What You Need to Know Before Signing a Covenant Not to Compete
You’ve graduated from veterinary school so naturally, you’re ready to get your feet wet and start practicing. Nearly every veterinarian will be an associate at the beginning of their career and with that comes the dreaded associate contract. You found a great associate opportunity and you’re eager to start collecting paychecks. But before signing that contract, particularly the noncompete clause, be aware of the details that could prevent your opportunity to start your own practice in the areas/neighborhoods you desire.
A covenant not to compete, otherwise known as a non-compete agreement, or restrictive covenant, is a clause in the contract that prohibits the restricted party from engaging in services similar to those of a non-restricted party. Non-compete agreements may restrict a veterinarian’s actions by time, location, and clients.
Here are some valuable tips before signing a non-compete agreement for veterinarians who plan on owning their own practice in the near future.
Be sure you understand every detail: Associate contracts are designed to protect the owner more so than the associate. OMNI Practice Group highly recommends you have an attorney who specializes in veterinary Associates contracts review all legal documents before signing. If you don’t already have an attorney, we will be more than happy to recommend one.
Advocate for the minimal non-compete radius: A standard non-compete radius should be between 3 to 5 miles. Keep in mind the radius is “as the crow flies.” In more rural areas, we have seen up to 15 to 20 miles, but of course try to negotiate for less, especially if you plan to stay in the area.
The shorter the better: We’ve seen unfavorable terms of up to five years. Typically, your non-compete clause should only be enforceable for 1 to 2 years. Try to negotiate to a shorter period, that will work in your favor when you’re ready to own your own practice.
Be sure your non-compete only covers the location in which you are employed: If your employer owns multiple locations, but you’re only seeing patients at one specific office, make sure your non-compete only applies to that location.
Notice of resignation: Keep in mind that when you’ve found the ideal practice to purchase or if you decide to do a start-up, the process can move rather quickly. We’ve seen contracts that require the associate to give up to 6 months’ notice before leaving their position – a fair amount of notice is typically 30 days. Be sure to negotiate the least amount.
My rule of thumb when it comes to associate contracts is “Less is Best” …well, with the exception of wages!
When you’re ready to purchase a practice or just want to discuss the process in preparation please feel free to give us a call at 877-866-6053 for a free, no-obligation consultation. We’re here to help you!
Read MoreWhat You Need to Know Before Signing a Covenant Not to Compete
By Jen Bennett, Practice Transition Advisor
You’ve graduated from dental school so naturally, you’re ready to get your feet wet and start seeing patients. Nearly every dentist will be an associate at the beginning of their career and with that comes the dreaded associate contract. You found a great associate opportunity and you’re eager to start collecting paychecks. But before signing that contract, particularly the non-compete clause, be aware of the details that could prevent your opportunity to start your own practice in the areas/neighborhoods you desire.
A covenant not to compete, otherwise known as a non-compete agreement, or restrictive covenant, is a clause in the contract that prohibits the restricted party from engaging in services similar to those of a non-restricted party. Non-compete agreements may restrict a dentist’s actions by time, location, and clients.
Here are some valuable tips before signing a non-compete agreement for dentists who plan on owning their own practice in the near future.
Be sure you understand every detail: Associate contracts are designed to protect the owner more so than the associate. OMNI Practice Group highly recommends you have an attorney who specializes in dental Associates contracts review all legal documents before signing. If you don’t already have an attorney, we will be more than happy to recommend one.
Advocate for the minimal non-compete radius: A standard non-compete radius should be between 3 to 5 miles. Keep in mind the radius is “as the crow flies.” In more rural areas, we have seen up to 15 to 20 miles, but of course try to negotiate for less, especially if you plan to stay in the area.
The shorter the better: We’ve seen unfavorable terms of up to five years. Typically, your non-compete clause should only be enforceable for 1 to 2 years. Try to negotiate to a shorter period, that will work in your favor when you’re ready to own your own practice.
Be sure your non-compete only covers the location in which you are employed: If your employer owns multiple locations, but you’re only seeing patients at one specific office, make sure your non-compete only applies to that location.
Notice of resignation: Keep in mind that when you’ve found the ideal practice to purchase or if you decide to do a start-up, the process can move rather quickly. We’ve seen contracts that require the associate to give up to 6 months’ notice before leaving their position – a fair amount of notice is typically 30 days. Be sure to negotiate the least amount.
My rule of thumb when it comes to associate contracts is “Less is Best” …well, with the exception of wages!
When you’re ready to purchase a practice or just want to discuss the process in preparation please feel free to reach out to me for a free no-obligation consultation. I’m here to help you.
Read MoreChoosing Between Buying an Existing Practice or Doing a New Build
By Corey Young, Practice Transition Advisor
Choosing between buying an existing practice and doing a start-up practice can be one of the biggest decisions of your life. Here are four considerations and two suggestions for when you are contemplating.
The four considerations:
Market Saturation – How many veterinarians are practicing in the area you are considering? Hardly any? One on every corner? Somewhere in between? Establishing traction in a high competition area will require a much higher marketing budget. Do you know your marketing budget? Do you have a marketing plan?
Available Practices for Sale – How many practices are for sale in the area you are considering? Do those practices have a broker representing them? Broker representation usually equates to well-substantiated pricing and a defined plan for acquisition. For-sale-by-owner practices can be more of a wild card.
Population Demographics – If you are considering an area for a new build, will the demographics of the area you are considering support your business plan?
Personal Financial Situation – Do you have the financial reserves to weather a start-up? While there are pros and cons to both routes, buying an established practice certainly generates more initial cash flow.
The two suggestions:
Get Help – This will be one of the biggest decisions of your life, whichever route you take. There are some truly skilled and experienced professionals out there that will help guide you through this process in an efficient manner and allow you to minimize risk while seizing the opportunity.
If You Can Produce, Get Moving – Are you a high producer? Can you manage and lead? Can you practice great veterinary medicine without someone looking over your shoulder? If you answered yes to these questions, what are you waiting for?
Read MoreChoosing between Buying an Existing Practice Or Doing a New Build
By Choosing between buying an existing practice and doing a start-up practice can be one of the biggest decisions of your life. Here are four considerations and two suggestions for when you are contemplating.
The four considerations:
Market Saturation – How many dentists are practicing in the area you are considering? Hardly any? One on every corner? Somewhere in between? Establishing traction in a high competition area will require a much higher marketing budget. Do you know your marketing budget? Do you have a marketing plan?
Available Practices for Sale – How many practices are for sale in the area you are considering? Do those practices have a broker representing them? Broker representation usually equates to well-substantiated pricing and a defined plan for acquisition. For-sale-by-owner practices can be more of a wild card.
Population Demographics – If you are considering an area for a new build, will the demographics of the area you are considering support your business plan?
Personal Financial Situation – Do you have the financial reserves to weather a start-up? While there are pros and cons to both routes, buying an established practice certainly generates more initial cash flow.
The two suggestions:
Get Help – This will be one of the biggest decisions of your life, whichever route you take. There are some truly skilled and experienced professionals out there that will help guide you through this process in an efficient manner and allow you to minimize risk while seizing the opportunity.
If You Can Produce, Get Moving – Are you a high producer? Can you manage and lead? Can you do great dentistry without someone looking over your shoulder? If you answered yes to these questions, what are you waiting for?
Read MoreDentist Entrepreneurial Summit 2021
What you receive when you come to the GIG M.BF. Entrepreneurial Mastermind Summit:
The GIG M.B.F. Entrepreneurial Summit is designed as a total support system for Dentists/entrepreneurs with their sights set on “sky’s-the-limit” growth and the freedom to create the kind of richly satisfying life they dreamed of when they made the decision to become a dentist.
With all the changes in dentistry and transitions with our world and life, this summit will be a way to re-energize, renew and rediscover new ways to keep our practices growing and thriving.
The GIG M.B.F. Entrepreneurial Summit is about you and your growth. You decide on your most important goals and on your game plan. We provide the structure, tools, and support that give you a new perspective on your business and a fresh way of thinking – and keep you on track to turn your new goals into reality, and to keep us moving forward.
Here’s how that happens:
1. GIG team founders, speakers, and Mastery Leadership Directors will facilitate and provide the structure for each Entrepreneurial Mastermind Summit. Much of the learning and success will come from being and interacting with like-minded dentists who encourage, challenge, and support each other.
2. At the GIG Summit, you’ll have plenty of time to focus on and strategize what’s most pressing in your business right now – and get objective feedback from the GIG team and the other successful dentists in the room. Fresh perspectives and breakthrough insights are inevitable, making it a mind-stretching, life-changing two-and-a-half-days.
3. At the end of the two-and-a-half-day Mastermind Summit, you’ll leave armed with new thinking and tools PLUS a plan with prioritized, concrete action steps for the next 6 to 12 months to share with your team. New ideas are energizing, but it’s the clarity about the action steps needed that get things done.
4. GIG Summit will provide entrepreneurial tools, support material, etc. which will accelerate learning of the different “modules.” Each dentist will end up individualizing their learning.
Why GIG Summit Now?
Growth Into Greatness Institute over the last two decades has supported Dentists through all types of practice transitions. This community of dentists will be actively engaged in new growth, tools, and support to keep reaching higher goals and personal, professional aspirations.
We have intentionally rescheduled this meeting for October 21-23, 2021, because we expect the Coronavirus to have been defeated by then and dentists will want to return to C.E. and professional growth, profitability, and success. A like-minded community of dentists sharing their experiences in this “rebirth” will surely be beneficial to everyone. Enrollment applications and RSVPs are now being accepted. The time is now We all need each other to be strong. Let’s press on together!
CLICK HERE TO DOWNLOAD FLYER & REGISTRATION FORM
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