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Rekhta   01 March 2021

Digital market

Influencers on social media platforms have increased in numbers. There are a lot of freelancing works too. Is there any legal regulation about the duration of the non-compete agreement between influencers or advertisers? If the freelancer/influencer works with two companies at a time, can this be legal?


Learning

 1 Replies

Ishaan   20 March 2021

A freelancer or influencer has the freedom to work on multiple projects at once provided that they complete their work within the given time frame with all the required conditions of the contract fulfilled. It is completely legal to work with two companies at once. 

It is suggested to make a contract while doing this work. 

 The several clauses that you must define and add in your agreement are as follows:

  • Basics: Names of parties (client and freelancer), names of the organizations and addresses are the basic information that goes into every contract.
  • The Work: Clauses related to work should include what kind of work will be done by you, how much of it and how it can be used by the client. Tasks expected out of the client and the freelancer should be mentioned.
  • Schedule of Payments: But of course, this is the most important clause and most part of the reason why we would ever enter into a contract with the client. Payments- how much and for what work, the method, and also whether the freelancer is to be paid on hour or work basis, and if any other variable is to be considered and how, should be clearly stated. How additional charges for additional work will be handled must also be mentioned to avoid disputes.
  • Deadlines: The duration and deadline by which the work will be completed by you should be given clearly.
  • Termination: Every contract must contain a clause stating how and when an agreement will be terminated. A cancellation clause should also be on it stating instances when the contract would stand cancelled.
  • Confidentiality: In the contract, a clause stating that the work and information that you provide to the client would not be disclosed to any 3rd party outside must also be mentioned.
  • Dispute Resolution: When a freelancer and a client have a dispute without any agreement stating what to do in such a situation, a freelancer often falls prey as the client is generally a much stronger party if it is a company. A clause to that effect hence should be a part of the agreement, stating what course of action to take when a dispute arises- whether arbitration, negotiation or a court case. If a dispute ever does arise, you should take the advice of a lawyer who will guide you best regarding the legal recourse.

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