This agreement confirms that Mongabay Org Corp (hereinafter referred to as “Mongabay”) agrees to enter into this agreement with {yourName} (hereinafter referred to as “the Videographer”), for the purposes of the Videographer delivering to Mongabay the materials described in this agreement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party, the parties agree as follows.
1. (a) Compensation - Mongabay will pay to the Videographer the amount specified in our Video Project Survey for the services described in that survey.
2.) (a) Expenses - Mongabay will reimburse the Videographer for reasonable and necessary expenses provided that such expenses have been pre-approved and you submit documentation acceptable to Mongabay within thirty (30) days of incurring said expenses
(b) Expenses - Equipment will not be covered as an expense unless agreed upon in a Scope of Services agreement.
3. (a) Original Work - The Videographer represents and warrants that the video is original, has not been previously published, and will in no way infringe any copyright in whole or in part. The Videographer agrees to indemnify and hold harmless Mongabay from any claim or losses arising from a breach of these representations and warranties.
4. (a) Model Releases - The Videographer will obtain signed model releases of any subjects or locations used in the video to the extent such consent is required by law. The releases will include contact information of the subject.
5. (a) Warranty and Indemnity - The Videographer represents and warrants that to the best of his or her knowledge the video will contain no matter that, if published, will be libelous, defamatory, or scandalous or violate any personal or property rights of any third party. The Videographer shall cooperate with Mongabay in jointly defending against any libel or defamation or any claim for libel or defamation.
6. (a) Deliverables - The Videographer will deliver video of the quality specified in the Scope of Services agreement and must be suitable for publication on or before the agreed deadline. If the Videographer cannot meet the deadline, the Videographer will give Mongabay reasonable notice in advance of the agreed deadline. The Videographer may not set a new deadline without Mongabay’s permission.
(b) Deliverables - The Videographer will deliver model releases with contact information on or before the agreed deadline for the video.
7. (a) Revisions - The Videographer acknowledges that Mongabay has the right to edit or revise the video.
8. (a) Mongabay's Acceptance & Payment - Mongabay will endeavor to pay the fee and relevant taxes within 30 days of publication of the video.
(b) Mongabay's Acceptance & Payment - Mongabay will endeavor to reimburse the Videographer for agreed-upon general and travel expenses within 30 days of receipt of an expense form accompanied by receipt copies for the expenditures.
9. (a) Kill Fees - If Mongabay terminates the assignment before work has been commenced, then no kill fee will be paid.
(b) Kill Fees - If Mongabay terminates the assignment after work has commenced, then a kill fee will be paid equal to half the agreement value plus expenses.
10. (a) Copyright - The Videographer grants Mongabay the exclusive, worldwide right to publish the edited video and make it available in perpetuity online or in any format ever invented or to be invented in the future. Mongabay has the right to grant reprint/rebroadcast rights to the edited video.
(b) Copyright - The Videographer grants Mongabay the non-exclusive, worldwide, perpetual right to publish, use, or sell the raw media from this assignment in any format ever invented or to be invented in the future.
(c) Copyright - The Videographer retains ownership and copyright of the raw media.
(d) Copyright - The Videographer will not publish or sell any of the raw media taken during the assignment until three months after the publication of the edited video. The exception to this is that the Videographer may publish short clips to social media (such as Facebook or Instagram) as long as the Videographer indicates the video was taken while on assignment for Mongabay and such use is first cleared by Mongabay.
(e) Copyright - You warrant that the Materials will be original and that it (they) will not plagiarize another's work, infringe another's copyright or trademark, violate any person's rights, including the right of privacy, or contain libelous or otherwise unlawful or misleading material. You also warrant that the Materials will not have appeared in any other publication, in whole or in part, unless otherwise agreed to by Mongabay. You hereby agree to cooperate fully with Mongabay in responding to and defending against any third-party or Mongabay.org claims relating to the Materials.
11. (a) Unpublished Video - If the Videographer is paid a kill fee in accordance with section 9, Mongabay may not publish the edited video but will retain the rights to the raw media as set out in 10.b. The Videographer retains rights as set out in 10.c.
12. (a) Use of Videographer Name - The Videographer agrees to allow Mongabay to use their name, likeness, and biography in connection with the video and any works based on or derived from it.
13. (a) Conflicts & Ethics - You agree that with regard to the Materials written under this agreement, you will take care to avoid conflicts of interest or the appearance of conflict, and you will otherwise comply with the applicable provisions of the policies on Ethical Journalism set forth at http://www.nytco.com/pdf/NYT_Ethical_Journalism_0904.pdf. For example, but without limitation, in connection with the Materials, you will not accept free transportation, gifts, junkets, or commissions/assignments from current or potential news sources, and you agree to disclose to Mongabay any financial interest you may have in the subject matter of the Materials.
14. (a) Engagement - You acknowledge that your relationship to Mongabay is that of an independent contractor. As such, you will not be an employee of Mongabay, nor will you be entitled to any employee benefits, such as medical benefits, life insurance, retirement benefits, etc. Since you are an independent contractor, Mongabay will not withhold monies, including but not limited to taxes and FICA on amounts paid to you under this agreement. If you are a US Tax Payer, at the end of the year, Mongabay will send you IRS Form 1099 which will reflect all amounts paid to you during the year.
15. (a) Agreement - This agreement sets forth the complete understanding and agreement of the parties, shall supersede any prior agreements between the parties on the subject matter hereof, and may not be modified except in writing and signed by both parties. The terms of paragraphs 2 and 5 shall survive any termination of this agreement.
(b) Agreement - This agreement has been made in and shall be construed and enforced in accordance with the laws of California applicable to agreements executed and wholly to be performed therein. Any action to enforce this agreement shall be brought exclusively in the state courts located in the County of Washington, other than actions to enforce U.S. copyright law, which may be brought in the U.S. District Court for San Mateo County.
(c). Agreement - This agreement may be terminated by either party by giving seven days’ notice telephonically, orally or, upon sending, electronically or in paper form.
If the foregoing terms are satisfactory to you, please indicate your acceptance by signing and dating below.
Upon submission of this survey, you will receive an email copy of this agreement for your records.