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.
Maryland Contract Between Video Production Company and Production Crew Member: A Comprehensive Guide Introduction: A Maryland contract between a video production company and a production crew member serves as a legally binding agreement that outlines the terms and conditions governing their professional relationship. This contract ensures clarity, protection, and mutual understanding for both parties involved in a video production project. The terms may vary based on the specific roles, responsibilities, and nature of the project. However, common provisions such as compensation, work duties, intellectual property rights, and dispute resolution are typically included in these contracts. 1. Types of Maryland Contracts Between Video Production Company and Production Crew Member: a. Maryland Independent Contractor Agreement: This type of contract establishes the relationship between the video production company and the production crew member as that of an independent contractor. It defines the scope of work, compensation, and other essential terms agreed upon. b. Maryland Work-for-Hire Agreement: A work-for-hire agreement enables the video production company to retain full rights over the produced content while compensating the production crew member for their work. This contract ensures that the video production company owns all intellectual property rights associated with the production. c. Maryland Employment Agreement: In some cases, the production crew member may be hired as an employee by the video production company. This agreement ensures compliance with Maryland labor laws, enlisting responsibilities, benefits, and obligations of the employer and the employee. 2. Essential Clauses in a Maryland Contract Between Video Production Company and Production Crew Member: a. Job Responsibilities and Duties: Clearly define the production crew member's role, tasks, and deliverables to avoid any ambiguity regarding their job responsibilities. b. Compensation: Specify the agreed-upon compensation for services rendered, including rates, payment schedule, and any additional expenses reimbursed by the video production company. c. Non-Disclosure and Confidentiality: Protect sensitive information about the project, client, and company by including a clause that restricts the production crew member from disclosing or using confidential information without prior consent. d. Intellectual Property Rights: Determine the ownership of intellectual property related to the project, including copyrights, trademarks, and any other intangible assets created during the production process. e. Work Schedule and Hours: Clearly outline the production crew member's work schedule, including call times, shoot dates, and expected hours of work to ensure compliance with state labor laws. f. Termination and Cancellation: Define the terms under which either party can terminate the agreement, including notice periods, reasons for termination or cancellation, and any associated consequences or liabilities. g. Liability and Insurance: Allocate responsibility for any accidents, damages, or injuries that may occur during the production process. Specify the necessary insurance coverage to be obtained by both parties. h. Dispute Resolution: Specify the method of dispute resolution, such as arbitration or mediation, to resolve any conflicts that may arise during the course of the project. Conclusion: A Maryland contract between a video production company and a production crew member is a vital document that safeguards the rights and interests of both parties. By addressing crucial aspects such as compensation, work duties, intellectual property, and dispute resolution, this contract ensures a smooth and mutually beneficial collaboration throughout the video production process. It is recommended to consult with legal professionals or experts familiar with Maryland contract law to tailor the agreement to the specific needs of the production project.
