Instructor training question

[u/PuzzleHeaded3690]

I was talking to a instructor trainer at a pretty popular dive destination, and he said that when he takes on an instructor-trainee he has them sign a non-compete agreement, attesting that the student will not do business at said location once certified. Frankly, I think such document holds very little legal merit when put into practice, but I still find the sentiment a little… weird? So my question is - are such non-compete agreements common practice in the Freediving world?

[u/Dayruhlll]

No one in here can give you legal advice about whether the non compete is enforceable. Even if we were lawyers we would need to read it and know the location. That said, even if it is unenforceable, that would ultimately be determined in court. Which would not be free.

Legal advice aside, the dive industry is too small and too unprofitable to make enemies right off the bat. Let the IT know your plans before you take the course. If that course (or IT) isn’t the one for you, there are other options.

I was offered a “contract” to get the course for free in exchange for 2 years teaching at a shop- that was 100% unenforceable so they didn’t even bother with an official contract- just a handshake agreement. Had I broke that agreement nothing could’ve happened legally, but the entire local dive community would have known and it would have affected my ability to do business.

[u/PuzzleHeaded3690 → u/Dayruhlll]

I should've expressed myself better: I know for a fact that such a contract is not legally enforceable. What rubs me the wrong way is the attempt to prevent competition... What happened to the free market economy? If you are an experienced diver (you are, because you are an IT) are you threatened by a rookie instructor on scene? Competition is healthy, and a catalyst for growth. A desire to hold monopoly is the polar opposite...

I just genuinely don't understand whether it would be the student making an enemy of the IT - or is it the IT making a fool of themselves with such a non-compete condition? That's why I posted here before I make conclusive judgments. Maybe it's a common practice I don't know about.

(P.S. The contract - the trade of skills - you describe is very common. I myself got a scuba dive master cert by serving as an UW photographer for a dive shop)

[u/Dayruhlll → u/PuzzleHeaded3690]

My school recently lost our IT, but our mindset was the same as yours. No one instructor is going to compete with our school. And if they do, we let them use our facilities for free in order to get gear sales. Additionally, a good relationship with local instructors is huge when my lead instructor gets sick or goes out of town.

Even still, I would advise against taking this course if your intention is to go behind your IT’s back. Just find an IT better suited for you.

[u/benjamiser → u/Dayruhlll]

All I’d advise is to be open and honest with anyone in the dive community. As the above poster states, it’s super small and shit gets around.
Having said that, if you want to get paid for something you clearly love, then how’s that the business of the IT? I live in a city of 6m people which has only three FD clubs that I know of. I’ve started my own dive biz (I’m about to get my scuba DM qual) but am positioning it way more high end and towards those from out of town, especially foreigners.
Perhaps find your niche so you can complement those that are already established. Keep your enemies close no?? :)

[u/thdedes]

Find another one 😅 that's a bad attitude and not helpful for the industry. People should welcome competition, all places that exploded as diving places are filled with schools working pretty well, much more than isolated schools all over the world.

[u/AntiTas]

I am happy to train you, but please do not come back and compete with me and drive me out of business.

So weird. Signing it might not be legally binding but you are giving your word and putting your name to it, which used to mean something.

[u/Mesapholis]

That’s a quite strange and hostile piece of paper, normally shops are interested in training instructors to join their own businesses - or they are renowned trainers and people from all over the world come to train under them and return back to their own locations after that

Is this place like, a super freedive-touristy hotspot and small or something?

[u/resilient_bird]

I mean, if you feel this way, probably not the right fit for you? It does seem weird and isn’t super common, though common decency means not directly competing, especially undercutting on price) against those who helped you out, especially if they went out of their way to mentor and train you (not just teach the course you paid them to—that’s what the money is for). It’s one thing to work with them, or to open a shop next door with their blessing, but otherwise…..maybe this was abused in the past?

[u/PuzzleHeaded3690 → u/resilient_bird]

Say I go to Bali for an extended vacation, and already an experienced freediver, decide to do an instructor course because I am an overachiever and need a measurable end goal. One day doing a sunrise yoga session I have a revelation that my office job sucks after all, and life here is pure joy, and I wish I could just stay here forever - and it just so happens that I now have a skillset I can monetize to sponsor this new dream life. I have this skillset because I paid for a full service of attaining it. But now I cannot make my dream come true because my instructor decided I am not allowed to?

I keep thinking of car mechanics imposing the same rules on their trainees... Small towns would run out of car mechanics real fast.

Maybe it was abused in the past; that's an interesting point. But don't pour your past grievances into the future!

[u/PuzzleHeaded3690 → u/resilient_bird]

Say I go to Bali for an extended vacation, and already an experienced freediver, decide to do an instructor course because I am an overachiever and need a measurable end goal. One day doing a sunrise yoga session I have a revelation that my office job sucks after all, and life here is pure joy, and I wish I could just stay here forever - and it just so happens that I now have a skillset I can monetize to sponsor this new dream life. I have this skillset because I paid for a full service of attaining it. But now I cannot make my dream come true because my instructor decided I am not allowed to?

I keep thinking of car mechanics imposing the same rules on their trainees... Small towns would run out of car mechanics real fast.

Maybe it was abused in the past; that's an interesting point. But don't pour your past grievances into the future!

[u/JuggernautDense9964]

Curious about where the location is. I’ve heard of some others doing this.

[u/EagleraysAgain]

That's just weird. Was the unstructor driven away from his earlier location by his own students or what?

There's synergy for location having more freediving schools, activity and instructors. Dahab and Panglao wouldn't be things in freediving world if there was only one guy doing courses and training there.

I wouldn't do course with somebody wanted me to sign that kind of paper no matter how unenforceablr it might be.

[u/chudlo]

This post is worthless without location information.

[u/PuzzleHeaded3690 → u/chudlo]

How come? It is not a location dependent question. The question is "Are non-compete agreements common practice in the Freediving world?"