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.
A Kentucky contract between a video production company and a production crew member is a legally binding agreement that outlines the terms and conditions of their working relationship. It governs the rights and responsibilities of both parties involved in the video production process and ensures a smooth operation throughout the project. Here is a detailed description of what a Kentucky contract between a video production company and a production crew member may entail: 1. Terms of Employment: The contract will establish the duration of the crew member's employment, specifying whether it is for a fixed term or an ongoing engagement. 2. Scope of Work: The contract will define the specific role and responsibilities of the crew member, such as camera operator, sound engineer, editor, or other production-related positions. It will outline the crew member's obligations, including tasks related to pre-production, shooting, post-production, and any additional requirements. 3. Compensation: The contract will detail the crew member's compensation package, including the agreed-upon rate or salary, payment schedule, and any allowances or bonuses. It will also outline any reimbursement policies for expenses incurred during the production process, such as travel or equipment costs. 4. Working Hours: The contract will stipulate the crew member's working hours, including any overtime or weekend work, and how it will be compensated. It may also address meal breaks and rest periods to ensure compliance with labor laws. 5. Independent Contractor Status: If the crew member is hired as an independent contractor rather than an employee, the contract will disclose this arrangement and outline the implications, such as taxation responsibilities and absence of employment benefits. 6. Confidentiality and Non-Disclosure: To protect the video production company's proprietary information, the contract may include provisions regarding the crew member's obligations to maintain confidentiality during and after their employment. This may involve restrictions on sharing project details, client information, or any trade secrets. 7. Intellectual Property: The contract will address the ownership and rights to intellectual property developed during the production process. It may state that the video production company retains all rights to the final product while granting the crew member limited usage rights for their portfolio. 8. Termination Clause: The contract will outline the circumstances under which either party can terminate the agreement, including notice periods or conditions that may warrant immediate termination. It will also address any consequences, such as the return of equipment or outstanding payments upon termination. 9. Indemnification and Liability: The contract may include clauses that protect both parties from liability, specifying who is responsible for any losses, damages, or legal claims arising from their actions or omissions during the production process. Different types of Kentucky contracts between a video production company and a production crew member may vary based on the nature of the project, duration of engagement, or specific requirements. Some examples include contracts for freelance crew members, contracts for ongoing crew members, contracts for specialized positions like director or cinematographer, or even project-specific contracts for short-term collaborations.
