Tuesday, January 22, 2008

crossing my fingers: hope there's no problem seeing him in the film

update

talked to talent managers. they've confirmed their talents' committment to the project. Thanks june rufino, sandra chavez and ricky gallardo! Thanks for supporting indie filmmaking!

had a whole day meeting with producers madonna tarrayo and grace quisias, production managers meg arao and von nave last saturday. it was long arduous but fun. madonna's roast bee f was the best. Thanks mado for accomodating us!

We've pegged a date for the first date of shoot -- March 4! exciting! grabe!

Right now we are canvassing for good package rates for the out of the country shoot. we'd have to do this before or after the holy week. We've got a good rate from Concierge. maybe if i offer them sponsorship we can get even more discounts? Not a bad idea.

Wednesday, January 16, 2008

skillset

posting a wonderful link for film practitioners:

http://www.skillset.org/film/

It details all film practitioners job descriptions. Very useful. Check it out

the moa

posting the moa...this feels so real now.

MEMORANDUM OF AGREEMENT


KNOW ALL MEN BY THESE PRESENTS:


This Memorandum of Agreement, entered into on this _________ day of __________ 2008, in the City of Pasay, Philippines, by and between:


CINEMALAYA FOUNDATION, INC. [“CFI”], a non-stock, non-profit and non-government foundation with principal office at the 9th Floor, Philippine First Building, 6764 Ayala Avenue, Makati City, represented herein by its Chairman, ANTONIO O. COJUANGCO and Competition Chairperson, LAURICE GUILLEN-FELEO; ECONOLINK INVESTMENTS INC. [“EII”], with address at 5th Floor, SGV II Bldg., 6768 Ayala Avenue, Makati City, represented herein by its President, FLORENTINO M. HERRERA III; and the CULTURAL CENTER OF THE PHILIPPINES [“CCP”], a government-owned and controlled corporation created under and by virtue of Presidential Decree No. 15 as amended, with principal office at the Cultural Center of the Philippines Building, CCP Complex, Roxas Boulevard, Pasay City, duly represented herein by its President, NESTOR O. JARDIN; who are all duly authorized for the purpose and hereinafter collectively referred to as the “First Parties”;

- and -

CHRISTOPHER D. MARTINEZ of legal age, Filipino and a resident of AB-I 304 Hardin ng Rosas, UP, Diliman, Quezon City, hereinafter referred to as the “Second Party”.


WITNESSETH: That –

WHEREAS, CFI, CCP and EII have agreed to organize and manage the Cinemalaya Competition as part of the Cinemalaya: Philippine Independent Film Festival 2008, which shall take place in July 2008 at the Cultural Center of the Philippines and the University of the Philippines Film Institute (UPFI).

WHEREAS, the Cinemalaya Competition seeks to discover, encourage and honor the cinematic works of Filipino filmmakers.

WHEREAS, the Second Party is one of the ten (10) artists whose works were selected as full-length feature film finalists in the Cinemalaya Independent Film Competition.

NOW, THEREFORE, the parties have agreed as follows:

1. CFI shall facilitate the management of the competition, recommend to the Cinemalaya Organizing Committee the members of the Selection Committee and Jurors for the full-length competition, and monitor all the stages of the production until the completion of the film.

EII shall provide the sum of Pesos Five Hundred Thousand (P500,000.00)
seed grant for the production of the full-length feature film entitled 100 which shall be screened at the Cultural Center of the Philippines during the Cinemalaya 2008 Philippine Independent Film Festival for which no additional remuneration shall be due to the Second Party and at the UP Film Institute, where a cost and revenue sharing scheme shall be implemented.

The First Party through its Competition section shall undertake the English translation of dialogue and subtitling of the film.

The Second Party warrants and guarantees that:

He has not yet directed more than three (3) full-length commercial feature films;
He has the full proprietary right to the content of the film produced and that he has not assigned it either in part or whole to a financier or any third party; that, in the event that he has assigned it in part or whole, he has full authority to bind the financier or third party to enter into an agreement which may call for the assignment of such right under the terms and conditions of the Cinemalaya rules;
He has the full authority to act on behalf of the production and his co-filmmakers, if any, as evidenced by an undertaking signed by all those concerned, freeing the First Parties from any liability for any controversy regarding the sharing of awards and benefits among the members of the group;
His full-length feature film is strictly an independent work, which may be co-produced only by individuals or production companies with an independent film orientation;
His full-length feature film has not been exhibited commercially in any theater nor already in production phase prior to the signing of this contract;
His full-length feature film shall be in digital video format (i.e., digital editing post-work);
The running time of his full-length feature film shall not be more than two (2) hours;
The total production budget for the full-length feature film shall not exceed Three Million Pesos (P3,000,000.00);
All materials, including music, used in his full-length feature film shall be either original or licensed, in the public domain, or used with the written permission of the owner of the corresponding rights;
The dialogue in the full-length feature film shall primarily be in Filipino or any of the other Philippine languages, with English subtitles,
The English translation of dialogue may be submitted to the Competition section of CFI to serve as guide for subtitling;
No obvious or intentional commercials or product endorsements shall be inserted in the body of his work. Sponsors and donors may be acknowledged in the closing credits of the film.

EII, being in-charge of the disbursement of the seed money, shall make available to the Second Party the amount of P500,000.00 in five tranches after submission of the corresponding requirements, as follows:


AMOUNT DATE OF SUBMISSION REQUIREMENTS TO BE SUBMITTED

40%
(P200,000)
Not later than
January 28, 2008. Release of grant is within 3-4 working days after the approval/acceptance of submitted requirements

Signed MOA
Final Production Schedule
Final Budget & Counter Financing
Sequence Breakdown
Major Cast and Staff List
Synopsis of Film






20%
(P100,000)
On or before
February 18, 2008 Release of grant is within 3-4 working days after the approval/acceptance of submitted requirements

Progress report of production
Materials of footages shot



20%
(P100,000)
On or before
March 18, 2008
Release of grant is within 3-4 working days after the approval/acceptance of submitted requirements
Progress report of production
Materials of footages shot
Copy of the shooting script in CD format to be sent through email

10%
(P50,000)
On or before
May 05, 2008
Release of grant is within 3-4 working days after the approval/acceptance of submitted requirements
Progress report
Captioned production stills in CD jpeg format and hard copy
Behind the scenes materials and one-minute trailer in Mini-DV and DVD
Major production credits
Poster design in jpeg format
Updated filmmakers profile and synopsis of film

10%
(P50,000)
On or before
May 30, 2008
Release of final grant shall be made after all requirements are accepted by the Competition Chairperson
Two (2) copies in mini-DV format of final edit for:
a.1 subtitling and archives
a.2 festival screening

b) Eight (8) copies in DVD format to be submitted not later than June 13, 2008, for:

b.1 jury screening (1)
b.2 archives (1)
b.3 festival screening (6)



Pending completion of the full-length feature film and submission of complete requirements, the Second Party shall hold the seed money in trust for the First Parties, which shall be used by the Second Party exclusively for the production of one (1) full length feature film. The Second Party shall account for the seed money whenever demanded by the First Parties. Failure to account for the seed money within the period specified by the First Parties shall be charged with estafa as defined and penalized under the Revised Penal Code.

The standard CINEMALAYA animated logo (to be provided by the CFI) must be included in the opening credits. “Cinemalaya Presents” must be shown on the first title card within the main feature, as well as in all promotional materials for the film (domestically and internationally).

All shipments by the Second Party to the Festival must be prepaid. The CFI shall not and cannot accept any collect shipments of any entry.

9. The First Parties shall ensure the safety of the films throughout the period in which the materials are in the Festival’s custody. In case of loss or damage, the obligations of the First Parties shall be limited to compensating the Second Party only for the cost of replacing the damaged material.

10. EII shall have the exclusive broadcast (terrestrial, TV, cable and satellite) rights to the full-length feature film of the Second Party for a period of two years in the Philippines and all international territories. Such two-year period shall be counted from the 90th day from the festival awards night. In any event, EII will commence its premier broadcast of the full-length film feature for terrestrial, TV, cable and satellite, only after a 90-day period from the festival awards night except for the pay-per-view rights.

11. EII shall have the broadcast pay-per-view rights to the full-length feature film of the Second Party in the Philippines and all international territories commencing immediately from the festival awards night and effective for a period of two years.

12. EII, through an entity of its choice, shall have the broadcast rights to the full-length feature film of the Second Party through the World-Wide-Web for a period of three years subject to a revenue-sharing scheme to be covered under a separate contract.

13. CCP and UP Film Institute reserve the right to show the full-length feature film of the Second Party for educational purposes in perpetuity within the CCP and UP venues.

14. The Second Party owns the theatrical rights and video rights over the full-length feature film. However, EII will have the first option to buy the rights to the full-length feature film for theatrical release or video production and distribution. In the event that EII buys the theatrical and/or video rights, a separate contract will be drawn by EII with the Second Party. In the event that EII does not exercise its first option to buy the theatrical and/or video rights within thirty (30) days after the last day of the Cinemalaya Film Festival, it will issue a written waiver in favor of the Second Party.

14.a. The theatrical rights of the Second Party include the screening of films in public commercial cinemas through non-satellite link projections and broadcast systems.
14.b. The video rights of the Second Party include the production and distribution of the Second Party’s film in video media such as VHS tape, videodiscs or similar storage display media.

15. The Second Party undertakes to secure all the necessary consents of all parties [such as artists, performers, directors, writers] who may have copyrights in the full-length feature to enable CFI, CCP and EII to have unhampered rights to show/broadcast the full-length feature of the Second Party.

16. The Second Party shall hold the First Parties free and harmless from any and all claims, suits, causes of action and all other incidental expenses that may arise as a result of the production of the full-length feature film.

17. Should there occur any force majeure or similar condition that may delay or prevent the timely completion or fulfillment of this agreement and the attainment of its objectives, the party with knowledge thereof shall notify the other parties, in writing, specifying the cause and its implications and consequences on the fulfillment of the project, to enable all parties to adopt remedial measures.

18. The Second Party binds himself to complete the production of the full-length feature film, which is the subject of this agreement, and comply with the requirements as stipulated herein. In the event of unjustified failure by the Second Party to complete or fully implement the production in accordance with the terms and conditions stipulated in this agreement, or any breach or violation thereof committed by the Second Party, the First Parties may terminate this agreement and the Second Party shall then be liable for the immediate reimbursement of all moneys already received, and all materials already submitted shall automatically become the property of the CFI, and without prejudice to such civil action and/or criminal prosecution as may be warranted under paragraph 5 above and existing laws.

19. Any amendment or modification of this agreement or its renewal shall be mutually agreed upon by the parties. No modification or amendment of this agreement shall be valid unless the same is in writing and signed by both parties. No waiver of any provision of this agreement shall be valid unless it is in writing and signed by the party against whom it is sought to be enforced.

20. In case of suit arising out of this agreement, the exclusive venue shall be the court in Pasay City.


IN WITNESS WHEREOF, the parties have hereunto set their hands and signed these presents on _____ day of ______________ at the Cultural Center of the Philippines.

FIRST PARTIES:

CINEMALAYA FOUNDATION, INC. ECONOLINK INVESTMENTS INC.
THE PHILIPPINES

By: By:


ANTONIO O. COJUANGCO FLORENTINO M. HERRERA III
Chairman President



LAURICE GUILLEN-FELEO CULTURAL CENTER OF
Competition Chairperson THE PHILIPPINES

By:


NESTOR O. JARDIN
President
SECOND PARTY:


CHRISTOPHER MARTINEZ
TIN: 148-615-954

SIGNED IN THE PRESENCE OF:


________________________ ________________________
ARTURO DIAGO




ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)
) S.S.

Before me, a Notary Public for and in this _______ day of , personally appeared the following:

Name Comm. Tax Cert. No. Date/Place Issued

ANTONIO O. COJUANGCO ________________ __________________
LAURICE GUILLEN-FELEO ________________ __________________
NESTOR O. JARDIN ________________ __________________
FLORENTINO M. HERRERA III ________________ __________________
CHRISTOPHER MARTINEZ ________________ __________________

known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed and that of the entities herein represented.

WITNESS MY HAND AND SEAL at the place and on the date first above written.

Doc. No.
Page No.
Book No.
Series of 2008

Thursday, January 03, 2008

standstill

marlon is in Brazil (or New York), madonna and grace are in Beijing (or Shanghai)...what am i supposed to do...gusto ko na magsimula...i want to get this started...what am i to do?

Sunday, December 30, 2007

hmmm...

2 t.t.'s

The dinner went great. MD made salad. I brought roast chicken and cooked pasta a la PJP -- whom we are trying to get for a pivotal role. ED was wonderful enough to let us have the small get-together in her house. Good friend AR dropped by with a bottle of wine, Christmas gifts and a good deal of Christmas cheer! It was fun. It's not the first time I'm seeing MD in person but this is the first time we've really talked personally. I've always found her to be beautiful and very sensual and sexy without even trying. We are all excited to be working soon. As for the other memebers of the main cast, TT has read the outline and her response is very positive. In her own words: "naiyak at natuwa ako." I guess that's great. I never intend this film to be a tearjerker but if the material can't help it, I guess I don't have to fight it. I'll just let it flow. TT is perfect for the role of the mom.

OH!

I just realized, I'll be having two TT's in the cast! Well, two TT's are better than one! TT2 has earlier confirmed for another role. So far, isa na lang ang iniitay kong confirmation sa main cast. We are crossing our fingers we get PJP. Pero siguro next year na ako mangungulit, I don't want to be a partypooper during the last remaining hours of the holidays. I know how busy these people are all year round.

That's all for now!