---
title: "What you can and can't do during a non-compete, Non-Competes, Non-Solicits & Confidentiality"
url: https://poolroutemarketplace.com/learn/navigating-non-competes/side-businesses-during-noncompete
description: "A reasonable non-compete leaves room for several legitimate activities. Knowing what's safe and what's not protects you and the buyer relationship.\n\n**Generally"
lang: en
---

# What you can and can't do during a non-compete

Lesson 7 of 8 · 7 min read

A reasonable non-compete leaves room for several legitimate activities. Knowing what's safe and what's not protects you and the buyer relationship.

**Generally safe (under most non-competes).**

\- Real estate investment, including residential properties with pools (you're an owner, not a service operator)
\- Consulting in a different geography
\- Working as an employee of a non-competing business
\- Equipment manufacturing or sales (different business)
\- Educational content (writing, courses, YouTube) about pool care
\- Investing passively in someone else's pool business

**Generally NOT safe.**

\- Servicing pools yourself in the restricted area
\- Hiring techs to service pools in the restricted area under any entity
\- Acquiring another route in the restricted area
\- Soliciting any of the customers you sold (regardless of geography, often)
\- Using customer lists from the prior business

**Gray areas (read your specific clause and consult counsel).**

\- Servicing pools in the restricted area for "free" (to friends, family), many courts consider this competition
\- Selling pool chemicals or parts in the restricted area
\- Being an investor or board member in a competing business in the restricted area
\- "Working with" an existing operator in the restricted area as an advisor

**The relationship test.** Before doing anything in the gray area, ask: would the buyer reasonably feel you were undercutting their investment? If yes, don't do it, even if a court might ultimately bless it. Litigation costs more than the activity is worth.

**Non-solicit is separate from non-compete.** A non-solicit ("you can't directly contact prior customers") often extends slightly longer than the non-compete and applies geography-free. Even if you move to a non-restricted area, you can't call the customers you sold.

**Communicating with the buyer.** If something legitimately ambiguous comes up, ask the buyer in writing for written consent. Most are flexible if asked respectfully; surprise discoveries breed lawsuits.

## Quick check

\1. What's almost always permitted during a non-compete?

\2. What's separate from non-compete and often broader?

\3. Best practice for a genuinely ambiguous activity?

\4. Generally permitted activity?

\5. What's separate from non-compete and often broader?

\6. Selling pool equipment online is always safe during a service non-compete.

Earn 50 points

Mark this lesson complete

← Previous lesson: https://poolroutemarketplace.com/learn/navigating-non-competes/negotiating-non-compete-terms
Next lesson →: https://poolroutemarketplace.com/learn/navigating-non-competes/non-compete-buyout-strategies

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