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.
North Carolina Contract Between Video Production Company and Production Crew Member When entering into a working relationship between a video production company and a production crew member in North Carolina, it is essential to establish a legally binding agreement to clarify the rights, responsibilities, and expectations of both parties. This contract serves as a detailed description of the terms and conditions governing their collaboration. Here are the key components that should be included in such a contract: 1. Introduction: The contract should start with an introduction, clearly stating that it is a contract between the video production company and the production crew member. It should also mention the effective date of the agreement. 2. Parties Involved: Identify the full legal names and addresses of both the video production company and the production crew member. 3. Engagement: Define the specific role or position the crew member will assume within the video production team. The contract should outline the crew member's responsibilities, such as camera operator, sound technician, lighting specialist, etc. 4. Term: Specify the duration of the engagement, including the starting and ending dates or the duration of individual projects. It might also include provisions for contract renewal or termination. 5. Compensation: Detail the agreed-upon compensation for the production crew member's services. This may include hourly, daily, or project-based rates, specifying if any additional expenses, such as travel or accommodation, will be covered. 6. Work Schedule: Indicate the expected working hours and days, providing flexibility for occasional overtime if needed. It should also mention the rights to breaks and meal periods, complying with North Carolina labor laws. 7. Confidentiality: Include a clause regarding the protection of confidential information. This ensures that the crew member agrees not to disclose any trade secrets, client information, or other confidential materials acquired during their employment. 8. Intellectual Property Rights: Clarify the ownership of intellectual property, including all the recordings, scripts, videos, or any other deliverables created during the contract. Typically, the production company will retain ownership, but it's crucial to define this explicitly. 9. Non-Compete and Non-Disclosure: Include provisions to prevent the production crew member from engaging in any activities that may compete with the video production company's interests during and after the contract duration. This clause may also restrict the crew member from sharing any sensitive information or trade secrets with third parties. 10. Termination: Clearly outline the circumstances under which either party can terminate the contract. This may include breach of contract, failure to fulfill obligations, or mutual agreement. Specify any notice periods required for termination. 11. Dispute Resolution: Include a clause stating the preferred method of dispute resolution, such as mediation or arbitration, should any conflicts arise during the contract. This helps avoid costly litigation and encourages amicable settlements. Types of North Carolina Contracts Between Video Production Company and Production Crew Member: 1. Production Crew Member Employment Contract: This type of contract is used when hiring a crew member as an employee of the video production company. 2. Independent Contractor Agreement: When the production crew member is considered an independent contractor, this type of contract is used instead. It clarifies the non-employee nature of the working relationship, highlighting that the crew member is responsible for their taxes and other obligations. By creating a comprehensive contract using the relevant keywords above, both the video production company and the production crew member can ensure a clear understanding of their rights, obligations, and expectations, establishing a solid foundation for a successful working relationship in North Carolina.
