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Re: Freelance Editing + non competition agreement

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Cory PetkovsekRe: Freelance Editing + non competition agreement
by on Feb 15, 2011 at 4:45:20 am

1) This is always a challenge when working with friends.

2) In some states, like california, non-compete agreements are unenforcable. http://en.wikipedia.org/wiki/Non-compete_clause

3) You have no business nor personal agreement with your producer/friend now. So she has no say over whether you work for PBS or not. However she does have a say over whether she continues to provide you work. So from a business perspective, it's pretty clear that if two clients are conflicting, you work with the one that provides the greatest benefit.

4) I expect my subcontractors to not steal my clients, so I understand. When I start working with them, I make where I stand clear. I would stop working with a sub who stole my client.

If I were you, given that the workload from her is low pay and minimal, I would continue working with PBS and tell her:
- you are happy to continue working with her
- will not actively seek to steal her clients
- will not turn down work if a client actively decides to stop working with her and seeks you out
- will not sign a non-compete agreement (or if illegal or unenforcable in your state blame it on the law: "non-competes are unenforcable here")

If she decides to not work with you, then you got an upgraded client. If she does, then you have a clear working relationship, and you have two clients.

As for doing business with your friend, that is always laden with the possibility of destroying your friendship.

Cory

--
Cory Petkovsek
Corporate Video


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