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.
Utah Contract Between Video Production Company and Production Crew Member In the bustling world of video production, a well-drafted contract serves as the foundation for a successful collaboration between a video production company and its crew members. In the state of Utah, specific agreements ensure a clear understanding of the rights, responsibilities, and expectations of both parties involved. Let's delve into the key elements that constitute a Utah Contract Between Video Production Company and Production Crew Member. Type 1: Agreement for Freelance Production Crew Members When hiring freelance production crew members in Utah, a comprehensive contract is vital to protect the interests of both the video production company and the crew members. This agreement typically includes the following elements: 1. Introduction: The contract should start with a clear statement of the intent to enter into an agreement between the video production company (referred to as "Employer") and the individual crew member (referred to as "Crew Member"). 2. Services and Compensation: This section defines the specific role(s) the Crew Member will undertake, such as camera operator, sound engineer, or lighting technician. It also outlines the payment terms, including the rate, method of payment, and any additional compensation for overtime or specialized tasks. 3. Work Schedule: The contract should clearly establish the expected working hours, including call times, wrap times, and meal breaks. Additionally, it may address the possibility of extended hours or unexpected working conditions. 4. Intellectual Property: This section defines the ownership of intellectual property rights. It stipulates that all footage, recordings, scripts, storyboards, or other creative assets produced during the project belong to the video production company, safeguarding their exclusive rights to use and distribute the content. 5. Confidentiality and Non-Disclosure: To protect proprietary information, trade secrets, or sensitive client data, the contract may include clauses prohibiting the disclosure of such information by the Crew Member both during and after the project's completion. 6. Indemnification and Liability: This provision states that the Crew Member will indemnify and hold harmless the video production company from any liability arising from their actions or omissions during the project. Type 2: Employment Agreement for Full-Time Crew Members For crew members employed full-time by a video production company in Utah, there are additional considerations to address. In addition to the aforementioned elements, a Full-Time Employment Agreement may include: 1. Benefits: To specify the benefits available to full-time crew members, such as health insurance, retirement plans, paid time off, or other applicable perks. 2. Termination and Severance: This section outlines the conditions under which the employment relationship can be terminated, including grounds for termination and severance arrangements, if any. 3. Non-Compete and Non-Solicitation: An agreement to prevent the crew member from engaging in similar work or soliciting the company's clients or other employees for a specific period after the termination of their employment. 4. Conflict Resolution: To establish the process for resolving any disputes that may arise during the course of the employment. Utah Contract Between Video Production Company and Production Crew Member ensures a professional and legally binding partnership, providing clarity, protection, and transparency throughout the entire production process. Creating an agreement that takes into account the unique needs and circumstances of each project and crew member allows for seamless collaborations, enhancing the quality and efficiency of video production endeavors in Utah.
