A recent visit throwing the lacrosse ball around in the yard with my kid brought back happy memories of coaching the Dickson Youth Lacrosse Association (DYLAX) over the last several years. All the kids I worked with from kindergarten through 8th grade in that program each had their own “poor defense” tricks they used when fumbling a ball, which have supplied me with hours of entertainment as a parent. But those kinds of memories can’t keep me from recognizing when a lacrosse (or swim or volleyball or basketball or any type of athletic club) program may be using clauses that restrict participation to lock a family into one program or another without consideration for which option is best for them. A recent client blog post about non compete agreements in Tennessee was previously linked, but references other resources on some general questions you can ask.

A non compete agreement can mean different things depending on the context. For example, in the sports or academic context, it may require a family or athlete to participate in a program or perhaps a team until a specified time completes. The intention behind a non compete agreement may be to hold on to players so that the program’s success will continue one year to another, with an implied understanding that high school or youth programs will have a superior chance if families commit to staying with the program.

By contrast, if a non compete agreement relates to a job, a typical application might be that an employee agrees not to leave the company to work for another company for a time period. In the recreational context, sometimes a non compete agreement may be less strict.

It should go without saying that if your young athlete signs a non compete agreement, she is agreeing to play for that team instead of another, regardless of the coach. All the more reason to look at the potential effect of non compete clauses on players and their families.

If parents believe that they need to wait until a time period to participate in a program that suited their needs before they can participate in another program, the parents (and athlete) may miss out on a the right timing for them. When searching for a youth athletic program, parents can best anticipate their needs by asking the right combination of smart questions. Simple questions such as “What are the fees?” and “What times do the games take place?” will help establish general terms, but asking how long athletes can participate with one program can be an illuminating question. Even competition requirements are sometimes better understood through detailed questions, rather than assuming you understand what is meant.

Speaking from experience as a parent, I sometimes worry that my child could be affected by a program’s freeze-out clause. It can be intimidating to think about the possibility that your child might be locked into one program for a time period that is less than desirable to the player. The answer isn’t necessarily to avoid signing anything. But my advice would be to examine the details, weigh the pros and cons, and then make a decision. This close attention to detail will help your family narrow down the best options for you.

Other disclaimers about the legal ramifications aside, families often focus on the positive: “This program has great coaches.” Or “The program’s reputation won a Championship last season.” Those are thoughts are proudly expressed, and are true in many cases. That said, this is a good moment to remind ourselves that as parents and a community, we can offer a valuable service to our students, which is to make sure they are satisfied with a resolution to their concerns. Those concerns are often best expressed when families understand the full scope of their options and seek to make the best decision for their sake.

To be clear, I don’t see any potential dangers to having all the best coaches in the county at one program or team. The real danger is doing away with team sports or extra-curricular activities if you or your child are simply not able to serve their interest with a particular program. Having said this, as far as team movement goes, families and athletes would be most satisfied with the freedom to switch teams, rather than being locked into one.

Coaching changes, such as a move from the middle school team to the high school team, can be met with enthusiasm and trepidation. The excitement about a new coach can mitigate concerns about what layout to expect this season. However, this excitement may give way to resentment if that new coach is uncooperative when athletes want to move to a different team. In the big picture, parents can use this time to talk about their rights to choose when a team doesn’t work for them. You can ask them whether they feel they would be hindered in that same space when it is time to switch teams. Just as importantly, whether an athlete is looking into future careers or college prospects, the time constraints may be more delicate to manage than they expect. Families that are able to provide that support forge a strong community. Non compete agreements that are understood by all parties give families the opportunity to stay with programs that are best for them.

For a little more information, this is a link to another article on non compete agreements for those in the state of Tennessee.

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