Creative Memories, Creative Memories Threatens Ex Consultants For Selling Products to Recoup Money St Cloud Minnesota

When you sign up as a consultant with Creative Memories you are required to either initial by or (if on a computer) check a box by a statement that you have read and agree to the terms and conditions of the policies of the company.  If you checked that box (which you would have had to in order to complete the application) then you agreed to not sell product after terminating your position as a consultant. 

You must be at least 18 years of age to sign up as a consult with this company, and being such should be able to understand the terms of a contract.  The agreement clearly states that it is direct violation of company policy to sell the products online, in a store front, or at a flee market/yard sale.

It is not the fault of the company or certainly the co-founder that a grown woman did not actaully read the agreement she was signing.

 I am in a similar situation.  I was a Creative Memories consultant YEARS ago.  I have a huge amount of stock.  As you know they really bully you into buying way more than the average consultant can sell, especially when all the new scrapbooking stores started opening.
  I tried to sell some of the stock on ebay and was quickly shut down and had my account on ebay frozen, thanks to Creative Memories claiming I had a trademark violation.  With no way to respond other than contacting Creative Memories.  Obviously Creative Memories continued with their threats and bullying tactics.
  I live in Colorado and did a little research.  I am not a lawyer so I'm sure there are some nuances that I don't know, but the basic determination is this.
  The state of Colorado HATES non-compete clauses.  The paragraph in the consultant agreement is basically a non-compete clause.  Colorado rarely upholds con-compete clauses except in some very specific exceptions that are narrowly interpreted.  The only exception that I could find that even comes close to this clause would be the sale of business assets.  If Creative Memories considers their "products" their "business assets" then 1) there is still a situation specific time limitation of about 5 years in Colorado, and 2) it opens up a whole set of issues that Creative Memories probably doesn't want to go into if they started classifying products as business assets.  That would imply that every person who purchased Creative Memories products now own Creative Memories business assets and therefore part of the company?
  As to the mediation clauses and you have to complain in Minn., once the relationship is terminated it is difficult to make the argument that that clause still is in effect (even though Creative Memories probably would make that argument)
  I'm going to take my chances, I'm just mad that EBAY won't let you continue, so I'll have to work around their issues.
   I agree with Michelle - how much money can Rhonda possibly want?  Gone are the days when she promoted family and friendship as part of her sales pitch.

I have dealt with Creative Memories threats in the past. And was able to get past them easily via my lawyer. Here is what I learned...

There is a limit to what a company can hold you to when it comes to any "non-compete" contract. Any contract which tries to bar you from selling said product for the rest of your lifetime will NOT hold up in any court.

First, find out when you deactivated. Then, find out the statute of limitations in your state. (Most are no longer than 6 years). Add that to your deactivation date and that's when you can legally sell on eBay or Craigslist.

Before that time, you can always have your husband or adult family member "sell" your products for you - it's perfectly legal.

Be careful that you honor their copyrights when listing you products online - that's a whole separate lawsuit that they can sue you over. (ie. don't use their pictures off the internet - take your own).

Good luck! I hope this helps others!!