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.
Title: Michigan Contract Between Video Production Company and Production Crew Member: A Comprehensive Guide Introduction: In the bustling world of video production in Michigan, it is crucial for both video production companies and production crew members to establish a clear and concise agreement. This article aims to provide a detailed description of a Michigan contract between video production companies and production crew members, highlighting its significance, key points, and possible variations. 1. Understanding the Agreement: The Michigan contract between video production companies and production crew members outlines the terms and conditions governing their professional relationship. It serves as a legally binding document that protects both parties' rights, expectations, and responsibilities throughout the production process while adhering to relevant Michigan labor laws and regulations. 2. Key Elements of the Contract: a) Services: The contract should clearly define the specific services to be provided by the production crew member, including their role, responsibilities, and agreed-upon working hours. b) Compensation: It is essential to outline the crew member's remuneration, payment schedule, potential overtime rates, and reimbursement policies for expenses incurred during production. c) Intellectual Property Rights: The contract should address the ownership and usage of any intellectual property created during the project, ensuring that the video production company retains the rights necessary for its distribution and promotion. d) Confidentiality and Non-Disclosure: To preserve trade secrets and maintain confidentiality, this section outlines the crew member's obligation to maintain information privacy, both during and after the project concludes. e) Termination: This section discusses the conditions under which either party may terminate the agreement, including material breaches, written notice requirements, and potential financial repercussions. f) Indemnification and Liability: The contract should clearly define each party's liability and indemnification obligations, clarifying that the crew member will be held responsible for their actions while engaged in production activities. 3. Types of Michigan Contracts: a) Temporary Employment Agreement: This type of agreement is employed for engagement periods extending beyond a single production, often involving long-term commitments between the video production company and an individual crew member. b) Project-Based Contract: Typically used for freelance or short-term arrangements, this contract covers a specific production, outlining the crew member's duties, duration, compensation, and other essential terms. c) Work-for-Hire Agreement: This contract emphasizes that any work created during the project will become the exclusive property of the video production company, ensuring they retain all copyrights and control over the product's distribution. d) Non-Disclosure Agreement (NDA): It focuses on protecting sensitive information shared between the video production company and the crew member, reinforcing the importance of confidentiality. Conclusion: A clear and comprehensive Michigan contract between video production companies and production crew members is essential for establishing a solid foundation and maintaining a professional working relationship. By covering all essential terms and conditions, both parties can embark on a collaborative journey with confidence and mutual understanding, fostering successful video productions in the vibrant state of Michigan.
