Circore Creative is inviting you to act in the capacity of a subcontractor for certain projects with its existing clients. Specifically, it is expected that you will have the opportunity to complete creative writing, design, photography, programming or other tasks for use in print, video, multimedia, social media, ads and web development pieces.
Of course no continuing work is guaranteed by these clients, either to Circore Creative or to you on an ongoing basis. However, if such business does continue, it will unequivocally be as a result of goodwill belonging to Circore Creative.
Circore Creative has an obligation to protect this goodwill. In particular, if you a designer, photographer or subcontrator in any capacity, or any member of your organization were to contact Circore Creative’s existing clients directly in an effort to gain business from them on your own behalf, it would lessen the value of the goodwill Circore Creative and Denise Cawley has developed and therefore rightfully owns. Likewise, if you were to use projects you completed for Circore Creative and share those as though they were your own, that would be considered stealing.
Therefore, in exchange for consideration as a subcontractor to Circore Creative, you agree not to have any direct contact with Circore Creative clients that you become aware of during the course of your activities as a subcontractor to the Circore Creative nor for three years after the last date you work for Circore Creative and any client of Circore’s.
You also agree that the work you produce will never appear in your portfolio – not online, on your website nor in ads representing your own business without express written permission of Circore Creative and our clients. You release all rights to your photography and cannot use it in any context for your own benefit. This work is work you are paid for and release your right to use it for other purposes.
Clients of Circore Creative have no relationship with you as our subcontractor, hence you cannot represent work you did as Circore Creative at your own.
This agreement begins on the date indicated below, and remains in effect and you cannot contact any clients I have worked with through my relationship with my company Circore Creative.
If either party to this agreement decides that they wish for any reason to terminate the agreement, they may do so by notifying the other party in writing, but the non-compete agreement will stay in force per this agreement. All files will need to be given to Circore Creative prior to terminating your work with us. Any disagreements will be handled by mediation prior to any litigation arrangements.
In addition, you agree:
- Not to contact any of Circore Creative’s clients for any business purposes for two years after the termination of this agreement.
- Not to show any work completed for Circore Creative to any other person, employer or organization. This includes not placing this work in any portfolios, ads, business cards, or promotions of your business or another – online or otherwise.
- You may not reuse, resell, or profit from work you created for Circore Creative or our clients beyond what you are paid.
- You do not retain rights to images, artwork, graphics or photography as that becomes the property of our clients in exchange for the payment you receive for the work.
- Not to discuss any of Circore Creative’s client relationships with any other person, employer or organization.
- To return all original artwork and source files to Circore Creative in a timely and completely usable form, and to remove any copies from your own computer(s). You further agree not to keep any other copies, on tape, CD or other form whatsoever.
- You will share all passwords, login information and other identity information pertinent to completing your work with Circore Creative at all times. Any passwords and login information you receive will be strictly confidential.
Denise M. Cawley