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.
Pennsylvania Contract Between Video Production Company and Production Crew Member: A Comprehensive Overview Introduction: The Pennsylvania Contract Between Video Production Company and Production Crew Member is a legally binding agreement that outlines the terms and conditions of the working relationship between the production company and the crew member. This contract ensures clarity, protects the rights of both parties, and ensures smooth collaboration throughout the production process. Let's delve into the key elements and essential points covered in this agreement. 1. Parties Involved: This contract establishes the agreement between the Video Production Company (hereafter referred to as the "Company") and the Production Crew Member (hereafter referred to as the "Crew Member"). Both parties' legal names, addresses, and contact details should be clearly stated. 2. Scope of Work: The contract specifies the specific services the Crew Member will provide during the production, which may include roles such as director, cameraperson, editor, sound engineer, lighting technician, or any other essential position. It should clearly list the crew member's responsibilities, tasks, and job description, ensuring a mutual understanding between both parties. 3. Compensation and Payment Terms: The contract outlines the agreed-upon compensation for the Crew Member's services. This typically includes factors such as hourly, daily, weekly, or project-based rates. Additionally, this section may include details about overtime, travel expenses, per diem, and reimbursement policies. Clear payment terms, such as due dates and methods of payment, should also be mentioned. 4. Term of Engagement: This section defines the duration of the engagement or employment relationship between the production company and the crew member. It specifies the start and end dates of the project, any probationary periods, and outlines conditions for termination, such as notice period or termination for cause. 5. Intellectual Property: The contract should address the ownership of intellectual property created during the production. Typically, it states that the Company shall own all rights, title, and interest to the project, including but not limited to the video footage, script, music, graphics, and other related materials. 6. Confidentiality and Non-Disclosure: To ensure the protection of sensitive information, trade secrets, or any proprietary information shared during the project, a confidentiality clause should be included. This restricts the Crew Member from disclosing any confidential information to third parties during and after the project's completion. 7. Insurance Liability: This section outlines the insurance coverage obligations, including general liability, workers' compensation, and equipment insurance. It clarifies the responsibilities of both parties in terms of maintaining adequate insurance and indemnification in case of any mishaps or damages. 8. Dispute Resolution and Governing Law: In the event of a dispute or disagreement, this section establishes the process for dispute resolution, whether through mediation, arbitration, or litigation. Furthermore, the contract specifies the state of Pennsylvania as the governing law under which any legal actions or remedies will be pursued. Types of Pennsylvania Contracts Between Video Production Company and Production Crew Member: While the content mentioned above forms the basis of a standard Pennsylvania contract between a Video Production Company and a Production Crew Member, specific contracts may vary slightly depending on various factors. Some potential variations include project-specific contracts, union contracts (such as those involving SAG-AFTRA), or contracts for specific positions/roles within the production crew (e.g., Director of Photography, Sound Mixer, Production Assistant). Conclusion: The Pennsylvania Contract Between Video Production Company and Production Crew Member serves as a crucial legal document safeguarding the rights and interests of both parties involved. By establishing clear terms and conditions, this contract fosters a collaborative and professional working environment, ensuring a successful and harmonious production process.
