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Will I be breaking my non-compete clause??


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I'm a general surgery and urology PA and have become more interested in aesthetics, but need to work on training and experience before I make it my full time gig. A previous general surgeon SP of mine has opened a procedure and wellness clinic and has offered to let me inject there on weekends. However, I'm worried about my non-compete clause. My hospital does not offer aesthetics, but there is an affiliated FM doc who owns a medispa. I'll quote my non-compete clause below.

If I perform aesthetics services within the restricted territory am I indirectly competing against an affiliate and therefore violating my contract? And how enforcable is this?

"During the Agreement Term and for the Post Agreement Restrictive Covenant Term, Advance Practice Provider shall not within the Restricted Territory engage in any medical practice, or engage in any business or perform any service, directly or indirectly, in competition with the medical services of Employer or any of Employer's Affiliates. Advance Practice Provider will not, withouth Employer's prior written consent, directly or indirectly have any financial interest in any hospital, surgery center, imaging center, MRI, outpatient therapy center, medical office, clinic or other facility that compete with Employer, within the Restricted Territory.
Notwithstanding the foregoing, the covenant not to compete shall not prohibit Advance Practice Provider from engaging in the private practice of medicine as an independent Advance Practice Provider including performing ancillary services, but only those provided in Advance Practice Provider's practice on behalf of Employer on or before the date of the Agreement terminates or expires as set forth within. Additionally, Advance Practice Provider may form any corportate entity needed to practice independently in the Restricted Territory, provided the entity does not hold any financial interest in the entities that compete with the Employer listed above."

 

Appreciate any input!

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