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[Cinesis1]

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Sincerely,

The Cinesis Media Team

[maggie]

Do not take this as a flame, I am just curious about some of your release forms. It says that all images of the performer is yours for advertising in print as well as the internet, and that we waive all rights to the images.

What happens if we no longer would be working for you? What happens to them then?

And will the performer be notified if her photo is going to be used in a print/internet ad? It was very vague......

and also:

G. Non-Competition

The CONTRACTOR shall not engage in any activity that competes with CINESIS MEDIA, including, but not limited to, providing through another entity the same or substantially similar Internet services that you provide through CINESIS MEDIA. While you are an CONTRACTOR AND for 90 days thereafter, you shall not solicit other CONTRACTOR’S to work for competitors to CINESIS MEDIA. Also, while you are an CONTRACTOR AND for 90 days thereafter, you shall not solicit business from or otherwise encourage visits by CUSTOMERS with whom you made contact while you were still an CONTRACTOR of ANY competitor of CINESIS MEDIA.

As an independent contractor, the performer has a right to perform wherever she would like.

And maybe I am reading this wrong...but the preformer can't work anywhere else for 90 days after leaving the site?

Performers, please read all of these contracts before you submit them.

[Cinesis1]

You bring up some valid questions with regard to our Model Release and Contract. I will respond to them point by point as part of my reply to you.

It says that all images of the performer is yours for advertising in print as well as the internet, and that we waive all rights to the images.

This applies strictly to images provided by a contractor specifically for this purpose as outlined on our Employment Information page. The reason for this is that IF we were in the middle of an advertising campaign and a contractor quit or was terminated, we would not have to go to the trouble and expense of stopping this campaign or re-designing the ad.

What happens if we no longer would be working for you? What happens to them then?

Your image is of course part of your "Intellectual Property" and is yours to use however you CHOOSE to represent yourself. If a contractor quit or was terminated then we no longer use any images of that performer unless they were integral to a part of our site design or current advertising. However, we would more than likely re-design any portions of our website that incorporated a contractor's image(s), or alternatively pay the performer for the use of said image(s).

Will the performer be notified if her photo is going to be used in a print/internet ad?

Yes, absolutely. The contractor would be advised of this PRIOR to the start of any ad campaigns that incorporate their image.

Additionally, I would like to say that we would NOT use the images of ANY contractor who was either opposed to the use of their images, or was NOT in a position of good standing with our company.



G. Non-Competition

The CONTRACTOR shall not engage in any activity that competes with CINESIS MEDIA, including, but not limited to, providing through another entity the same or substantially similar Internet services that you provide through CINESIS MEDIA. While you are an CONTRACTOR AND for 90 days thereafter, you shall not solicit other CONTRACTOR’S to work for competitors to CINESIS MEDIA. Also, while you are an CONTRACTOR AND for 90 days thereafter, you shall not solicit business from or otherwise encourage visits by CUSTOMERS with whom you made contact while you were still an CONTRACTOR of ANY competitor of CINESIS MEDIA.

As an independent contractor, the performer has a right to perform wherever she would like.

And maybe I am reading this wrong...but the preformer can't work anywhere else for 90 days after leaving the site?

First, no offense intended, but you have read it incorrectly and have taken a portion of our contract out of context with regard to the agreement as a whole.

For the purposes of this Contract the term CONTRACTOR refers to a person who is currently providing services to OUR company, as well as OTHER persons providing the same or similar service to OUR company.

So basically what this says is that if we were to accept the services of an independent contractor, that contractor would be agreeing to work exclusively for us until such time as they quit or are terminated. No double duty on "iFriends" or anyplace else, unless otherwise agreed to in ADVANCE of their start date with our company.

The portion about not soliciting OTHER CONTRACTORS refers to the following scenario (which, by the way, has happened to us in the past):

If I hired you and six months down the road you got upset, quit, and went to work for another company that would be fine with us...no problems. However, if you decided that you wanted to "hurt our business" by contacting our current contractors and talking them into leaving us just for the sake of trying to damage our business, then that would be a violation of this agreement. This provision is legal as part of a non-compete clause, and is in complaince with both Federal and State laws governing employment.

The portion about soliciting customers after leaving our company is a typo and will be corrected immediately. It should read as follows:

"Also, while you are an CONTRACTOR AND for 90 days thereafter, you shall not solicit business from or otherwise encourage visits by CUSTOMERS with whom you made contact while you were still a CONTRACTOR of CINESIS MEDIA."

Thank you for bringing this error to my attention, as I stated above, I will have it corrected immediately. Just for the record though, this provision is legal, and is governed by the portion of Federal and State law regarding "customer confidentiality". If a customer finds you on their own after you leave our company that is fine, but this provision is intended to protect the privacy of our customers AND to further protect them from any unwanted solicitations without their express consent.

The confidentiality of our customer is JUST as important to us as is the confidentiality of our contractors.

I hope this answers your questions, and I also encourage anyone who is interested in working with our company to read all agreements in their entirety and to ask questions about any portion(s) that they do not understand. In fact, I welcome those questions because that to me shows a high dgree of interest in our company.

These agreements, while not always well liked, are designed to protect the business interests or our company, as well as the interests of both contractors and customers. We have had some problems in the past (as I'm sure others on here have) with individuals who have questionable ethics and morals, and have found out the hard way that we have to protect ourselves thouroughly from fraud or misrepresentation of any kind.