swoop
Well-known
So I interviewed with a company to give photo tours. It's basically like a regular sightseeing guide and also giving basic photography instruction.
It's pretty much a freelance gig. Maybe 2 days a week or weekends only kinda thing. The thing is they want me to sign a non-compete contract saying I can't give tours on my own or for other companies for 3 YEARS AFTER I stop working for them.
Now, 3 years seems like a very long time to give up a potential source of income especially in this economy. So I'm hesitant to sign it on the fear that what if it doesn't work out after 2-3 months working for them, then I basically can't do that sort of job ever again.
My girlfriend says I'd probably make more money just offering tours/mini workshops on my own and shouldn't sign on that basis. But getting started it always the biggest hump. I'd rather just work for a company and enjoy the extra income then try to get started doing a whole new venture.
So would you sign the contract? Or just go it on your own?
It's pretty much a freelance gig. Maybe 2 days a week or weekends only kinda thing. The thing is they want me to sign a non-compete contract saying I can't give tours on my own or for other companies for 3 YEARS AFTER I stop working for them.
Now, 3 years seems like a very long time to give up a potential source of income especially in this economy. So I'm hesitant to sign it on the fear that what if it doesn't work out after 2-3 months working for them, then I basically can't do that sort of job ever again.
My girlfriend says I'd probably make more money just offering tours/mini workshops on my own and shouldn't sign on that basis. But getting started it always the biggest hump. I'd rather just work for a company and enjoy the extra income then try to get started doing a whole new venture.
So would you sign the contract? Or just go it on your own?
Roger Hicks
Veteran
I'm reminded of the old message for the inhabitants of Gomorrah: Sod 'em.
(I hope this works in American as well as in English.)
Cheers,
R.
(I hope this works in American as well as in English.)
Cheers,
R.
Gabriel M.A.
My Red Dot Glows For You
Wow. Three years??? In the IT world, where all my contracts have been, I have had non-compete agreements, including one where it stipulated the same but it was only for one year, not three. To balance it out, there was a clause where they'd pay 20% of the salary (the one agreed to in the contract) during that non-compete period. Added clause where both parties could agree to make the contract nonbinding during that period (leaving them free of paying the 20%, and me of working elsewhere).
If there's no such clause, Roger is correct: Sod'em (American translation: F'em)
Araakii
Well-known
Are you planning to live in the same city forever? If not, you could move somewhere else after your job terminates.
Red Rock Bill
Well-known
Seems like there are tons of Photo Tours in NYC...you might do better with a different co. or offer something different and go out on your own...you live there you must have some good ideas where to go....regards,Bill
PMCC
Late adopter.
There are places where non-compete clauses may be unenforceable as against public policy. Maybe more so for contractors as opposed to employees. It depends on local law.
Damaso
Photojournalist
Don't sign...
swoop
Well-known
That's what I was thinking. Even studying for the NYC sightseeing guide license, which I had to pay for and studied for on my own because it was required before even applying for the job, gave me ideas on giving my own tours. And not even giving tours but putting together a sort of guidebook of "Best spots for the best photos" I could sell on Amazon for like $3. I remember reading an article about how people were self publishing books on the kindle and making thousands off of volume. I think an NYC self guided photo tour you can have on your phone/kindle/ipad would sell well at a cheap price.
Jamie123
Veteran
A non-compete clause for a photo tours job is pretty silly as it is but three years is just ridiculous. Non-compete clauses are there to prevent an employee carrying confidential insider information to the competition. What kind of confidential information do you have as a photo tour guide? Are you afraid you're gonna tell the competition how to read a map? Or do they think you're gonna steal their route? That information is easily obtainable by booking a tour.
It seems like they just want to stifle competition by reducing the number of potetial employees for competitors. That's definitely not what non-compete clauses should be about.
Bottom line, don't sign with them. If they pull this kind of sh** chances are high they're a**holes and you'll want to quit after a few months.
It seems like they just want to stifle competition by reducing the number of potetial employees for competitors. That's definitely not what non-compete clauses should be about.
Bottom line, don't sign with them. If they pull this kind of sh** chances are high they're a**holes and you'll want to quit after a few months.
shadowfox
Darkroom printing lives
Sign it if you can get them add to the contract to *pay* for your living cost during those three years.
Ridiculous.
Ridiculous.
For a part time, a couple days a week gig.... no chance. And you paid for your own license on your own time. No.... take care of any business/insurance/tax concerns regarding doing it on your own and go have fun being your own boss a few days a week.
If this was a full time gig, where in exchange for any non-compete they guarantee a number of tours/income per week, in other words if you get something in exchange for this non-compete agreement, then maybe, but 3 years is way tooo long without some serious commitment from the other party.
If this was a full time gig, where in exchange for any non-compete they guarantee a number of tours/income per week, in other words if you get something in exchange for this non-compete agreement, then maybe, but 3 years is way tooo long without some serious commitment from the other party.