A Disc Jockey Business involves music programming, event planning, providing a masters of ceremonies, as well as securing lighting technicians, audio technicians, and coordinators of every event.
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.
When a restriction of competition is invalid because it is too long or covers too great a geographical area, Courts will generally do one of two things. Some Courts will trim the restrictive covenant down to a period of time or geographical area that the Court deems reasonable. Other Courts refuse to enforce the restrictive covenant at all and declare it void.
There is a split of authority as to whether continued employment alone is sufficient consideration for a covenant not to compete that is entered into after the beginning of employment.
Michigan Noncom petition Agreement between Employer and Employee with Regard to Disc Jockey Business A Michigan noncom petition agreement between an employer and employee in the disc jockey (DJ) business is a legally binding document that outlines the terms and conditions regarding the restriction of competition after the termination of employment. This agreement aims to protect the employer's business interests by preventing the employee from engaging in DJ services that may compete directly or indirectly with the employer's business. In Michigan, there are different types of noncom petition agreements that may be tailored specifically for the disc jockey industry. Some variations include: 1. Limited Geographic Noncom petition Agreement: This type of agreement restricts the employee from providing DJ services within a specific geographic area, such as a certain county or city. The scope of the restriction is defined clearly within the agreement. 2. Limited Time Noncom petition Agreement: This agreement imposes a time limitation on the employee's ability to engage in competitive DJ services after the employment termination. For example, the agreement may prohibit the employee from DJing for a competitor for a specified period, usually ranging from one to two years. 3. Comprehensive Noncom petition Agreement: This type of agreement combines both geographic and time restrictions. It restricts the employee from providing DJ services within a certain geographic area for an agreed-upon period after employment termination. Regardless of the specific type, a comprehensive Michigan noncom petition agreement generally includes the following key elements: 1. Parties: Identifies the employer (disc jockey company) and the employee (the DJ). 2. Definition of Competing Services: Clearly defines the types of DJ services that are considered competitive with the employer's business, including any subgenres or related fields. 3. Scope and Duration: Describes the geographic area where the noncom petitions restriction applies and the length of time the employee is bound by the agreement. 4. Prohibited Activities: Outlines the specific DJ services or business activities that the employee is prohibited from engaging in during the noncom petition period. 5. Consideration: Specifies the consideration provided to the employee in exchange for signing the agreement, often in the form of continued employment, training, confidential information, or compensation. 6. Enforceability: Addresses the enforceability of the agreement, including any provisions that may render it void or unenforceable under Michigan law. 7. Remedies: States the remedies available to the employer in case of a breach of the noncom petition agreement, such as injunctive relief, liquidated damages, or recovery of attorney's fees. It is vital for both the employer and employee to review the terms of the noncom petition agreement carefully before signing. Consulting with legal professionals experienced in Michigan employment law is recommended to ensure compliance with state statutes and regulations. Additionally, each party should negotiate the terms that are fair and reasonable given the nature of the disc jockey business and its specific circumstances.
