Videomaker – Learn video production and editing, camera reviews › Forums › General › Video and Film Discussion › What do you think about this Contract?
- This topic has 2 replies, 1 voice, and was last updated 11 years, 1 month ago by Anonymous.
January 26, 2010 at 11:20 PM #40584AnonymousInactive
What do you think about this General Contract for Shooters and Editors who are Contracted to shoot and edit or do anything for your company or a company?
For one year following termination, the former independent contractors or trainees of the company will not call upon, divert, influence or solicit or attempt to call, divert, influence or solicit any customer or customers of the company
Former and current contractors and trainees of The Company agree not to disclose any Confidential Information of The Company.
1. The ideas, methods, techniques, formats, specifications, procedures, designs, systems, processes, data and software products which are unique to The Company;
2. All marketing, pricing and financial information pertaining to the business of The Company;
3. All operations, sales and training manuals of The Company;
4. All other information now in existence or later developed which is similar to the foregoing;
5. All information which is marked as confidential or explained to be confidential or which, by its nature is confidential.
6. All lists of:
a.Customers and potential customers,
b.Customers’ habits, preferences, special needs, and requirements,
c.Recruiting and training methods, site selection and compensation models;
d.Dispatch office layouts, pricing data, computer software and hardware, personnel andmarketing strategies.
If part of this agreement is found by a court to be unenforceable, the parties hereby agree that theremaining portions will survive.
Rights in Work. Contractors or trainees agree that any and all Content will be prepared as “WORK FOR HIRE” for The Company and that The Company shall be considered the author of the Content for purposes of copyright and shall own all the rights in and to the Content, including all copyrights or proprietary rights. Contractor or Trainee will not take any action that jeopardizes the Company’s proprietary rights, or acquire any right in the Content.
MODIFICATION OF COVENANTS
If any of these covenants are found to be unenforceable, the Court is hereby authorized to modify
any or all of these covenants to the extent necessary to make them enforceable.
January 26, 2010 at 11:59 PM #174107Grinner HesterParticipant
Any piece of paper that limits business and/or relationships is a bad idea, imo.
healthy working relationships revolve around freedom to do the right thing. I can tell you I’d not sign that contract to work for you. You’ll ru off a lot of good talent by trying to push it on folks. Should a company throw this in front of you upon hiring you as a freelancer, be leary.
January 27, 2010 at 12:24 AM #174108EarlCMember
I’m with Grinner, to an extent, on this one. I wouldn’t be signing that to do work for you or anyone who threw that one down on the desk for me to sign. Nope! No way! Uh uh!
I sign agreements and contracts to/from me/client/company all the time, but tend to avoid those with a BUNCH of whereas and wherefore lines on page after page. Even though your sample is short, it still offers me NO relief, resolution or resolve, or protection – way too one-sided.
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