posted on: 03/16/2026
In a profession built on personal relationships, the question of who “owns” the client is not always straightforward. Is it the business or the service provider? Non-solicitation agreements have been a staple in the beauty and wellness space, but as states begin regulating employment restrictions for licensed cosmetologists, some professionals are asking whether these agreements still belong in 2026.
What Are Non-Solicitation Agreements and Why Should You Care?
Non-solicitation agreements are designed to prevent former employees from “poaching” clients or staff for a period after leaving a salon. They’re not as restrictive as noncompetes, but they still influence how professionals navigate career changes. Because repeat client visits are the bread and butter of a successful business, these agreements can have a huge impact on both owners and service providers.
Utah is making changes this year with House Bill 270, which aims to ensure employment agreements don’t unnecessarily limit professional mobility. It’s one example of how states are joining the conversation to modernize what employment restrictions could look like today.
As states revisit these rules, it’s worth examining how these agreements fell in favor among business owners, what they offer, where they fall short, and whether they make sense for the future of the cosmetology profession.
How These Agreements Became Popular in Beauty and Wellness
Non-solicitation agreements in beauty and wellness were originally informal and rudimentary in nature. But as chain salons and spas began popping up on every corner, owners and franchisees sought ways to avoid revenue loss when a cosmetologist left the company. In response, some states created clearer rules around reasonable time limits, independent contractor rights, and the handling of client data.
As a result, these agreements became a way to protect a business’s client base and investments in staff. Despite clearer rules, there is growing conversation around whether they still strike the right balance between fairness and effectiveness. To understand the debate, it helps to look at why some owners opt to use non-solicitation agreements and why others think they’ve outlived their usefulness.
Why Business Owners Embrace Non-Solicitation Agreements
Sharp, strategic business owners want to protect their most valuable assets: their clients, staff, and reputation. Non-solicitation agreements are one way to do that. Owners may choose to use them because they:
- Protect client lists and data, business strategies, and color formulas
- Safeguard investments in onboarding/training, continuing education, and marketing
- Prevent client poaching and coordinated staff departures
- Maintain business stability and staff cohesion in a high-turnover profession
- Reduce client confusion during staff transitions
- Create consistent, predictable business revenue
Why Some Oppose Non-Solicitation Agreements
Not every business owner wants to enforce a non-solicitation agreement, and not every employee sees value in signing one. Some have concerns about non-solicitation agreements because they may:
- Function like a noncompete if a provider can’t tell a client where they’re going, leading to a gap in filling their books
- Limit a professional’s ability to change jobs
- Create workplace tension, lower morale, and increase turnover rates
- Deter talented providers from applying if the agreement feels outdated
- Deny client autonomy if they want to choose their provider (clients often follow their favorite)
- Damage a business’s reputation if the agreement is overly restrictive
Independent contractors are a major sticking point. For professionals who rent space (often 1099s), these agreements can be especially problematic. Solopreneurs typically “own” their clientele, and a business owner generally should not have access to a tenant’s client information.
Moving Forward with Non-Solicitation Agreements
So, do non-solicitation agreements still have a place in the beauty and wellness space? The answer isn’t simple, and it’s up for debate. These agreements can protect businesses from financial harm, yet they can also feel restrictive in a profession where client loyalty is deeply personal and often cultivated by the service provider, even if a business invests heavily in that provider’s training and development.
As the beauty and wellness professions continue to evolve, non-solicitation agreements will need to evolve with them. The future will require a balance that respects both a business’s need for stability and a professional’s need for reasonable mobility, all while honoring the client relationships that are the heart of cosmetology.