Non-compete clauses for VAs are increasingly under legal scrutiny - including a 2024 FTC ban that has been challenged in court. For fitness business owners, the practical question is what protection actually holds up in the VA's jurisdiction, and whether a non-compete is even the right protection to seek.
In most VA hires, an NDA plus a non-solicit clause delivers more enforceable protection than a non-compete. For where this fits in the broader hire process, see our pillar guide on how to hire a fitness virtual assistant.
When non-competes apply to VA hires
Three signals trigger the consideration:
- VA gains access to client list for direct competition risk.
- VA gains access to proprietary methodology they could replicate.
- VA is in role with significant business strategy exposure.
For lightweight admin or content roles, non-competes are usually overkill and often unenforceable.
US enforceability landscape
US non-compete enforceability varies dramatically by state:
- California. Largely unenforceable; non-competes void in most contractor relationships.
- Massachusetts. Strict requirements; many non-competes void.
- Washington. Income thresholds and other limits.
- Texas, Florida. More enforceable with reasonable scope.
- 2024 FTC ruling. Federal ban attempted; under court challenge; status evolving.
For US-based VAs, non-competes may not protect what you think they do.
International enforceability landscape
For overseas VA hires:
- Philippines. Limited enforceability; courts skeptical of broad non-competes.
- Latin America. Varies by country; generally enforced if reasonable scope.
- Eastern Europe. EU-influenced labor law; strict reasonableness requirements.
- South Africa. Enforceable if reasonable; courts apply scrutiny.
- India. Generally not enforceable post-employment for contractors.
For most overseas contractor relationships, non-competes are practical only if scope is narrow.
What fitness owners actually need protected
Before drafting non-compete language, identify actual protection needs:
- Member solicitation. VA poaches your members for their own business.
- Methodology replication. VA copies your programs and sells them.
- Confidential info disclosure. VA shares pricing, financials, strategy.
- Direct competition. VA starts a competing fitness business.
For each, the right protection differs:
- Member solicitation. Non-solicit clause - narrowly targeted, more enforceable.
- Methodology replication. IP and confidentiality clauses in NDA.
- Confidential info disclosure. NDA covers this.
- Direct competition. Non-compete attempts this; rarely enforceable for typical VA roles.
Non-solicit vs non-compete
The non-solicit clause is often the better protection:
- Narrower scope. "VA will not directly solicit Coach's clients for [period]."
- More enforceable. Courts typically uphold reasonable non-solicits.
- Easier to define breach. Specific behavior, not "competition" generally.
- Doesn't restrict VA's livelihood - they can work in fitness, just not poach your clients.
For most fitness VA hires, non-solicit + NDA covers the actual risk better than non-compete.
Reasonable non-compete scope (if you must)
If you genuinely need a non-compete, scope reasonably:
- Geographic scope. Specific market, not global.
- Time period. 6 to 12 months typical; 24+ months rarely enforceable.
- Scope of restricted activity. Specific role type, not "fitness industry generally."
- Consideration. Some payment or benefit in exchange for the restriction.
Overreaching non-competes get struck down entirely. Reasonable ones may hold.
Sample reasonable language
For non-solicit (more enforceable):
"VA agrees that during the engagement and for [12] months thereafter, VA will not directly solicit any client of Coach for the purpose of providing fitness coaching services that compete with Coach's business."
For non-compete (use only if necessary):
"VA agrees that during the engagement and for [6 to 12] months thereafter, VA will not work directly with [specific competitor list] within [specific geographic market]."
Common non-compete failures
- Overreaching scope. Global, multi-year, all-fitness-industry - usually void.
- Wrong jurisdiction choice. Choosing law that doesn't enforce defeats purpose.
- No consideration. Some jurisdictions require payment for the restriction.
- Trying to enforce non-compete when non-solicit would have worked better.
- Using non-compete instead of NDA for confidentiality protection - wrong tool.
Combining non-solicit with NDA
For most fitness VA hires, the practical contract structure:
- Contractor agreement with scope, payment, IP ownership.
- NDA section for confidentiality.
- Non-solicit clause for client protection (narrow, time-limited).
- No non-compete unless genuinely necessary.
This combination delivers the protection most fitness coaches actually need without the unenforceability risk of broad non-competes.
When to consult a lawyer
Non-compete drafting at scale:
- High-IP business. Methodology, proprietary programs, content libraries.
- High-revenue business. $1M+ where business value justifies legal investment.
- Cross-border complexity. Multi-jurisdiction VA team.
- Past breach experience. Lawyer experience with similar enforcement.
Most fitness coaches at sub-$500K revenue use template language and skip lawyer review until breach risk emerges.
Compliance considerations
For non-competes specifically:
- Federal FTC rule status. Evolving; verify current status before relying.
- State-specific enforceability. Major variance.
- International contractor status. Often complicates enforcement.
- Reasonableness test. Courts apply across jurisdictions.
For pricing on fitness VA hires, see our Fitness VA cost guide. For broader hire context, see how to hire a fitness virtual assistant.
Frequently asked questions
Should every fitness VA contract include a non-compete?
No. For most roles, NDA plus non-solicit is the right protection. Non-compete adds friction without proportionate benefit.
What about the 2024 FTC non-compete ban?
Status evolving via court challenges. Verify current state before relying on enforceability.
Can I include a non-compete in international VA contracts?
You can include it; whether it's enforceable varies by VA's jurisdiction. Don't rely on it as primary protection for cross-border hires.
What's a reasonable non-compete time period?
6 to 12 months typical; 24+ months rarely enforceable. Shorter periods are more likely to hold up.
Is "no work in the fitness industry" a reasonable scope?
No. That breadth almost always fails enforceability tests. Narrow to specific competitors or specific role types.