Photographer Job.. what would you do?

I'm a consultant (computer programming) so noncompetes are typical for what I do. However, 3 years is ridiculous. I would never sign a noncompete for more than a year. And make sure that the terms of the noncompete aren't too broad. Sometimes they are so overreaching as to prevent you from working in the industry at all. Why does he have the need for such a long noncompete? If he's such a great person to work for, he certainly should be willing to negotiate. I don't know MN labor law and to what extent, if any, a noncompete can be enforced. Regardless, there is no reason to sign any agreement with unreasonable terms in the first place.

Again bear in mind that if you are going to burden yourself with a non compete agreement in an industry were this is not done that often then the person better be one of the best in the industry.


Ask yourself if you feel this person is someone who is one of the best and if you feel that you get something in return for the non-compete agreement.

I would also go around to similar 1 hour places in the area and see how many have a non compete agreement. Chances are not many if any.

The reason why non-compete is not popular in the photo business is because there is a huge amount of pro photogs work as freelancers.

I wonder if Nike hired photographer X to shoot some shoes but had them sign a 10 year contract saying that they would not shoot any other pictures for other companies.
That approach would go nowhere fast.

Rule #1 "You can only get smarter by playing a smarter opponent" - Jake Green

Is this guy smart enough for you to pay the price to "play" him?

Unless you're really good, have the necessary experience, and an excellent portfolio to back up your experience, I'd say keep a regular 9-5 job and do freelance stuff when the opportunity presents itself. You'll know when it''s time to go full-time: you'll be losing money because your job is interfering with your career.

SnapLocally.com wrote in post #5612138
Unless you're really good, have the necessary experience, and an excellent portfolio to back up your experience, I'd say keep a regular 9-5 job and do freelance stuff when the opportunity presents itself. You'll know when it''s time to go full-time: you'll be losing money because your job is interfering with your career.

Great advice! +1!

mattograph wrote in post #5612208
Great advice! +1!

I walk the fence on this one because life is too short to continue doing something you hate. The OP did state she hated her current job.

On the other hand, food on the table is important as being happy with your job, and millions go to jobs each day for this sole purpose regardless of hating what they do.

My opinion is that if you can afford it, take the pay cut and be happy. Sometimes planning to get out and start a business is a gamble and in the long run it could pay off or fail. Be ready to accept the risks.

Then again, I would never be happy in a portrait studio so to me photography as a hobby is the best way to keep it fun. Most people like to specialize in one area, I get bored with repetition and try a little of everything while holding on to my day job to pay the bills.

Anyone know non competes in minnesota specifically?

i wonder how much it costs to have a lawyer look over this non compete? he said a lawyer wrote it. it is pretty broad though... says that i can't work in any business that relates to theirs down to film processing.. which pretty much says i'd have to change careers if i ended there, which would not hold up in court

one more.. environmental portraiture? really? i don't really think i'd be doing that there, they do do sports pics and stuff..

heathermarie wrote in post #5612466
one more.. environmental portraiture? really?

Sorry, I misread. Mentally, I translated on location to environmental.

it probably would hold up in court and if not it would still cost you a lot of money to fight the lawsuit. I agree three years probably wouldn't hold up but a one year would have a good chance of holding up. I would look for an attorney that specialized in contract law, it would be money well spent if you are serious about the job. I have seen them enforced first hand and they are a pain to deal with. Even one year is too long for me unless you plan on moving. I have always had them rewritten to fit my needs before i have taken a job

Here's a good reference point:

http://labor-employment-law.lawyers.com …on-Compete-Contracts.html

"In order to be valid, a non-compete agreement must be reasonable."

^^and it was written by a guy from Minneapolis, though his practice provides service nation wide

Well by that article, this non compete is far too broad and would not hold up in court , but yes I did take the job, still nervous about the non compete, haven't signed it yet, but I did get them to agree to a higher pay, so that's cool

Heather congrats on the new job, I would still urge you to talk to your employer and an attorney because even though it might be broad it will ultimately be up to a judge to enforce it and he/she will determine what is fair, just because one part of it is out of the norm doesn't mean it won't hold up in court. Do yourself a favor and talk to an attorney and get their opinion before signing it. Again congratulations

heathermarie wrote in post #5612460
i wonder how much it costs to have a lawyer look over this non compete? he said a lawyer wrote it. it is pretty broad though... says that i can't work in any business that relates to theirs down to film processing.. which pretty much says i'd have to change careers if i ended there, which would not hold up in court

You can't work in any photography-related business for 3 years? That's outrageous! If I were you, I'd seriously question why this guy is trying to impose such onerous terms in the first place. To me, that would be a sign of either incompetence on his part, or just a bad employer. If he's running a decent professional business, no need for something so over the top. I think the only reasonable type of noncompete terms that would make sense would be something like for a year after you leave employment, you can't solicit or work as a photographer on your own for clients of the company (basically you can't leave and then steal his clients.) Anything else is unacceptable, and this 3 year thing restricting where you can't work in a 50 mile radius is just plain crazy. If anyone put something like that in front of me to sign, I'd laugh in their face. While I do think it's reasonable for a company to protect its client list, I wouldn't ever sign a noncompete that completely prevents me from working, no matter what the length.