that being, them (client) Who better to work for you than someone who wants to open their own business, they want to be good. That&#039;s the benefit. I personally, would only hire someone looking to be self-employed, they have the desire to be the best.</description>
		<content:encoded><![CDATA[<p>I think it's silly to have this. I if your business is good, you should encourage antrpanuers. It shows the therapist that being good at what you do is important, and by having this following of customers shows customers what is important to us (therapists), that being, them (client) Who better to work for you than someone who wants to open their own business, they want to be good. That's the benefit. I personally, would only hire someone looking to be self-employed, they have the desire to be the best.</p>
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		<title>By: Chris</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-28944</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Fri, 26 Mar 2010 15:31:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-28944</guid>
		<description>Do you feel that non-competes could be argued as monopolistic! It sure seems that they would! Sam Walton preached that competition was a great thing and really encouraged it.  It is the very reason we have P&amp;L&#039;s to look at in the first place.</description>
		<content:encoded><![CDATA[<p>Do you feel that non-competes could be argued as monopolistic! It sure seems that they would! Sam Walton preached that competition was a great thing and really encouraged it.  It is the very reason we have P&amp;L's to look at in the first place.</p>
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		<title>By: Angeline Papul</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-28833</link>
		<dc:creator>Angeline Papul</dc:creator>
		<pubDate>Tue, 16 Mar 2010 13:06:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-28833</guid>
		<description>Hi, I&#039;m an esthetician and am currently being warned by my ex-employe/salon owner to cease working at the current spa I&#039;ve been employed at for 2 weeks.  According to her non-compete agreement, I am within the 15 mile zone of her salon.  For the past 6 years of my life, I&#039;ve been a widow and raising my son on my own.  I left the industry for 6 months to start a business of my own and had to return since economic times.  Upon return, I was with her.  I resigned the contract in November and ran into conflicts with her managerial a styles and her unwillingness to work with my sons school schedule. After being shoved back and forth several times, I came to the conclusion I was going to place my two week.  The day of submitting my two weeks I was told to pack and leave. I called all of the clients who had followed me from my other salon to cancel and how I was treated after being faithful to my ex-salon.  Coincidently, the same day I stopped by my previous salon to pick up paper work from the past incident and was offered a position by its new owner.  I accepted it knowing of the non-compete agreement. 

The truth of the matter is she fired me. 2nd, she did exactly what she&#039;s telling me not to do is solicit the other salon&#039;s clients who followed me from the other salon. As commissioned based employees, she also took our Sundays twice a month and began working us for marketing 6 to 8 hrs non-pay for the salon.  3rd, her unwillingness to work with my schedule for my number one concern to quit... as a single woman raising and sole provider for a household, I make it always clear and upfront prior to my employment that my son&#039;s schedule is my priority.   Not only did she take all my days off for mandatory meetings but began scheduling them at 7:45 a.m. before school started.  At the end, she proved her authority over me by stating, &quot;Ultimately, I&#039;m your boss and you have to do as I say.&quot; 

Prior to working for her salon, I&#039;ve been in the area for 3 years and built my clients there as my previous employer did not have a non-compete.  How does she expect me to survive as a head of household and and caring for a child?   Salon owners need to empathize and be caring as well!</description>
		<content:encoded><![CDATA[<p>Hi, I'm an esthetician and am currently being warned by my ex-employe/salon owner to cease working at the current spa I've been employed at for 2 weeks.  According to her non-compete agreement, I am within the 15 mile zone of her salon.  For the past 6 years of my life, I've been a widow and raising my son on my own.  I left the industry for 6 months to start a business of my own and had to return since economic times.  Upon return, I was with her.  I resigned the contract in November and ran into conflicts with her managerial a styles and her unwillingness to work with my sons school schedule. After being shoved back and forth several times, I came to the conclusion I was going to place my two week.  The day of submitting my two weeks I was told to pack and leave. I called all of the clients who had followed me from my other salon to cancel and how I was treated after being faithful to my ex-salon.  Coincidently, the same day I stopped by my previous salon to pick up paper work from the past incident and was offered a position by its new owner.  I accepted it knowing of the non-compete agreement. </p>
<p>The truth of the matter is she fired me. 2nd, she did exactly what she's telling me not to do is solicit the other salon's clients who followed me from the other salon. As commissioned based employees, she also took our Sundays twice a month and began working us for marketing 6 to 8 hrs non-pay for the salon.  3rd, her unwillingness to work with my schedule for my number one concern to quit&#8230; as a single woman raising and sole provider for a household, I make it always clear and upfront prior to my employment that my son's schedule is my priority.   Not only did she take all my days off for mandatory meetings but began scheduling them at 7:45 a.m. before school started.  At the end, she proved her authority over me by stating, "Ultimately, I'm your boss and you have to do as I say." </p>
<p>Prior to working for her salon, I've been in the area for 3 years and built my clients there as my previous employer did not have a non-compete.  How does she expect me to survive as a head of household and and caring for a child?   Salon owners need to empathize and be caring as well!</p>
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		<title>By: Robin Steinmehl</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-28533</link>
		<dc:creator>Robin Steinmehl</dc:creator>
		<pubDate>Sun, 14 Feb 2010 17:01:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-28533</guid>
		<description>Wow! I cannot tell you how many therapists have solicited my business outside of the business where I have gone for treatment.  Almost every single time.  I enjoy the other perspective very much.  Thank you for addressing this issue.  I already had a Business Degree before starting Massage Therapy instruction and I never really thought about this issue from this point of view.  It is accurate and a huge ethical obligation to understand the effort and dedication shown on the owner&#039;s behalf.  I will never forget to remember it from this point on.

There is a difference when the client brings it up, however, I believe that the vast majority of the time, the therapist does solicite it. We need to do our own PR on our own dime.

Thank you.</description>
		<content:encoded><![CDATA[<p>Wow! I cannot tell you how many therapists have solicited my business outside of the business where I have gone for treatment.  Almost every single time.  I enjoy the other perspective very much.  Thank you for addressing this issue.  I already had a Business Degree before starting Massage Therapy instruction and I never really thought about this issue from this point of view.  It is accurate and a huge ethical obligation to understand the effort and dedication shown on the owner's behalf.  I will never forget to remember it from this point on.</p>
<p>There is a difference when the client brings it up, however, I believe that the vast majority of the time, the therapist does solicite it. We need to do our own PR on our own dime.</p>
<p>Thank you.</p>
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		<title>By: Manuela</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-27824</link>
		<dc:creator>Manuela</dc:creator>
		<pubDate>Fri, 20 Nov 2009 23:41:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-27824</guid>
		<description>I really don&#039;t like non-compete agreements.  I have been working in the beauty industry for many years, and customers pick who they want to go to.  What are you going to tell your clients?  &quot;I am going to work for myself, but I signed an agreement so I cant help you for a year.&quot;  This is a free country, I thought, and I believe in the freedom of choice.</description>
		<content:encoded><![CDATA[<p>I really don't like non-compete agreements.  I have been working in the beauty industry for many years, and customers pick who they want to go to.  What are you going to tell your clients?  "I am going to work for myself, but I signed an agreement so I cant help you for a year."  This is a free country, I thought, and I believe in the freedom of choice.</p>
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		<title>By: Steve</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-27701</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Mon, 09 Nov 2009 02:01:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-27701</guid>
		<description>My thoughts are varied on the concept of the non-compete agreement. I think that the reason most massage therapists become therapists is to help people, not to steal a business&#039; client list. If the therapist is not able to work with a particular client who has FINALLY found a therapist that can help them (because they have left one business for another) then who is really getting hurt? Is this about wellness or is it about money?

It&#039;s the client who needs to benefit from what the massage therapist has to offer. No-one should be able to deny them that right.

If a therapist leaves one location for another it may have to do with any number of variables. If the clients want to follow that therapist, so be it. That is their right. I would hope that the therapist would not steal the business away from an employer. But isn&#039;t it the therapist that keeps those clients coming in the first place? The client can go to another therapist at that location if the reason they return is because they like the spa. 

There is no ownership here. No-one owns a client, and no one should have the right to deny the client the right to go to whomever they wish. Remember, the business owner doesn&#039;t own the client any more than the massage therapist.

So, in thinking about a non-compete agreement, if an employer wants you, the massage therapist to sign a non-compete agreement, have them agree to pay you a salary for Exclusivity. Ask for an exclusive contract with them where they will pay you $xxx.xxx regardless of how many clients come into the spa. 

Then you can get an idea of what kind of employer you&#039;re interviewing with and can make a decision if it&#039;s the right job for you. 

What&#039;s good for the goose just might be better for the gander.</description>
		<content:encoded><![CDATA[<p>My thoughts are varied on the concept of the non-compete agreement. I think that the reason most massage therapists become therapists is to help people, not to steal a business' client list. If the therapist is not able to work with a particular client who has FINALLY found a therapist that can help them (because they have left one business for another) then who is really getting hurt? Is this about wellness or is it about money?</p>
<p>It's the client who needs to benefit from what the massage therapist has to offer. No-one should be able to deny them that right.</p>
<p>If a therapist leaves one location for another it may have to do with any number of variables. If the clients want to follow that therapist, so be it. That is their right. I would hope that the therapist would not steal the business away from an employer. But isn't it the therapist that keeps those clients coming in the first place? The client can go to another therapist at that location if the reason they return is because they like the spa. </p>
<p>There is no ownership here. No-one owns a client, and no one should have the right to deny the client the right to go to whomever they wish. Remember, the business owner doesn't own the client any more than the massage therapist.</p>
<p>So, in thinking about a non-compete agreement, if an employer wants you, the massage therapist to sign a non-compete agreement, have them agree to pay you a salary for Exclusivity. Ask for an exclusive contract with them where they will pay you $xxx.xxx regardless of how many clients come into the spa. </p>
<p>Then you can get an idea of what kind of employer you're interviewing with and can make a decision if it's the right job for you. </p>
<p>What's good for the goose just might be better for the gander.</p>
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		<title>By: Pat</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-27456</link>
		<dc:creator>Pat</dc:creator>
		<pubDate>Fri, 14 Aug 2009 23:12:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-27456</guid>
		<description>Some people go to Massage Envy because that is all they can afford.  Look at our economy today. It has nothing to do with the therapist or the the business. I am sure they would like to continue the massages but cannot afford the high end places.  It is just like the hair styling industry -- go to Great Clips or go to a high end place.  I have done both and have gotten bad (and good) haircuts at both types of places.  However as an senior citizen I have to watch what I spend.</description>
		<content:encoded><![CDATA[<p>Some people go to Massage Envy because that is all they can afford.  Look at our economy today. It has nothing to do with the therapist or the the business. I am sure they would like to continue the massages but cannot afford the high end places.  It is just like the hair styling industry &#8212; go to Great Clips or go to a high end place.  I have done both and have gotten bad (and good) haircuts at both types of places.  However as an senior citizen I have to watch what I spend.</p>
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		<title>By: Emily</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-27369</link>
		<dc:creator>Emily</dc:creator>
		<pubDate>Thu, 16 Jul 2009 20:47:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-27369</guid>
		<description>Does anyone have a sample of a non-compete agreement that they can share?</description>
		<content:encoded><![CDATA[<p>Does anyone have a sample of a non-compete agreement that they can share?</p>
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		<title>By: david kilpatrick</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-27147</link>
		<dc:creator>david kilpatrick</dc:creator>
		<pubDate>Wed, 20 May 2009 00:01:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-27147</guid>
		<description>i still have not decided if they are right or wrong  but non compete agreements are here to stay.</description>
		<content:encoded><![CDATA[<p>i still have not decided if they are right or wrong  but non compete agreements are here to stay.</p>
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		<title>By: Alex</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23571</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Fri, 12 Sep 2008 23:34:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23571</guid>
		<description>Cynde Says:

&lt;blockquote&gt;Quality will always win! People looking for a &#039;cheap&#039; massage will get exactly what they pay for. I tried similar discount specials and the customers it attracted were not repeat clients. It was just people looking for a bargain. Clients who appreciate professional and educated therapists, will pay extra for the knowledge.&lt;/blockquote&gt;

Hire  me. I&#039;ll show You the quality! I work in Massage Envy! Not quality, Dear Cynde, marketing, marketing, marketing. 

And we have therapists who do &quot;own&quot; they clients. Are they good? Who cares? People like them. Is Your Doctor good? How do you know? You just like him!</description>
		<content:encoded><![CDATA[<p>Cynde Says:</p>
<blockquote><p>Quality will always win! People looking for a 'cheap' massage will get exactly what they pay for. I tried similar discount specials and the customers it attracted were not repeat clients. It was just people looking for a bargain. Clients who appreciate professional and educated therapists, will pay extra for the knowledge.</p></blockquote>
<p>Hire  me. I'll show You the quality! I work in Massage Envy! Not quality, Dear Cynde, marketing, marketing, marketing. </p>
<p>And we have therapists who do "own" they clients. Are they good? Who cares? People like them. Is Your Doctor good? How do you know? You just like him!</p>
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		<title>By: Laura Allen</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23165</link>
		<dc:creator>Laura Allen</dc:creator>
		<pubDate>Mon, 16 Jun 2008 16:01:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23165</guid>
		<description>Many times non-compete agreements turn out not to be worth the paper they&#039;re written on.  They also serve to alienate customers who would prefer to stick with a particular therapist. I have 14 people on staff in my clinic, and I would never impose a non-compete on them.  #1, I don&#039;t have any turnover; I treat my staff very well and pay them what they&#039;re worth and I don&#039;t have any concern about them leaving.  #2, if someone did leave, and a client or clients wanted to follow them, it would not endear me in any way to the client to try and force them to stick with my business. 

I believe there are enough aching bodies and stressed-out people to go around. Competition is healthy for everyone and the economy in general.  I don&#039;t care if Massage Envy moves in next door.  There will be a certain amount of people who will go there for the cheap experience--but I believe the vast majority would stick with us because of our excellent therapists, high standards of personal service, and atmosphere.</description>
		<content:encoded><![CDATA[<p>Many times non-compete agreements turn out not to be worth the paper they're written on.  They also serve to alienate customers who would prefer to stick with a particular therapist. I have 14 people on staff in my clinic, and I would never impose a non-compete on them.  #1, I don't have any turnover; I treat my staff very well and pay them what they're worth and I don't have any concern about them leaving.  #2, if someone did leave, and a client or clients wanted to follow them, it would not endear me in any way to the client to try and force them to stick with my business. </p>
<p>I believe there are enough aching bodies and stressed-out people to go around. Competition is healthy for everyone and the economy in general.  I don't care if Massage Envy moves in next door.  There will be a certain amount of people who will go there for the cheap experience&#8211;but I believe the vast majority would stick with us because of our excellent therapists, high standards of personal service, and atmosphere.</p>
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		<title>By: JaxRox</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23142</link>
		<dc:creator>JaxRox</dc:creator>
		<pubDate>Wed, 11 Jun 2008 15:31:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23142</guid>
		<description>I worked nearly 4 years at a large midwestern day spa with 85 employees.  Without good management/owners who treat staff with respect and flexibility... your business will falter.  We had a no solicitation agreement only, not a non-compete.  This is fair.  In our town many spas/salons have a geographic non-compete and it is totally unfair.  Remember, most repeat customers return to the service provider -- hair-nails, massage or face.  They do not go back to be with the owner or managers.
 
This is a business where human beings TOUCH other human beings in very intimate ways.  Therapists are the talent, the stars if you will... not the products on the shelves.  Most owners don&#039;t understand this and thus treat staff like immigrant labor.
 
Many owners also forget this is AMERICA where we have FREEDOM of Choice to take our business where ever we please.  A spa cannot tell me I cannot follow my stylist or therapist... if my therapist has a website and I find out where she is, that spa owner has no right to harass my stylist or therapist because they now work somewhere else.  If I was an attorney and not a massage therapist I would FIGHT non-compete agreements in all the courts of the land as they violate right to work and right to choose were to spend ones consumer dollars.  If a therapist quits and takes customers it is because the spa owner FAILED to treat them like valued professionals, failed to pay them enough or offer creative retention bonuses or plans.

RE: Massage Envy... I got a massage there once and it was a poor quality speed massage... they called it an hour, but I was only on the table for 40 minutes and the rest of my hours was spent filling out their too many forms. All the good therapist I know who did work there have since left.  When I worked at the big spa my commission was 50% which is decent and that rate made the good therapists not want to leave... so for 2 years we had NO turnover in the massage department of 18 therapists, until some Wall Street private equity group bought the spa and then ran it like a Supercuts joint and lowered the pay scale, 95% of all therapists left within a year and now the place is struggling to stay open.  So much for the Wall Street business model.</description>
		<content:encoded><![CDATA[<p>I worked nearly 4 years at a large midwestern day spa with 85 employees.  Without good management/owners who treat staff with respect and flexibility&#8230; your business will falter.  We had a no solicitation agreement only, not a non-compete.  This is fair.  In our town many spas/salons have a geographic non-compete and it is totally unfair.  Remember, most repeat customers return to the service provider &#8212; hair-nails, massage or face.  They do not go back to be with the owner or managers.</p>
<p>This is a business where human beings TOUCH other human beings in very intimate ways.  Therapists are the talent, the stars if you will&#8230; not the products on the shelves.  Most owners don't understand this and thus treat staff like immigrant labor.</p>
<p>Many owners also forget this is AMERICA where we have FREEDOM of Choice to take our business where ever we please.  A spa cannot tell me I cannot follow my stylist or therapist&#8230; if my therapist has a website and I find out where she is, that spa owner has no right to harass my stylist or therapist because they now work somewhere else.  If I was an attorney and not a massage therapist I would FIGHT non-compete agreements in all the courts of the land as they violate right to work and right to choose were to spend ones consumer dollars.  If a therapist quits and takes customers it is because the spa owner FAILED to treat them like valued professionals, failed to pay them enough or offer creative retention bonuses or plans.</p>
<p>RE: Massage Envy&#8230; I got a massage there once and it was a poor quality speed massage&#8230; they called it an hour, but I was only on the table for 40 minutes and the rest of my hours was spent filling out their too many forms. All the good therapist I know who did work there have since left.  When I worked at the big spa my commission was 50% which is decent and that rate made the good therapists not want to leave&#8230; so for 2 years we had NO turnover in the massage department of 18 therapists, until some Wall Street private equity group bought the spa and then ran it like a Supercuts joint and lowered the pay scale, 95% of all therapists left within a year and now the place is struggling to stay open.  So much for the Wall Street business model.</p>
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		<title>By: Gary</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23134</link>
		<dc:creator>Gary</dc:creator>
		<pubDate>Mon, 09 Jun 2008 14:46:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23134</guid>
		<description>You are SO right on Cindy.  Particularly about lowballing the value of all therapists and the work they do.  By charging less, they are devaluing all massage.</description>
		<content:encoded><![CDATA[<p>You are SO right on Cindy.  Particularly about lowballing the value of all therapists and the work they do.  By charging less, they are devaluing all massage.</p>
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		<title>By: Cindy</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23125</link>
		<dc:creator>Cindy</dc:creator>
		<pubDate>Sun, 08 Jun 2008 00:13:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23125</guid>
		<description>Wait a Minute...  Let&#039;s look at this from the other side of the coin...

THE THERAPISTS ARE THE CORNERSTONE OF YOUR BUSINESS.  THEY CARE ABOUT PEOPLE.  IF IT WEREN&#039;T FOR THE GOOD ONES, YOU WOULDN&#039;T HAVE CLIENTS WALKING IN THE DOOR.  95% OF the GOOD SPAS ARE CREATED BY &quot;WORD OF MOUTH.&quot; By telling the client that &quot;oh, you must try all of the therapists,&quot; and trying to create a level playing field is horse hockey.  Yeah, they might try all of them, but they are not going to come back if they can&#039;t request the therapist that they like.  The client connects with the therapist, and massage is just one of those things that you (the spa owner) will never be able to control.  Sorry.

Neither do MOST therapists feel that they &quot;own&quot; their clients.  The therapist has a report with the client that we the spa owners will never have... non-compete agreements in this arena are just silly, unenforceable, and downright dumb on the part of the spa owner.  The returns on a &quot;win&quot; are less than what it would cost you to sue the therapist anyway... especially if they can&#039;t work anymore, and the clients you asked to testify would be mortified to be associated with you anymore anyway, and you&#039;ve now also lost the client, their return business, and their referrals.  Is it really worth it?

If a therapist is happy, the client is happy, and the spa owner is guaranteed a good return on his investment; then he&#039;s happy!

That&#039;s why the most successful spa owners were (and still are) therapists themselves, and those of you who are, are torn with the concept of implementing a &quot;non-compete&quot; agreement and are unsure of the prospect and how it will affect your current therapists.  Yes, this WILL create a feeling of distrust by the spa owner in the eyes of the therapist.  Yes, unfortunately, there are those few therapists who hold their abilities &quot;hostage&quot; with the owner.  HOWEVER, if they do, let them go elsewhere.  Why would you want a therapist like that in the building anyway?  If this happens (listen to this concept). go immediately to the phone and call all of the returning customers that the therapist has scheduled on the books first and then call all of the others that the therapist worked on and tell the client the truth.  Give them the option instead of the therapist calling and whining to the client.  The client will usually chose the truth.  Unless the therapist brought you the client in the first place, the customer will usually respect this and return to find another therapist in your establishment that is a &quot;good fit&quot; for them.

If you&#039;re a good employer and treat your therapists well, you won&#039;t need a &quot;non-compete&quot; agreement or a &quot;reward&quot; system.

No matter how hard you try, if you&#039;re a bad employer, it trickles all the way down to the front desk personnel, and the clients eventually go elsewhere anyway.  Not only will your clientele turnover rate be higher, you will automatically have a higher turnover rate for therapists, and especially the really good ones.

They are the MOST valuable asset of your business, and unfortunately, some spa owners only think of the bottom line -- not the well-being of their employees or customers.  

Post Script to really think about:  Yes, you may also get lucky and get a good therapist at the massage chain that you envy so much, but it&#039;s ONLY with those therapists who don&#039;t have the confidence to know that their trade/massage ability is worth more than $15 per hour.  This establishment (and it&#039;s really sad) isn&#039;t taking a higher percentage of the market by lowballing the price of a massage to the customer at all.  THEY ARE LOWBALLING THE VALUE OF ALL THERAPISTS AND THE WORK THAT THEY DO.</description>
		<content:encoded><![CDATA[<p>Wait a Minute&#8230;  Let's look at this from the other side of the coin&#8230;</p>
<p>THE THERAPISTS ARE THE CORNERSTONE OF YOUR BUSINESS.  THEY CARE ABOUT PEOPLE.  IF IT WEREN'T FOR THE GOOD ONES, YOU WOULDN'T HAVE CLIENTS WALKING IN THE DOOR.  95% OF the GOOD SPAS ARE CREATED BY "WORD OF MOUTH." By telling the client that "oh, you must try all of the therapists," and trying to create a level playing field is horse hockey.  Yeah, they might try all of them, but they are not going to come back if they can't request the therapist that they like.  The client connects with the therapist, and massage is just one of those things that you (the spa owner) will never be able to control.  Sorry.</p>
<p>Neither do MOST therapists feel that they "own" their clients.  The therapist has a report with the client that we the spa owners will never have&#8230; non-compete agreements in this arena are just silly, unenforceable, and downright dumb on the part of the spa owner.  The returns on a "win" are less than what it would cost you to sue the therapist anyway&#8230; especially if they can't work anymore, and the clients you asked to testify would be mortified to be associated with you anymore anyway, and you've now also lost the client, their return business, and their referrals.  Is it really worth it?</p>
<p>If a therapist is happy, the client is happy, and the spa owner is guaranteed a good return on his investment; then he's happy!</p>
<p>That's why the most successful spa owners were (and still are) therapists themselves, and those of you who are, are torn with the concept of implementing a "non-compete" agreement and are unsure of the prospect and how it will affect your current therapists.  Yes, this WILL create a feeling of distrust by the spa owner in the eyes of the therapist.  Yes, unfortunately, there are those few therapists who hold their abilities "hostage" with the owner.  HOWEVER, if they do, let them go elsewhere.  Why would you want a therapist like that in the building anyway?  If this happens (listen to this concept). go immediately to the phone and call all of the returning customers that the therapist has scheduled on the books first and then call all of the others that the therapist worked on and tell the client the truth.  Give them the option instead of the therapist calling and whining to the client.  The client will usually chose the truth.  Unless the therapist brought you the client in the first place, the customer will usually respect this and return to find another therapist in your establishment that is a "good fit" for them.</p>
<p>If you're a good employer and treat your therapists well, you won't need a "non-compete" agreement or a "reward" system.</p>
<p>No matter how hard you try, if you're a bad employer, it trickles all the way down to the front desk personnel, and the clients eventually go elsewhere anyway.  Not only will your clientele turnover rate be higher, you will automatically have a higher turnover rate for therapists, and especially the really good ones.</p>
<p>They are the MOST valuable asset of your business, and unfortunately, some spa owners only think of the bottom line &#8212; not the well-being of their employees or customers.  </p>
<p>Post Script to really think about:  Yes, you may also get lucky and get a good therapist at the massage chain that you envy so much, but it's ONLY with those therapists who don't have the confidence to know that their trade/massage ability is worth more than $15 per hour.  This establishment (and it's really sad) isn't taking a higher percentage of the market by lowballing the price of a massage to the customer at all.  THEY ARE LOWBALLING THE VALUE OF ALL THERAPISTS AND THE WORK THAT THEY DO.</p>
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		<title>By: Janet Sanders</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23122</link>
		<dc:creator>Janet Sanders</dc:creator>
		<pubDate>Sat, 07 Jun 2008 20:24:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23122</guid>
		<description>BTW -- Massage Envy was just sold to a company that sells organic, holistic products... can&#039;t remember the name right now.  So, things change again!  The person who launched it just cashed out!!!</description>
		<content:encoded><![CDATA[<p>BTW &#8212; Massage Envy was just sold to a company that sells organic, holistic products&#8230; can't remember the name right now.  So, things change again!  The person who launched it just cashed out!!!</p>
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		<title>By: ryan</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23121</link>
		<dc:creator>ryan</dc:creator>
		<pubDate>Sat, 07 Jun 2008 19:03:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23121</guid>
		<description>I agree with everyone about Massage Envy.  Although, and I&#039;m not defending them, they have done the dirty work with building a multi-location, multi-market business model for our industry.  We have a similar business model and we succeed, by and far, when we sit back and wait for Massage Envy to burn through the best of their therapists.  We&#039;re therapist owned and operated and, well, that&#039;s what makes us better.  Massage Envy&#039;s management doesn&#039;t know a lick about anything when it comes to a day in the life of a good massage therapist and they should join forces with the massage schools so they&#039;ll have an ample supply of naive massage therapists to underpay, over work and disrespect all the way throughout.</description>
		<content:encoded><![CDATA[<p>I agree with everyone about Massage Envy.  Although, and I'm not defending them, they have done the dirty work with building a multi-location, multi-market business model for our industry.  We have a similar business model and we succeed, by and far, when we sit back and wait for Massage Envy to burn through the best of their therapists.  We're therapist owned and operated and, well, that's what makes us better.  Massage Envy's management doesn't know a lick about anything when it comes to a day in the life of a good massage therapist and they should join forces with the massage schools so they'll have an ample supply of naive massage therapists to underpay, over work and disrespect all the way throughout.</p>
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		<title>By: Janet Sanders</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23120</link>
		<dc:creator>Janet Sanders</dc:creator>
		<pubDate>Fri, 06 Jun 2008 23:03:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23120</guid>
		<description>Uh, yeah, I won&#039;t go over there if I were you because it reads like one of &quot;J.R. Tolkein&#039;s&quot; books!  People get way too analytical over everything it seems these days.

Just do a great job -- enjoy your work, enjoy your customers, reward your employees just like any other business and you will do fine.  I tell my employees when I hire them that it is their job to keep clients coming back, be punctual, friendly, give a great service that&#039;s beyond your clients expectations and you&#039;ll do great.  Now, in return I tell them it is my job to keep them happy here with a great working environment, flexible schedules, fun and of course a good pay scale.  And, if they find something better -- good luck!  I should have kept them happier or maybe they need to be on their own a bit and see how independence is -- either way it&#039;s all ok.  Your good customers stay with you because of you!!!</description>
		<content:encoded><![CDATA[<p>Uh, yeah, I won't go over there if I were you because it reads like one of "J.R. Tolkein's" books!  People get way too analytical over everything it seems these days.</p>
<p>Just do a great job &#8212; enjoy your work, enjoy your customers, reward your employees just like any other business and you will do fine.  I tell my employees when I hire them that it is their job to keep clients coming back, be punctual, friendly, give a great service that's beyond your clients expectations and you'll do great.  Now, in return I tell them it is my job to keep them happy here with a great working environment, flexible schedules, fun and of course a good pay scale.  And, if they find something better &#8212; good luck!  I should have kept them happier or maybe they need to be on their own a bit and see how independence is &#8212; either way it's all ok.  Your good customers stay with you because of you!!!</p>
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		<title>By: Larry Donahue</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23118</link>
		<dc:creator>Larry Donahue</dc:creator>
		<pubDate>Fri, 06 Jun 2008 16:02:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23118</guid>
		<description>Nancy and everyone else, there&#039;s a rather long &lt;a href=&quot;http://www.spaboomblog.com/2007/massage-envy-envy&quot; rel=&quot;nofollow&quot;&gt;discussion about Massage Envy&lt;/a&gt; in our blog that you might be interested in.

Larry.</description>
		<content:encoded><![CDATA[<p>Nancy and everyone else, there's a rather long <a href="http://www.spaboomblog.com/2007/massage-envy-envy" >discussion about Massage Envy</a> in our blog that you might be interested in.</p>
<p>Larry.</p>
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		<title>By: Nancy</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23117</link>
		<dc:creator>Nancy</dc:creator>
		<pubDate>Fri, 06 Jun 2008 15:40:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23117</guid>
		<description>Thanks Pam -- you guys are great.  I feel much better about the upcoming &#039;invasion of the body snatchers&#039;!!!</description>
		<content:encoded><![CDATA[<p>Thanks Pam &#8212; you guys are great.  I feel much better about the upcoming 'invasion of the body snatchers'!!!</p>
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		<title>By: Pamela</title>
		<link>http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work/comment-page-1#comment-23115</link>
		<dc:creator>Pamela</dc:creator>
		<pubDate>Fri, 06 Jun 2008 05:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.spaboomblog.com/2008/non-compete-agreements-they-can-work#comment-23115</guid>
		<description>I totally agree with Cynde. I once had a client (when I first opened my private practice) call me and asked me if I had any intro offers like Massage Envy. Because I was just starting out I offered him a discounted rate...

Well, he came in like he was cracked out on stimulants, couldn&#039;t stand still, barged into my office and wanted to know why there weren&#039;t candles, wanted to change the music to silence, etc. Then once I took his intake and left the room -- I came back from the bathroom only to find him dressed and in the waiting room. He said he couldn&#039;t relax enough from his basketball practice and he felt bad for taking up my time... but could he prepay for the next session to make it up to me? (of course I didn&#039;t accept). 

But, the whole point of the story being -- People that are looking for cheap massages and deals are not in my 7 years of experience respectful of us, the art of massage, or our time. You don&#039;t want those clients.

So Nancy -- don&#039;t worry!  People will continue coming to your spa...</description>
		<content:encoded><![CDATA[<p>I totally agree with Cynde. I once had a client (when I first opened my private practice) call me and asked me if I had any intro offers like Massage Envy. Because I was just starting out I offered him a discounted rate&#8230;</p>
<p>Well, he came in like he was cracked out on stimulants, couldn't stand still, barged into my office and wanted to know why there weren't candles, wanted to change the music to silence, etc. Then once I took his intake and left the room &#8212; I came back from the bathroom only to find him dressed and in the waiting room. He said he couldn't relax enough from his basketball practice and he felt bad for taking up my time&#8230; but could he prepay for the next session to make it up to me? (of course I didn't accept). </p>
<p>But, the whole point of the story being &#8212; People that are looking for cheap massages and deals are not in my 7 years of experience respectful of us, the art of massage, or our time. You don't want those clients.</p>
<p>So Nancy &#8212; don't worry!  People will continue coming to your spa&#8230;</p>
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