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.
West Virginia Contract Between Video Production Company and Production Crew Member A West Virginia contract between a video production company and a production crew member is a legally binding agreement designed to clearly outline the terms and conditions of the working relationship between the two parties. This contract ensures that both the production company and the crew member are protected and that all expectations, rights, and responsibilities are clearly defined. Key Elements Included in a West Virginia Contract: 1. Parties Involved: The contract identifies the production company, usually referred to as the "Employer," and the production crew member, referred to as the "Employee" or the "Crew Member." 2. Project Description: The contract provides a detailed description of the video production project, including its title, storyline, shooting locations, and estimated duration. 3. Services and Responsibilities: The contract clearly defines the specific services that the production crew member will be responsible for, such as camera operation, sound recording, lighting setup, or other specialized roles. It outlines the employee's commitment to providing these services diligently and professionally. 4. Payment and Compensation: The contract details the payment terms, including the crew member's rate of pay, the method of payment (e.g., hourly, daily, or project-based), and any additional reimbursements or expenses covered by the production company. 5. Working Hours and Schedule: The contract specifies the working hours, overtime policies, and any additional terms related to the crew member's availability and flexibility during the production period. 6. Intellectual Property: The contract includes provisions that clearly state who owns the intellectual property rights of the produced content, such as the video footage, audio recordings, or edited materials. 7. Confidentiality and Non-Disclosure: The contract obligates the crew member to maintain strict confidentiality regarding any sensitive information or trade secrets shared during the production process. 8. Termination Clause: The contract outlines the circumstances under which either party can terminate the agreement, including breach of contract, non-performance, or any other valid reason. Types of West Virginia Contracts Between Video Production Company and Production Crew Member: 1. Standard Employment Contract: This type of contract is used when the crew member is considered an employee of the production company. It typically includes provisions related to employment benefits, taxes, and worker's compensation. 2. Independent Contractor Agreement: This contract is used when the crew member is hired as an independent contractor, rather than an employee. It clarifies that the crew member is responsible for their own taxes and insurance and establishes their status as a separate entity from the production company. 3. Fixed-Term Contract: This type of contract specifies a specific duration of employment for the crew member, typically for a defined video production project or a predetermined time frame. It is essential for both production companies and crew members to consult legal professionals to draft and review the contracts to ensure compliance with West Virginia labor laws and protect their respective rights and interests.
