VIDEOGRAPHY SERVICES AGREEMENT

THIS AGREEMENT ("Agreement") made and entered into this _______day of ______, 2023, by and between MOONJAI LLC, a company organized under the laws of the State of Washington, United States, with its principal place of business at Seattle, United States ("Moonjai") and __________, an individual residing at  _____________, [country] ("Videographer").

1. SERVICES: Videographer agrees to create and deliver the following:

a. A documentary interview of a extremely low-income subject, with a length of at least 10 minutes. The video will have sound mixed to broadcast standards, and lighting set to ensure clear visibility of all main subjects and activities, in 4K quality. The video will be conducted entirely in the local language and will have accurate English language subtitles as an SRT file generated from captions on the Premiere Pro (pproj) or DaVinci Resolve (drp) file. The Moonjai LLC logo will be included in the opening and closing of the video. The video will have a minimum of 4 minutes of B-roll unless agreed by Moonjai and the Videographer. 

Subjects should be above the age of 18, not in an educational or a formal training program, and preferably work in the informal economy. The subject of the video will be extremely low-income. In the United States this refers to the Department of Housing and Urban Development income limits by zip code. While obtainment of the subject’s is not required, the income Department Housing extremely low income definition can serve as a guideline based on discussions with the subject. For subjects outside of the United States the subject should be in the bottom 2.5% of income

b. Two recipe videos, each with a length of at least 4 minutes. All videos will have sound mixed to broadcast standards, and lighting set to ensure clear visibility of all main subjects and activities, in 4K quality. The video be conducted entirely in the local language and will have accurate English language subtitles as an SRT file generated from captions on the Premiere Pro (pproj) or DaVinci Resolve (drp) file. The Moonjai LLC logo will be included in the opening and closing of the video.

Videos will exclude footage and sound of the Videographer; for example, all Videographer interview questions will be cut in post-production and the interviewee will repeat the question asked as part of the answer.

The Videographer shall supply their own equipment and be responsible for any costs associated with their equipment, transportation, and lodging required to meet the specified requirements of the Services.

Videographer will provide Moonjai with (1) final products in MP4 video format using H.265 codec, as well as (2) editable source files in either H.264 or H.265 format, which can be edited on Premiere Pro or DaVinci Resolve, and the (3) Premiere Pro (pproj) or DaVinci Resolve (drp) project files. The Videographer is responsible the method and costs of transferring project deliverables to Moonjai. Moonjai LLC is entitled to two one-hour post-production revisions, during which Moonjai LLC can request changes or modifications to the final videos.

Videographer agrees to complete the services by [Date], 2023. The timeline can be extended if agreed to by Moonjai LLC and the Videographer.

2. COMPENSATION: Moonjai will pay Videographer a total fee of $[Total Fee] USD for the Services rendered under this Agreement, payable as follows: 50% upon signing of this Agreement and the remaining 50% upon delivery and approval of the final versions of the documentary and recipe videos. The videographer will provide Moonjai bank account information for international transfer; Moonjai is responsible for all transfer fees prior to payment reaching the videographer’s account while the videographer is responsible for any local bank fees. The method of domestic payment is ACH and international payment is via Wise transfer service unless the two parties agree on an alternative method. The Videographer must provide an up-to-date contact information for the subject. The Videographer agrees to compensate the interview subject with $300 which includes cooking costs, this act should be captured on video and provide confidence the subject has received payment. The subject payment is already included in the Videographer’s total fee.

3. TAX COMPLIANCE: Videographer agrees to comply with all applicable tax laws and regulations. If a videographer is hired outside of the United States the videographer must supply a completed W-8BEN-E United States IRS form to Moonjai prior to the initial transfer, otherwise Moonjai will withhold 30% of payment for US taxes. If the videographer is hired in the United States the videographer must supply a completed W-9 United States IRS form prior to the initial transfer.

4. AUDIO AND FILMING RIGHTS: If using any copyrighted songs or music in the videos, Videographer is responsible for obtaining and providing proof of the appropriate rights or licenses. Additionally, the Videographer agrees to secure signed waivers from any individuals appearing in the videos, transferring any necessary rights for their appearance to Moonjai. All minor faces (children under 18) must be blurred, and no minor audio shall be in the final without prior discussion with Moonjai LLC, regardless of a signed waiver in-hand.

5. INDEPENDENT CONTRACTOR: Videographer is an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship.

6. OWNERSHIP AND RIGHTS: All rights, including copyright, in the completed videos will belong to Moonjai. The Videographer agrees to assign all rights, title, and interest they may have in the final documentary and recipe videos to Moonjai. Moonjai retains the right to make edits to the completed videos. The Videographer has the option to either include or exclude their name in the credits of the completed videos. Moonjai grants the Videographer the right to use specified or agreed-upon portions of the final product in the Videographer's personal portfolio to show other clients. No other party, including non-governmental organizations (NGO’s), will have ownership over film rights.

7. CONFIDENTIALITY: Videographer shall keep confidential any proprietary information received during the course of providing the Services.

8. INDEMNITY: Each Party agrees to indemnify and hold harmless the other Party against any and all claims, damages, liability, and expense arising from or out of any occurrence in, upon, or at the filming location, or any part thereof, or occasioned wholly or in part by any act or omission of the indemnifying Party, its agents, contractors, employees, servants, customers, or invitees.

9. TERMINATION: This Agreement may be terminated by mutual consent of both parties. In the event of termination, the parties shall agree upon the terms, including any necessary payment or compensation, at the time of termination.

10. GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, United States. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Washington, USA.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.

Signed:________________________________________

Keegan Wincewicz

Moonjai LLC

Signed:

Printed Legal Name:______________________________________

Videographer

These are tips and guidelines expected to spark questions and a conversation and not stifle the artistic process or vision of the videographer.

For each single subject, Moonjai posts one documentary interview video and two recipes of local dishes.

Documentary Interview Tips and Guidelines:

Choice of Subject: We recommend working with an established NGO (best) or community leaders (good) to locate a subject. Subjects should currently be extremely low-income and have an interesting and compelling story to tell. Subjects should not be relatives or friends. Subjects tend to live paycheck-to-paycheck and in the United States “Extremely Low Income” is based on the Department of Housing and Urban Development’s income limits by zip code. Subjects should not be in a university or training program or have an obvious active pathway to moving out of poverty.

Nonprofits/NGOs, religious organizations, and community leaders can provide helpful leads for subjects. Moonjai’s philosophy is to make sure the videographer understands what an extremely low-income subject is and then give the videographer the freedom to find the subject and develop their story arc.

Story Arc: Aim for a story arc that includes a desire, a climax, and setbacks, while integrating various aspects of the subject’s life. Enhance the narrative mood with music without overshadowing the subject’s voice. Weave in other parts of the subject’s life. Do not be overly dramatic with music and let the subject speak for themselves. A good story is more important than camera, lighting, and sound.

An amazing story does not necessarily mean headline-grabbing. A single parent raising two kids while on food stamps is amazing.

Ethical Considerations: We do not want to endanger our subjects so prep them ahead of time to avoid speaking on highly taboo or illegal topics – for example, criticizing local governments (if illegal). We discourage any children (under 18 years) on film, even with a waiver. If minors are filmed there needs to be a compelling reason for it and we recommend a back-side shot. All other adults on film must have a film waiver. Additionally, do not put yourself in a dangerous position for the sake of shooting a video. For example: bring someone along to help if entering a house alone or film outside in a public area instead.

Use of B-roll footage: A long interview with just a subject talking on camera usually becomes monotonous. Use B-roll footage liberally, especially of the subject at their job or with their family. B-roll can also be a great way to create subtitle break space for non-English films. Most of our subjects work in the informal economy and their work there can be a great source of B-roll footage. A subject’s photo album or past videos can also be a good source of B-roll. We want to show, not tell, and prefer to use B-Roll or the subject’s voice to tell the story instead of third party video or videographer-generated screen text. A close relative (parent, spouse) can be great in the interview seat as well.

Focus on the Subject: Coach the subject to repeat part of the question in the answer so the interviewer’s voice can be cut out in post and do not include footage of the videographer or anyone from the production company on screen. The focus should entirely be on the subject or those describing the subject.

Subtitles and Language: The video must have subtitles in English. Add space between subtitles and a subtitle should never take up more than two lines or be longer than one sentence. Cut down/summarize if needed. Do not rely on a computer translator and verify yourself; if your English is not native Moonjai can help with the final edit. Finally, the interviews and recipes should be conducted in the local language; for example, if the video is filmed in France the language should be French. While  Moonjai does not dissuade stories on immigrants and refugees, the videos must be conducted in the local language.

Video, Sound, and Lighting: The contract lays out minimum expectations but use video editor sound enhancements as needed, power windows, and color correction/editing. We care about sound most, lighting second, and video quality third in that order. Many videographers prefer to shoot the interview indoors, camera on a tripod, with a three-point lighting setup, and a cardioid boom mic.

Credits: Beginning and end credits should contain the Moonjai logo and it is to the discretion of the videographer to have their name attached. Keep in mind Moonjai retains the rights to make additional edits.

Copyrights: You must produce the rights to any songs or third-party video clips used so we do not receive take-down notices.

Recipe Tips and Guidelines:

Kitchen: Wherever the subject feels comfortable. Usually this is in their home kitchen but we have had subjects who bring a kerosene burner to their farm field and cook there or cook in their backyard. We are location agnostic as long as the subject is comfortable and you feel you can make a high quality video

Recipe Choice: Encourage the subject to pick recipes that are local, important to them, and simple to make. They should not cater to an American audience or leave out local ingredients but simple tends to be better. Subjects should not be chosen at all based on their ability to cook.

Technical Considerations: Your choice as a videographer but most will use a lavalier mic instead of a boom mic for recipes as the subject is moving.

Recipe Video: Try to capture the final dish with cinematic lighting as well as the subject holding up and describing the final dish. Include a scene where the subject gives an overview of all the ingredients. A general tip is to always have the camera running and then fast-forward through scenes in the final edit where waiting for boiling/cooking etc. Cut out unnecessary instructions or discussions the subject provides and remember the audience is an American who has never seen this recipe before. Reach out to Moonjai if you are struggling for the English name of a local ingredient.

Follow-up Discussion with Moonjai: We have periods of time laid out in the contract to discuss the recipe so we can write it up for an American audience. Usually we will need the local name of an ingredient and help describing the taste so Moonjai can come up with a substitute if it is not available in US markets. We also may ask for time periods of steps – for example, how long to boil if it isn’t obvious in the video.

Cooking Capabilities: Subjects should not be chosen on their ability to cook. If they genuinely want to show how to make a great peanut butter and jelly sandwich that is fine. If they want to make an elaborate incredible recipe that is fine too.

General Tips

Feedback Available: If you want a check-in, ask questions, or brainstorm we are here to help you.

Editing Program: The contract requires either Premiere Pro or Resolve. We expect color correction and color editing at a minimum.

Video Bank: Moonjai has posted videos and you have access to all of them. However, we contracted with you because we think you can do better and raise the level of quality we showcase. We also encourage you to showcase your distinctive style we saw in your portfolio.

Feedback to Us: We are a startup and value your feedback to us. What worked, what didn’t work, and if there are ways we can do better. We want to have incentives for videographers to work with us and produce their best work. We also want to continue working with great talent and hire the same videographer for multiple subjects.

Portfolio, equipment, and a strong understanding of the types of subjects Moonjai wants to showcase. 

A demonstrated history of storytelling is most important attribute and the camera owned is the least important attribute.

We contract with many documentary filmmakers but find that the best fits are those with a history in documentary, short films, or experimental films that can embrace the freedom of 10+ minutes of unstructured storytelling and want to take bold risks. We always tell videographers to make a film you are proud of, not one you think Moonjai will want.  

We give the videographer tremendous freedom to pick their subject and develop their story. We are timeline flexible and encourage videographers to experiment with bold or unusual styles they normally wouldn't do for a wedding or corporate contract. 

If you want the freedom to elevate a low-income person's life story with tremendous creative control this is a great fit. If you want to make an experimental film, we are on board. If you want to make a black-and-white film with poetry, we are on board. If you want to make a more traditional documentary style film, we are on board.

The most common observed are:

1) Not focusing on the story

2) Poor technicals (bad sound, insufficient lighting, or camera jerkiness)

3) Not choosing an extremely low-income subject

4) Not understanding the scope: 1 documentary interview and 2 recipe videos; the documentary interview does not need to have anything to do with cooking unless that is part of the subject's story

Finding a subject is up to you - some have found through their own networks, local non-profits, religious organizations, community leaders, etc. 

Our philosophy is once we agree on what "extremely low-income" means, the videographer can choose whomever they want so long as the subject is over the age of 18, extremely low income, not in an educational or professional training program, and can conduct an interview in the local language. The subject does not have to be skilled in cooking.

We usually pay 50% upfront prior to subject selection so the videographer is not under timeline pressure to find a subject. We don't want to put an incentive to rush an important storytelling step: who will tell the story. 

No, the video should focus on a single extremely low-income person. If they are in a family the focus should just be on one person. While societal issues can (and usually should) be weaved into the storyline, the focus should be on one single person.

We encourage filmmakers to approach this project with a storytelling mindset and not a journalistic mindset. Moonjai does not have an agenda to bring awareness to certain societal challenges, we just tell the story of someone whose voice should be heard. The story they tell is up to them.

The subject should be over the age of 18.

Children and minors can be filmed but if face shots and/or audio is taken it must add to the story. Could a backshot work while adding the same effect? Would a blurred face take away from the story? Sometimes yes, sometimes no. 

We absolutely do not want to block filming of children and minors but it must add to the story. In our contracts we add a line to discuss with us first prior to having children and minors in the final video. 

Regardless, a release form must be signed by their guardian to appear on film.