My son signed a "Freelance Contractor Agreement" that his friend drew up. My question is, is this contract
My first concern is that the contract states, "For valuable consideration, the Contractor, Ken Wilcox, agrees to the following:" There was no "valuable consideration" given for signing or agreeing to anything.
Basically it is a non-competition contract. It states that "The Contractor [my son] agrees not to compete, by either direct or indirect means, with the business of Tyjens Media [his friend's company] for a period of 15 years from the date of this Agreement. This Agreement will extend across the world in any possible location. The Contractor agrees that the phrase 'not to compete' means that he will not engage in any activity or business which is in any way similar to that of Ty Jensen's." The business produced lyric videos, music videos with hopes of producing movies, commercials and anything else a motion picture production company can produce.
My son was not considered an employee
, but as an independent contractor. The contract states that Ken would only get paid for his services if and when they got paid for a production and after all business expenses were paid. Ken worked for TyJens for over a year 100% of his time trying to help his friend build a business. It was not productive. Ken was paid less than $2,000 for the entire year. The work he did produced in excess of $10,000 but it all went to TyJen's expenses.
They have parted ways. Is this contract voidable? If not, based on the above clauses, is Ken restricted from working for any other company which may be in competition? If a contact Ken made while he was working with TyJen's approaches Ken about making a video, is Ken restricted from working with him?