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.
New Hampshire Contract Between Video Production Company and Production Crew Member: A Detailed Description In the fast-paced world of video production, it is essential to establish a clear and legally binding agreement between the video production company and the production crew members. This contractual arrangement ensures that the rights, responsibilities, and expectations of both parties are clearly outlined, providing a solid foundation for a successful production project. The New Hampshire Contract Between Video Production Company and Production Crew Member aims to protect the interests of both the production company and the crew member involved. This comprehensive agreement covers various aspects of the working relationship, including the scope of work, compensation, intellectual property rights, obligations, liability, and dispute resolution. Key features included in the New Hampshire Contract Between Video Production Company and Production Crew Member: 1. Scope of Work: This section entails a detailed description of the services that the crew member is expected to provide. It highlights the specific roles and responsibilities assigned, such as cinematography, sound engineering, lighting, editing, or any other production-related tasks. 2. Compensation: The agreement clearly outlines the terms of payment for the crew member's services, including the amount, frequency, and method of payment. It may include additional provisions for overtime, expenses, or bonuses depending on the nature and duration of the production project. 3. Employment Relationship: It is essential to define the nature of the relationship between the production company and the crew member. This section clarifies that the crew member is an independent contractor, not an employee, with no right to benefits or insurance provided by the production company. 4. Intellectual Property Rights: To protect the interests of both parties, this section specifies the ownership and usage rights of the produced content. It delineates whether the production company has exclusive rights or whether the crew member retains certain rights for their portfolio or personal use. 5. Obligations and Responsibilities: This part outlines the obligations of both the production company and the crew member throughout the project. It covers aspects such as working hours, adherence to industry standards, cooperation, professionalism, and maintaining the confidentiality of sensitive information. 6. Liability and Insurance: This section addresses liability issues and states that the crew member is responsible for their actions and any damage caused during the production. It may also require the crew member to maintain liability insurance coverage during the term of the contract. 7. Termination: The contract should include provisions for termination, including the conditions under which either party can terminate the agreement and the notice period required. It is vital to define the consequences of termination, such as final payment or return of provided equipment. Types of New Hampshire Contracts Between Video Production Company and Production Crew Member: 1. Freelance Crew Member Contract: This contract is suitable for freelance crew members hired for a specific video production project. It outlines the terms and conditions of the engagement, compensation, work scope, and intellectual property rights. 2. Long-term Crew Member Contract: This type of contract is suitable for crew members engaged by a video production company on a long-term basis. It typically covers multiple projects over an extended period, including provisions on exclusivity, compensation adjustments, and job security. 3. Non-Disclosure Agreement (NDA): While technically not a contract between the production company and crew member, an NDA is often used in conjunction with the main agreement. It ensures the protection of confidential information, trade secrets, or proprietary techniques shared during the course of the production project. In conclusion, the New Hampshire Contract Between Video Production Company and Production Crew Member serves as a crucial legal document that governs the working relationship between the two parties. By clearly outlining the expectations, rights, and obligations of both parties, this contract provides a solid framework for a successful and harmonious video production venture.
