Non-Compete Clause

A non-compete clause prohibits the athlete from working with competing brands for a defined period — typically during the contract term plus a "tail" period of weeks or months after termination. Non-competes overlap with exclusivity clauses, but the focus is post-termination restriction rather than in-term restriction. Enforceability varies dramatically by state: California broadly refuses to enforce non-competes against individuals; the FTC has signaled enforcement-policy hostility toward non-competes generally; many other states enforce reasonable, narrowly-tailored non-competes. Athletes should push hard for a tail period of zero or near-zero (30 days at most), a narrow product / category scope, geographic limits, and a carve-out for deals signed before the contract effective date. A multi-year post-termination non-compete in a low-fee NIL deal is rarely enforceable but can still chill new deals.