Harris Research Non Compete

[Sandwedge]

Been a Chem-Dry owner for 25 years and am considering getting out. Having said that cleaning carpet is all I know and would like to purchase a TM and go it on my on. Is there anyone familar with or delt with Harris and the non compete in the contract. Its like the freakin Mafia, once your in they wont let you out.

 

[FB7777]

Care to share the specifics of the non-compete?

 

[Zee]

Been a Chem-Dry owner for 25 years and am considering getting out. Having said that cleaning carpet is all I know and would like to purchase a TM and go it on my on. Is there anyone familar with or delt with Harris and the non compete in the contract. Its like the freakin Mafia, once your in they wont let you out.

Well being a chemwho guy for that long, you may not be as good as you believe- at cleaning carpets.

But mabye yuo are beter claener thna speler...

Welcome! It's a tough crowd but you will like it here, where you can always find help and can learn a ton about real carpet cleaning.

Btw I don't know the ins and outs of your non compete with chemwho...just to answer your question.

 

[Chris A]

I know of a local dude that was chem dry and went on his own. But that's as much as I know about that.

 

[Sandwedge]

2 year non compete. Can't operate within 30 miles of present county. Wife or any family member can't be associated with carpet cleaning for this period of time. Sorry about spelling but like I said I have been cleaning carpet not writing essay's. Just need to know how diligent Harris is in pursuing folks staying in the biz.

 

[Zee]

2 year non compete. Can't operate within 30 miles of present county. Wife or any family member can't be associated with carpet cleaning for this period of time. Sorry about spelling but like I said I have been cleaning carpet not writing essay's. Just need to know how diligent Harris is in pursuing folks staying in the biz.

Don't be sorry...I'm just messing with you.

I dont think they have a right to stop you from doing your own business. I heard this many times: non competes dont hold up in court. But I don't know how much they will fight you.

Lisa could tell you about their court room practices..

 

[Mardie]

2 year non compete. Can't operate within 30 miles of present county. Wife or any family member can't be associated with carpet cleaning for this period of time. Sorry about spelling but like I said I have been cleaning carpet not writing essay's. Just need to know how diligent Harris is in pursuing folks staying in the biz.

Sounds like a bluff for them to tie your wife and family members into restrictions on somthing you were doing.Any lawyer should be able to get you your answer and give you a loophole with very little effort.

 

[The Great Oz]

2 year non compete. Can't operate within 30 miles of present county. Wife or any family member can't be associated with carpet cleaning for this period of time. Sorry about spelling but like I said I have been cleaning carpet not writing essay's. Just need to know how diligent Harris is in pursuing folks staying in the biz.

A good question for a local lawyer with some experience in franchise agreements.

The only people I know that have left franchises just lost their phone number, which was resold to the next franchisee. Whatever their non-compete they ignored it and were not sued. HOWEVER, none of them were ChemDry franchisees, and they are in Washington State, so may not have anything to do with your case.

Good luck!

 

[Sandwedge]

Thanks guys any help is appreciated. These guys have had me over a barrel for a long time and should have made a move a long time ago. They are now pushing the new XTS equipment package and I'm afraid it will be another piece of junk. I presently have one of the first TM's they came out with (CTS 450) and have been extremely dissapointed. Just want something that does a great job and put me on a level playing field with my competiton.

 

[idreadnought]

every state is different. But one thing to consider about contracts. Just because it is written does not mean it is legal and enforceable in court. Always remember that.

I live in california and here you can not be forced to not compete. Basically you have a right to earn an income and contracts can not prevent you from doing that.

Talk to a local lawyer. Talk to a local lawyer, I know I said that twice but in reality you asked a very important legal question on a forum filled with carpet cleaners from all over the states and the world for that matter.

 

[ruff]

Don't know about South Carolina, however in CA and some other states, it is close to impossible to enforce a non compete, as it interferes with one's ability to make a living. Which is not legal.
So in many cases the non compete is there as a deterrent, however, it may not be enforceable.

They may still drag you to court which is a hassle, yet, they may have to prove damages, which is very hard.

Yes, as others said, do talk to a lawyer.

If you can stick it to Harris, you'll automatically make lots of friends here. For whatever its worth.

Mikey may even chip in moderator-ship. Now that Mardie stars in the VLM room, you may get the "stick it to____..____room." That's a guaranteed following

 

[truckmount girl]

There litigation history does not show any suits for the non-compete. However they are aggressive for phone numbers, equipment, logos, and ads. Make sure you don't have any ads under your CD name, especially current Yellow Pages. Make sure the phone number is different than your CD number and that you disconnect your CD number.

Their modus operandi is to sue you in Utah court and make you travel. So if you're smart you will make a completely new start...new phone, client list, equipment, logos and ads and you should be okay, but it wouldn't hurt to have a local attorney advise you.

Take care,
Lisa

 

[Jimmy L]

I don't see how they could touch you if you made a completely different company and didn't use the CD client list.

 

[NobleCarpetCleaners]

I consulted my lawyer across the room from me on your question and the answer was consult a contract lawyer in your town; that an hour or two with someone who specializes in contracts allllll week long could save you some serious bs down the road.

 

[Derek]

how many years does their "agreement" last?

 

[Sandwedge]

2 years Derek. Thank you so much for the responses. I have an attorney friend who I'm sure can lead me in the right direction. Didn't think to check litigation history so thanks for that too.

 

[Mikey P]

Talk to Albert, he did what you are out to do..


Good luck and welcome to best, largest, funnest and most experienced site on the web for carpet cleaners.

 

[XTREME1]

you can't sign for anyone but yourself so the part about family is BS

 

[Ron Werner]

shouldn't be too hard to leave them, just keep paying their fees but start being a pain to cooperate with their "upgrades" etc. Maybe they will tell you to leave.

 

[rhyde]

Here (oregon) unless you are using proprietary information, technology…patented, trademarked or in some way your business copies chemdry there isn’t much they can do. You have a right to work in a general field
as others have said talk to a lawyer.

 

[SamIam]

So you buy a franchise build it advertise it clean customers carpet and build a client base and they tell you, you cant compete???? are the buying the franchise back? can You sell it? if not those are your customers unless You worked for someone else?

They should have to pay you for the client list You built up.


Sent from my iPad using Tapatalk HD

 

[alazo1]

Check to see if your state is "right to work". If it is you should be fine. Like Lisa said, they'll want your phone number disconnected, your proprietary equipment needs to be sold to another CD or back to them at 10% it's original cost. You'll need to disassociate yourself from your old CD name as well. Send out post cards and hand addressed letters to your clients with a secondary number months before you bail. Do it a few times. You do have to give them your client list, I've heard some have manipulated that list. They probably sell it or give it to their favorite local franchise.

 

[TonyC]

I had a franchise when i started in this business, the contract was for 10 years, but after finding another franchisee doing work in my so called protected area i contacted the franchise and when i was told they were not going to do anything about it i decided to contact a franchise attorney. He informed me that the contract was no good since the longest you could have the agreement for was 7 years, then we went over the contract and found were we had each broken the contract. Franchise told me i would have to disconnect my phone (he told me i didn't have to ), take decals off van, advertising etc.they wanted the equipment back that i bought from them, i told them to come get it but i wanted $$$ for it, but they never pursued anything,that was after 4 years into the franchise. Just stand your ground, i was told they would have to come to your state to pursue anything legally. just my 2 cents

 

[Greg Cole]

I had a franchise when i started in this business, the contract was for 10 years, but after finding another franchisee doing work in my so called protected area i contacted the franchise and when i was told they were not going to do anything about it i decided to contact a franchise attorney. He informed me that the contract was no good since the longest you could have the agreement for was 7 years, then we went over the contract and found were we had each broken the contract. Franchise told me i would have to disconnect my phone (he told me i didn't have to ), take decals off van, advertising etc.they wanted the equipment back that i bought from them, i told them to come get it but i wanted $$$ for it, but they never pursued anything,that was after 4 years into the franchise. Just stand your ground, i was told they would have to come to your state to pursue anything legally. just my 2 cents

I would consider talking with an attorney and don't listen to the free advice being offered here. Advice is always worth what you pay for it. You will be the one living with the finacial repurcutions of any decision you make.
I have to ask this: Why after 25 years are you going to switch away? Doesn't make sense to me. You built a brand and only pay them a small percentage to use their logo, etc. Why would you throw that away and have to risk starting from scratch?

 

[GCCLee]

Mr. Cole up there has a point!

That is a long time, 25yrs wow......

 

[Sandwedge]

All valid questions. Territory - there are 6 other franchisees in my area. Equipment and method - I am limited as to what products and equipment I can use. We are presently in the midst of changing again and if I am to stay up to date and in the good graces it will be another 12k investment. Lastly, I am tired of being told where I can go, what method I can use, and being charged for every job given to me by Harris. I can do this just as well or better myself and I would like to truely be SELF employeed rather than answer to a franchise. 25 years is long enough.

 

[GCCLee]

All valid questions. Territory - there are 6 other franchisees in my area. Equipment and method - I am limited as to what products and equipment I can use. We are presently in the midst of changing again and if I am to stay up to date and in the good graces it will be another 12k investment. Lastly, I am tired of being told where I can go, what method I can use, and being charged for every job given to me by Harris. I can do this just as well or better myself and I would like to truely be SELF employeed rather than answer to a franchise. 25 years is long enough.

25 years is worth talking to an Atty.

Welcome aboard brother !

Stick it to the Man when ya can!

 

[alazo1]

 

[ruff]

All valid questions. Territory - there are 6 other franchisees in my area. Equipment and method - I am limited as to what products and equipment I can use. We are presently in the midst of changing again and if I am to stay up to date and in the good graces it will be another 12k investment. Lastly, I am tired of being told where I can go, what method I can use, and being charged for every job given to me by Harris. I can do this just as well or better myself and I would like to truely be SELF employeed rather than answer to a franchise. 25 years is long enough.

All excellent reasons.
Go for it. I am sure it will work just fine. Don't make any legal mistakes.
And good luck.

 

[Derek]

hopefully none of you multi-truckers have employees reading this.