Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
The crew member in this form is an independent contractor rather than an employee. An independent contractor is a person who performs services for another person under an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
A Hawaii Contract between a Video Production Company and a Production Crew Member is a legal agreement that outlines the rights, duties, and obligations of both parties involved in the production process. This contractual document ensures clarity and protection for both the company and the crew member working on a video production project in Hawaii. The key elements that should be included in a Hawaii Contract Between Video Production Company and Production Crew Member are: 1. Identification of Parties: Start the contract by clearly stating the names and addresses of the video production company hiring the crew member and the crew member themselves. 2. Scope of Work: Specify the role and responsibilities of the crew member in the production. This may include tasks such as camera operation, sound engineering, lighting, production assistance, etc. 3. Compensation: Clearly state the agreed-upon compensation for the crew member's services, including hourly rates, overtime rates, and any additional benefits or reimbursements. Hawaii-specific labor laws and requirements should be taken into consideration. 4. Work Schedule: Outline the expected working hours, including the duration of the project, regular working hours, overtime expectations, and any specific dates or times that require availability. 5. Confidentiality and Non-Disclosure: Include a clause that addresses the crew member's obligation to maintain the confidentiality of any sensitive or proprietary information they may come across during the production, including the footage, production techniques, or trade secrets. 6. Ownership and Licensing: Clearly define who retains ownership rights to the video production, including the raw footage, edited versions, and any intellectual property created during the project. Specify the rights granted to the video production company and any limitations on the crew member's use of the material. 7. Termination and Cancellation: Detail the circumstances under which either party can terminate the agreement, including notice periods and any financial implications for early termination. 8. Indemnity and Liability: State that the crew member is responsible for their actions or negligence during the project and that they will indemnify and hold the video production company harmless from any claims, damages, or expenses arising from their work. Additional types of Hawaii Contracts Between Video Production Company and Production Crew Member may include: 1. Fixed-Term Contract: If the project has a specific start and end date, a fixed-term contract can be used to outline the duration of the engagement. 2. Freelance Contract: For crew members hired on a freelance basis rather than as full-time employees of the video production company. 3. Non-Compete Agreement: Can be included to restrict the crew member from working on similar projects or for direct competitors for a certain period after the completion of the project. 4. Insurance Agreements: Specific provisions related to workers' compensation insurance or liability insurance can be included based on Hawaii law requirements. In all cases, it is essential to consult with legal professionals familiar with Hawaii labor laws and regulations to ensure the contract complies with the specific requirements of the state, protects both parties, and minimizes the risk of future disputes.
