Agreement/Contract for contract labor employees?

[Mindy H]

I have *finally* found someone to help me with proofing. This person is one of my customers, she's going away to college to pursue photography, and she is going to work for me remotely proofing my sessions. I'm pretty excited about it as she is one of my customers that I just love and she has a wondeful artistic eye for photography.

I have a non-compete agreement, but since she will be working remotely, I am also wanting a legal document that specifies that the files aren't to be used outside of our contract, and also that customer information should be kept confidential, etc. Since she is a young client, and many of the sessions that she edits will be of her friends from high school, I have some concern (not created by her actions, just my own concerns) about files getting released to those friends, or possibly a client talked about outside of my business.

Anyone have anything that might cover things like this or know where I can get one?? I've looked on the PPA site and I'm not finding anything but the non-compete.

[BWangPhoto]

Originally Posted by Mindy H

I have *finally* found someone to help me with proofing. This person is one of my customers, she's going away to college to pursue photography, and she is going to work for me remotely proofing my sessions. I'm pretty excited about it as she is one of my customers that I just love and she has a wondeful artistic eye for photography.

I have a non-compete agreement, but since she will be working remotely, I am also wanting a legal document that specifies that the files aren't to be used outside of our contract, and also that customer information should be kept confidential, etc. Since she is a young client, and many of the sessions that she edits will be of her friends from high school, I have some concern (not created by her actions, just my own concerns) about files getting released to those friends, or possibly a client talked about outside of my business.

Anyone have anything that might cover things like this or know where I can get one?? I've looked on the PPA site and I'm not finding anything but the non-compete.

You need to sit down and lay out all the do's and don'ts and then let a lawyer put it in to writing. You can leave out the Non-Compete. They are NOT enforceable in Texas. (Don't belive me, get a lawyer that has tried one in court to testify to that.) Is merely scary wording to discourage competition.

Bottom line, is if you think that she is likely to release the images (without your knowledge) then she probably isn't the right person for the job. I would just make a list, and then get a lawyer to put it all in the proper structure, gramatically and legally and have it for now and future use.

[Mindy H]

Thanks Billy...I appreciate the feedback!

I actually found a sample NDA online and I will just combine parts of that with the non-compete and add a few other things that I need. I don't have any reservations at all about this person in particular....this is just something that I feel I need to do to cover my bases and to make sure things are clear and in writing for reference.

[porschelvr]

As Billy said though, remember this agreement is for your piece of mind. If you ever try to take it to court, the non-compete will almost assurdly not hold up in court.

[Jeff Lane]

Billy writes:

You need to sit down and lay out all the do's and don'ts and then let a lawyer put it in to writing. You can leave out the Non-Compete. They are NOT enforceable in Texas. (Don't belive me, get a lawyer that has tried one in court to testify to that.) Is merely scary wording to discourage competition.

First, I'll disagree with you just a little about the enforceability of non-competes in Texas. It is true that they are greatly disfavored in Texas courts, so much so that most people believe they are completely worthless. That's not completely true, however: I've succeeded in enforcing them several times. BUT they have to be very carefully crafted, and you have to follow all kinds of rules and do all kinds of two-steps to make them enforceable.

But I will agree whole-heartedly with the advice to actually sit down with a lawyer. There are no fool-proof cut and paste options for a contract like what you're wanting. A good lawyer who works mostly with small businesses will be sensitive to your cost pressures, but will save you tons in the long run.

An ounce of prevent vs. pound of cure kind of thing.

[BWangPhoto]

Originally Posted by Jeff Lane

Billy writes:

First, I'll disagree with you just a little about the enforceability of non-competes in Texas. It is true that they are greatly disfavored in Texas courts, so much so that most people believe they are completely worthless. That's not completely true, however: I've succeeded in enforcing them several times. BUT they have to be very carefully crafted, and you have to follow all kinds of rules and do all kinds of two-steps to make them enforceable.

But I will agree whole-heartedly with the advice to actually sit down with a lawyer. There are no fool-proof cut and paste options for a contract like what you're wanting. A good lawyer who works mostly with small businesses will be sensitive to your cost pressures, but will save you tons in the long run.

An ounce of prevent vs. pound of cure kind of thing.

I am no lawyer and will take your word on that. However, the TWO times that we had a lawyer crafted Non-Compete clause in the contract, both times the judge threw them out, something along the lines of you cannot prevent someone from making a living in his chosen field...Photography.