Two Photographers In Disagreement Over ‘No Compete’ Contract

PetaPixel has a thought-provoking post written by Michael Zhang about two photographers who are having a heated dispute about a signed noncompete contract for teaching photography classes.

A photographer, LH (her name has been withheld for privacy purposes), has accused another photographer, Kyiera Jones, of violating a noncompete agreement that she signed in July 2014 when she bought four of LH’s photography instructional videos. Every one of LH’s customers is required to sign her strict noncompete agreement.

The agreement states that her videos are not for sale to anyone who does any photography mentoring of any sort, or even anyone who lives within a 75-mile radius of LH. The agreement also states that any customer who buys LH’s videos may not teach photography or post-processing for 2 years after the purchase. LH claims that Jones has violated the agreement by doing her own editing webinars. Jones says she doesn’t look forward to the coming legal battle.

You may not produce any videos in the form of a photography and/or post-processing workshop/tutorial either for sale and/or free for two(2) years from the time that you signed up for a workshop. Even if you cancel your workshop you are still held to this two year condition.

You may not produce any Photoshop actions or Lightroom presets either for sale or free away for two(2) years from the time that you download your first one.

On LH’s record, Jones bought 4 of her instructional videos:

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She says:

“She has now breached contract by opening up her own editing webinars a mere few months after purchasing my tutorials.”

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LH has posted her side of the story on Facebook, which gained several likes and comments from supporters. However since then, she also received hate messages:

“Unfortunately, in this industry, you are a hater and a bully if you dare enforce your terms (that no one forced anyone to agree to – they are all free to NOT purchase and teach to their heart’s content).”

“I’ve gotten some horrible hate mail since this all came out from people completely uninvolved in the situation who just couldn’t resist putting in their 2 cents.”

“Everyone wants to be a victim, no one wants to do what is right or admit when they are doing wrong.”

Jones responded by commenting on the photo:

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Jones refused to comment on the story:

“[I am] not looking to get involved with it.”

“My attorney is on this case and LH can expect a cease and desist letter coming her way.”

Source: PetaPixel