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.
Montana Contract Between Video Production Company and Production Crew Member: A Comprehensive Guide Introduction: In the dynamic world of video production, it is essential to establish clear expectations and agreements between the video production company and the production crew member. To ensure a successful collaboration and protect the rights of both parties, a Montana Contract is a vital document. This detailed description will delve into the key components and types of contracts that exist between video production companies and production crew members in Montana. Key Components of the Montana Contract: 1. Parties Involved: Clearly identify the video production company (referred to as "Company") and the production crew member (referred to as "Crew Member") by stating their legal names, contact information, addresses, and any relevant company or individual identification numbers. 2. Scope of Work: Define the specific role and responsibilities of the Crew Member, including but not limited to camera operator, gaffer, sound engineer, editor, or any other production-related duties. This section should specify the expected start and end dates of the engagement, along with the number of working hours per day/week. 3. Compensation: Clearly outline the payment terms, rates, and any additional compensation, such as overtime rates, travel expenses, per diem, or equipment rental fees. It is crucial to specify how and when payments will be made, whether via direct deposit, check, or other mutually agreed-upon methods. Also, mention whether taxes will be deducted at the source. 4. Confidentiality: Address the confidential nature of the work and the need to protect proprietary information, trade secrets, client privacy, and any intellectual property belonging to the video production company. Both parties should commit to signing non-disclosure agreements or other confidentiality clauses to safeguard sensitive information. 5. Work-for-Hire Agreement: Clearly state that all work produced by the Crew Member during their engagement is considered a "work-for-hire." This means that any intellectual property, including but not limited to video footage, music compositions, graphical elements, or scripts created by the Crew Member, will become the sole property of the video production company. 6. Termination: Outline the conditions under which either party may terminate the contract, including but not limited to breach of contract, non-performance, violation of established policies, or any other relevant circumstances. Include the notice period required for termination and any associated liabilities. 7. Dispute Resolution: Specify the methods for resolving conflicts or disputes that may arise during the engagement. This could include mediation, arbitration, or litigation in accordance with the laws and regulations of Montana. Types of Montana Contracts Between Video Production Company and Production Crew Member: 1. Freelance/Independent Contractor Agreement: This contract is suitable when engaging production crew members on a project-by-project basis, where the Crew Member maintains their independence and may work with multiple video production companies simultaneously. 2. Employment Contract: In cases where the Crew Member is hired as a permanent employee of the video production company, this contract establishes the rights, benefits, and responsibilities associated with full-time or part-time employment status. Conclusion: A well-drafted Montana Contract Between Video Production Company and Production Crew Member is essential for establishing a mutually beneficial working relationship. By addressing key components such as scope of work, compensation, confidentiality, work-for-hire provisions, termination, and dispute resolution, both parties can ensure a smooth collaboration and protect their rights. Whether it's a freelance agreement or an employment contract, clear communication and legal documentation are vital for the success of any video production endeavor in Montana.
