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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50177
Experience:  Qualified Employment Solicitor
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There I am a self- employed contractor working as a personal

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Hi There
I am a self- employed contractor working as a personal trainer for a private studio. What are my rights regarding taking my clients with me when my contract comes to an end?
I have been working there for 15 years and have a strong relationship with my clients. I am trying to embed most of them into other trainers in the facility, but there are a few who have been with me for 10+ years who are not happy to work with anyone else, and therefore would like to come with me.
Please see the below clauses in my contract - do these cover clients or just materials?:
Intellectual Property Rights
In respect of any goods that are transferred to the Customer under this Contract, including without limitation the Deliverables or any part of them, the Supplier warrants that it has full clear and unencumbered title to all such items, and that at the date of delivery of such items to the Customer, it will have full and unrestricted rights to transfer all such items to the Customer.
The Supplier assigns to the Customer, with full title guarantee and free from all third party rights, all Intellectual Property Rights in the products of the Services, including for the avoidance of doubt the Deliverables.
The Supplier shall, promptly at the request of the Customer, do (or procure to be done) all such further acts and things and the execution of all such other documents as the Customer may from time to time require for the purpose of securing for the Customer the full benefit of the Contract, including all right, title and interest in and to the Intellectual Property Rights assigned to the Customer in accordance with clause 6.2.
All Customer Materials are the exclusive property of the Customer.
Consequences of termination
On termination of the Contract for any reason:
the Supplier shall immediately deliver to the Customer all Deliverables whether or not then complete, Customer passwords, uniform, keys or other such Customer belongings and return all Customer Materials. If the Supplier fails to do so, then the Customer may enter the premises of the Supplier and take possession of them. Until they have been returned or delivered, the Supplier shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination; and
clauses which expressly or by implication have effect after termination shall continue in full force and effect.
I have a meeting with the company director tomorrow morning and would really appreciate some advice on where I stand legally.
What are you hoping to achieve?
Customer: replied 2 years ago.
I'd like to know what the legal position on this is as to legally, am I able to take a few clients with me when I start privately or are they 'property' of the studio where I am contracted to.
Hello i have been asked to look at this question. Looking at the clause you mentioned it would not appear that any clients will be included in it. Clients are not property as such and the clause is there to protect intellectual property and any materials. However, to cover clients it should have specifically referred to that and as far as the wording stands now, it would not include them. So i do not see how this clause can be emforced against you to prevent you from working with clients after you leave, especially if they decide to do so, rather than you inducing them to follow you. Even if you did, this clause is not intended for this. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50177
Experience: Qualified Employment Solicitor
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