# Employment Contract and Agreement Forms - have everything I need?



## BSApparel (Nov 6, 2007)

I have three designers that will be working as independent contractors. I just want to make sure I have all of the legal stuff out of the way regarding what they need to sign. Here is what I have so far:

Designer's Contract that goes over payment details, copyright privileges, reproduction rights for the designs, etc.

Nondisclosure Contract which basically just says that they won't discuss business matters or unreleased designs outside of the company.

I can post the actual documents if need be, but that's the basic jist of it anyway. Are there any other documents/agreements that need to be written up to protect me, and them?

Thanks!
Aaron


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## jennmiesz (Oct 1, 2007)

Hi Aaron,

I am in the process of putting together these same documents. Would you mind posting or emailing me what you have already put together so I can see if I am on the right track?

Thanks!
Jen


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## BSApparel (Nov 6, 2007)

Sure, I'll post it here, let me get them together.


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## peteVA (Nov 11, 2007)

You will need an IRS Form W-9 Request for Taxpayer Indentification Number and Certification on file and will also need to annually issue Form 1099-Misc showing the yearly total you have paid each.

You might also want to download a From 1779 Independent Contractor or Employee and a Form SS-8. a Checklist for IC's with a long title.
.


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## BSApparel (Nov 6, 2007)

Some of it I wrote myself, some came from other documents I found on the forum. Hope they help! Also if anyone has suggestions or comments, feel free.

Designer Contract:



> [Company Name]
> Designer/Art Creator's Contract
> DATE: __________
> 
> ...


Nondisclosure agreement:


> [company name]
> Confidentiality and Nondisclosure Agreement.
> 
> DATE: __________
> ...


I'm not sure the second one is completely necessary - at least not in such strict terms - because the only "confidential" information are the designs that have not yet been released, and any other company info I share with them (advertising plans, business development, etc. - these are my friends so we do discuss these things openly).


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## BSApparel (Nov 6, 2007)

peteVA said:


> You will need an IRS Form W-9 Request for Taxpayer Indentification Number and Certification on file and will also need to annually issue Form 1099-Misc showing the yearly total you have paid each.
> 
> You might also want to download a From 1779 Independent Contractor or Employee and a Form SS-8. a Checklist for IC's with a long title.
> .



Cool, thanks for the info.


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## BSApparel (Nov 6, 2007)

Bump, any other contracts or anything that need to be written up?


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## jennmiesz (Oct 1, 2007)

Hey Aaron,

Thanks for posting that info! I really appreciate it.

Jen


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## BSApparel (Nov 6, 2007)

Anytime


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## TripleT (Apr 29, 2007)

Maybe a non-compete agreement (?)


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## BSApparel (Nov 6, 2007)

TripleT said:


> Maybe a non-compete agreement (?)


I might include that in the employment contract. Right now it states that they cannot sell their designs to other companies, but I didn't say anything about making new designs for competing businesses.


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## peteVA (Nov 11, 2007)

If they are not employees you will probably not be able to keep them working just for you. 

The purpose of a non-compete is to keep them from opening a competitive business, not to limit their income. You can get them to agree not to go into a tee shirt business, or something along those lines.

If they are contract designers, they can design for anyone. See you today, the guy around the corner tomorrow. You can refuse to buy, as can the guy around the corner, but if they are not on your payroll you cannot dictate that all work goes to you.
.


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## TripleT (Apr 29, 2007)

peteVA said:


> If they are not employees you will probably not be able to keep them working just for you.
> 
> The purpose of a non-compete is to keep them from opening a competitive business, not to limit their income. You can get them to agree not to go into a tee shirt business, or something along those lines.
> 
> If they are contract designers, they can design for anyone. See you today, the guy around the corner tomorrow. You can refuse to buy, as can the guy around the corner, but if they are not on your payroll you cannot dictate that all work goes to you.


 
True. I was thinking more along the lines that if (when) they leave your employment - they don't take any of your customers with them.


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## peteVA (Nov 11, 2007)

Right, that's how it should be. Best to keep them away from customers, in a cage maybe. 

Actually many non-competes are nothing more than scare tactics. Few hold up if they are ever brought before a judge. You've got to have a powerful argument to get a judge tell someone they can't make a living. 

And they have to be within a well defined area, can't be a state or region. Maybe 25 miles of a city and that's it.
.


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## BSApparel (Nov 6, 2007)

Awesome, thanks for the posts guys.


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## TripleT (Apr 29, 2007)

> Right, that's how it should be. Best to keep them away from customers, in a cage maybe.


 
 lol


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