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.
Arkansas Contract Between Video Production Company and Production Crew Member: A Comprehensive Guide Introduction: An Arkansas Contract between a Video Production Company and Production Crew Member is a legal agreement that outlines the rights, responsibilities, and obligations of both parties involved in the production process. This contract aims to ensure clarity and protect the interests of all parties, while also promoting a mutually beneficial working relationship. There may be various types of contracts specific to different roles within the production crew. Let us delve into the details of what such a contract entails: Key Components of the Contract: 1. Parties Involved: The contract identifies and includes the full legal names and contact information of the contracting parties — the Video Production Company (employer) and the Production Crew Member (employee or freelancer). 2. Scope of Work: The document outlines the specific role and responsibilities of the Production Crew Member in the video production. This may include positions like Director, Camera Operator, Sound Technician, Lighting Technician, Production Assistant, etc. The contract should specify the duration of the engagement and the number of hours expected per day or week. 3. Compensation and Payment Terms: This section defines the compensation structure, including the agreed-upon rate for the Crew Member's services. It may also mention any additional allowances such as travel expenses, accommodation, meal reimbursements, or overtime pay. Payment terms, such as the frequency and method of payment, should also be stated here. 4. Working Conditions and Hours: To establish clear expectations, the contract should outline the working hours, breaks, and overtime policy. It may specify whether the production crew member will be working on-location or in a studio, ensuring compliance with relevant labor laws and safety regulations. 5. Intellectual Property Rights: This section clarifies the ownership of all intellectual property created during the production. Typically, the Video Production Company retains full ownership, while the Crew Member may retain limited usage rights for personal promotion or portfolio purposes, subject to the company's approval. 6. Confidentiality and Non-Disclosure: To protect sensitive information, trade secrets, and client details, the contract may include a clause emphasizing the Crew Member's responsibility to maintain confidentiality during and after the project. Breach of confidentiality may result in legal consequences. 7. Termination Clause: This section outlines the conditions and terms for terminating the contract by either party. It may include provisions for early termination, notice periods, and grounds for termination, ensuring a fair and compliant process. 8. Liability and Insurance: It is vital to address liability and insurance coverage in case of accidents, damages, or injuries that occur during the production. This section may specify the required insurance coverage for both parties or refer to any existing policies. 9. Dispute Resolution: To resolve conflicts, the contract may include a clause that outlines the preferred method of dispute resolution, such as mediation or arbitration. This provides a framework for resolving issues outside the court system. Types of Arkansas Contracts between Video Production Company and Production Crew Members: While there might not be different types of contracts solely specific to Arkansas, some common variations may exist depending on various factors like project duration, union affiliation, or freelancing agreement. Examples include: 1. Fixed-Term Employment Contract: For crew members engaged for a specific duration. 2. Freelance Agreement: For independent contractors hired on a per-project basis. 3. Union Contract: Applicable if the crew member is a member of a trade union, with the agreement following union guidelines and standards. Conclusion: An Arkansas Contract between a Video Production Company and Production Crew Member is an essential legal tool that facilitates a transparent, productive, and harmonious work environment. By clearly defining the expectations, rights, and obligations of both parties, this contract helps encourage a successful collaboration in the dynamic field of video production.
