Legal Question

[redtippmann]

Well a few weeks ago I quit my job at a photography company. I was a "camera room assistant" but was really a secretary. It was not worth getting paid less than minimum (b/c I had to pay twice the taxes), driving 30miles to work, and if some one wanted me to shoot their son or daughter I would have to refer them to the company. So I got a copy of my contract and just wanted to see if I am within my rights to start my own little photography company.

Now here is the scanned document (large .pdf files(sorry)) with the companies name and my signature and the witness signature blacked out.

http://jamesconkle.files.wordpress.com/2010/09/scn_0002.pdf
http://jamesconkle.files.wordpress.com/2010/09/scn_0003.pdf
BTW I am under 18 and was the only one who singed it. So, possibly, none of it could be valid?

 

[table1349]

This is your best bet:

Lawyers in NE Ohio - Google Maps

 

[rpm]

you were under 18 and you signed a contract? without a legal guardian or witness?...

that shouldn't even be applicable for taxes lol

 

[tirediron]

First of all, when you want to black out a document, you have to black out the paper and scan that. DON'T try and do it digitally. As far as your question goes, the contract states that you cannot offer services similar to those of Woo------ . "Similar" is, I assume, an intentionally vague term. So it could be argued that anything involving photography is "similar", however it also specifies in 3 (iii) that is "during the term of this agreement". If you are no longer in their employ, than that portion would, IMO, be null and void. I think there are several items there which are unenforable, but as has been pointed out already, discuss this with a lawyer to be sure.

 

[Christie Photo]

I wouldn't worry about this at all. That doesn't mean you're in the clear. But if it were me, I wouldn't worry about.

First, someone working there would have to discover, decide to take issue with, and prove what you do is in violation. Then, the company would agree to pursue the matter hoping they could find a judge that is willing to prevent you from trying to earn a living. And if it ever did get that far, the likely result would be nothing more than an order to cease and desist, putting you right back to where you are now.

So... I'm not telling you to go do whatever you want. I just saying that, if it were me, I would.

-Pete

 

[astrostu]

If I have learned much of ANYTHING from watching Judge Judy, it's that any contract signed by an unemancipated minor is not legally binding if someone tries to enforce it.

 

[prodigy2k7]

If I have learned much of ANYTHING from watching Judge Judy, it's that any contract signed by an unemancipated minor is not legally binding if someone tries to enforce it.

This. Although I am no lawyer either.

 

[table1349]

If I have learned much of ANYTHING from watching Judge Judy, it's that any contract signed by an unemancipated minor is not legally binding if someone tries to enforce it.

Well let's look at this for a minute. There is no constitutional right to drive a vehicle. When you sign your drivers license you are are entering into an agreement with the state that issues that license to obey the laws and submit to what ever tests they employ when asked by a LEO. If you refuse to take one of these tests such as an breathalizer for alcohol that can be used as evidence against you in a court of law.

People under the age of 18 receive drivers licenses and sign the same agreement and it does get upheld in court.

As a general rule persons under the age of 18 can not enter into an agreement by which they are a debtor. The OP's agreement is not such an agreement. That is why I suggested that the OP needs to consult an attorney in their area. That is the ONLY place they can get credible legal advise on this matter.

 

[Overread]

First of all, when you want to black out a document, you have to black out the paper and scan that. DON'T try and do it digitally. As far as your question goes, the contract states that you cannot offer services similar to those of Woo------ . "Similar" is, I assume, an intentionally vague term. So it could be argued that anything involving photography is "similar", however it also specifies in 3 (iii) that is "during the term of this agreement". If you are no longer in their employ, than that portion would, IMO, be null and void. I think there are several items there which are unenforable, but as has been pointed out already, discuss this with a lawyer to be sure.

Ahh but then clause iv also adds that he can't go into any company position (existing or new) that competes with his former employers within a 100mile radius for a period of 2 years after termination of his employment. It also states that he won't directly or indirectly offer services to former clients of his former company during that time period.

In essence its saying that if he wants to start out his own company along similar lines to theirs he has to be based outside of the 100mile radius otherwise he has to wait 2 years. I can understand the rational behind this clause from the companies perspective (it prevents people working and copying their game plan and then setting up in direct competition to them) though I've no idea how legaly binding it is.

I think the safest bet is to consult a lawyer about how binding and under what specific terms this contract holds you to.

 

[pjune082]

Typically speaking, non-competition clauses are very hard to enforce.

I echo what many people above have said, consult a lawyer in your area as the law changes between jurisdictions.

 

[slowhand]

If I have learned much of ANYTHING from watching Judge Judy, it's that any contract signed by an unemancipated minor is not legally binding if someone tries to enforce it.

Well let's look at this for a minute. There is no constitutional right to drive a vehicle. When you sign your drivers license you are are entering into an agreement with the state that issues that license to obey the laws and submit to what ever tests they employ when asked by a LEO. If you refuse to take one of these tests such as an breathalizer for alcohol that can be used as evidence against you in a court of law.

People under the age of 18 receive drivers licenses and sign the same agreement and it does get upheld in court.

As a general rule persons under the age of 18 can not enter into an agreement by which they are a debtor. The OP's agreement is not such an agreement. That is why I suggested that the OP needs to consult an attorney in their area. That is the ONLY place they can get credible legal advise on this matter.

WRONG! You require your parents permission and signature to receive a driver's license when you are under the age of 18.

 

[rpm]

and if im not mistaken they are responsible for any damages associated with your potential reckless driving (financially etc)...

 

[table1349]

If I have learned much of ANYTHING from watching Judge Judy, it's that any contract signed by an unemancipated minor is not legally binding if someone tries to enforce it.

Well let's look at this for a minute. There is no constitutional right to drive a vehicle. When you sign your drivers license you are are entering into an agreement with the state that issues that license to obey the laws and submit to what ever tests they employ when asked by a LEO. If you refuse to take one of these tests such as an breathalizer for alcohol that can be used as evidence against you in a court of law.

People under the age of 18 receive drivers licenses and sign the same agreement and it does get upheld in court.

As a general rule persons under the age of 18 can not enter into an agreement by which they are a debtor. The OP's agreement is not such an agreement. That is why I suggested that the OP needs to consult an attorney in their area. That is the ONLY place they can get credible legal advise on this matter.

WRONG! You require your parents permission and signature to receive a driver's license when you are under the age of 18.

Not here you are not, you are required to have you parents permission to get a learners permit under the age of 16. Which is again the reason I now suggest to the OP to consult an attorney in their area to get credible legal counsel on the matter.