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.
The Wyoming Contract Between Video Production Company and Production Crew Member is a legal agreement that establishes the terms and conditions of the working relationship between a video production company and a production crew member in the state of Wyoming. This contract is essential to ensure that both parties understand their rights, responsibilities, and obligations throughout the production process. It also serves to protect the interests of both parties in case of disputes or misunderstandings. The contract typically covers various aspects, including but not limited to the following: 1. Parties involved: Clearly state the names and contact details of the video production company (employer) and the production crew member (employee/independent contractor). 2. Scope of work: Describe in detail the specific duties and responsibilities of the crew member, such as camera operations, lighting, sound, editing, etc. Clarify if the crew member will work exclusively for the company during this project or if they are allowed to undertake other jobs simultaneously. 3. Employment status: Specify the crew member's employment status, whether they will be classified as an employee or an independent contractor. This determines the employee benefits, tax obligations, and rights provided under the law. 4. Compensation and payment terms: State the agreed-upon rate or salary for the crew member's services. Clarify the method, frequency, and deadline for payment, whether it will be paid as a lump sum, hourly, daily, or on completion of specific milestones. 5. Work hours and overtime: Define the work schedule and mention any overtime requirements or limitations. Specify the rate of pay for overtime work, in accordance with Wyoming labor laws. 6. Project timeline and deliverables: Outline the start and end date of the project, as well as anticipated working hours per day. Mention any milestone deadlines or delivery dates for specific project components, such as raw footage, edited videos, etc. 7. Expenses and reimbursements: Describe the crew member's entitlement to expense reimbursements for costs incurred during production, such as travel, accommodation, meals, equipment rentals, etc. Outline the process for submitting expense reports and the timeframe for reimbursement. 8. Work conditions and safety: Include provisions that ensure the crew member will work in a safe environment, adhering to industry standards and Wyoming occupational safety regulations. Address any necessary insurance coverage for accidents or injuries that may occur during the project. 9. Rights and ownership: Clarify the ownership and rights of the produced content. Typically, the video production company retains full ownership, while the crew member is granted limited usage rights for their portfolio or promotional purposes. 10. Confidentiality and non-disclosure: Protect sensitive information pertaining to the production, clients, intellectual property, trade secrets, etc. Detail the crew member's obligation to maintain confidentiality during and after the project. 11. Termination and dispute resolution: Outline the conditions under which either party can terminate the agreement and the process to be followed. Include a clause for dispute resolution, such as mediation or arbitration, to resolve any conflicts amicably. Some different types of Wyoming Contracts Between Video Production Company and Production Crew Members may include: 1. Fixed-term contracts: These contracts have a specific start and end date, usually for a predefined project. 2. Open-ended contracts: These contracts do not have a specified end date and continue until terminated by either party. 3. Independent contractor agreements: These contracts establish a working relationship between the video production company and a freelance production crew member, who operates as their own business entity. 4. Non-disclosure agreements: These contracts focus primarily on confidentiality obligations and may be used in conjunction with other contract types to protect proprietary information. It is important for both the video production company and the production crew member to consult with legal professionals to customize the contract according to their specific needs and ensure compliance with Wyoming state laws.
