The Film Daily (1928)

THE ■c^Hk DAILY Complete Text of Uniform Contra *DiRECTiON TO Salesmen : While you have every right to trade among prospective customers to obtain the best offer possible for your product, after you have selected a particular exhibitor whose offer you believe to be the best obtainable and take a vtritten application from such exhibitor, you are hereby directed to forward the application to the office of your company and make no further effort to sell the same service to any other exhibitor directly competing with such exhibitor until the application so forwarded has been duly rejected, accepted or withdrawn in accordance with its terms. A violation of this direction will subject you to discharge. *(Note: This direction to Salesmen shall be printed upon but shall not be deemed a part of the Standard Exhibition Contract.) STANDARD EXHIBITION CONTRACT Agreement, made in one or more counterparts between a corporation (hereinafter referred to as "the Distributor"), party of the first part, and the Exhibitor hereinafter named and referred to as the "Exhibitor," operating the theater or theaters hereinafter designated, party of the second part, WITNESSETH : The parties hereto agree as follows: F:rst: The Distributor warrants that there is contained herein all of the numbered Articles of the "Standard Exhibition Contract" agreed upon by the Contract Committee appointed at the 1927 Motion Picture Trade Practice Conference (an authenticated copy of which has been filed with the American Arbitration Association). The Distributor also warrants that any clauses in addition thereto appearing upon the Schedule have been approved by such Contract Committee, and that any additional clauses appearing upon a Rider, if any hereto annexed, are not inconsistent with any of such numbered Articles. It is agreed that any clauses contained in such Rider shall be of no effect unless such Rider be signed by the Exhibitor. It is agreed that any agreement contained in the Schedule covering or describing what photoplays are licensed hereunder and in respect of any license fee, exhibition dates and any provision permitted by the provisions of the numbered Articles hereof shall not be deemed an additional clause for the purpose of this Article. Second: (a) The Distributor hereby grants to the Exhibitor, and the latter accepts, a license under the respective copyrights of the several photoplays designated and described in the Schedule herein subject to the terms and conditions hereinafter stated to exhibit (during the period of one year commencing with the date fixed or determined as hereinafter provided for the exhibition in the theater hereinafter designated provided for the exhibition in the theater hereinafter designated of the first photoplay deliverable hereunder, unless otherwise in the Schedule provided) each of such photoplays at the said theater only for the number of successive days in the said Schedule provided. If more than one theater is hereinafter designated no photoplay is licensed hereunder for exhibition at more than one of such theaters unless otherwise specifically agreed upon in the Schedule. In case any of such photoplays (except photoplays which shall be "roadshown") shall not be "generally released" by the Distributor for distribution in the United States during the period beginning and ending , such photo plays shall be excepted and excluded from this license unless the Exhibitor shall give written notice to the Distributor not later than thirty days after such last mentioned date that the Exhibitor elects to exhibit all of such photoplays hereunder. If such notice be given the Distributor shall deliver and the Exhibitor shall exhibit such photoplays as and when available for exhibition hereunder, except that any of such photoplays not so "generally released" within two years after such last mentioned date shall be also excepted and excluded. The Distributor may exhibit or license the exhibition of any photoplays excepted and excluded as aforesaid when and where desired by the Distributor, and all claims or causes of action in respect thereof are hereby expressly waived by the Exhibitor. Third: The Exhibitor agrees to exhibit under said license said photoplays, but only at the theater hereinafter specified, on the exhibition date or dates fixed in the Schedule or determined as hereinafter provided, and not to allow any positive print thereof to leave the Exhibitor's possession during the Contract Changes at a Glance Following are important changes of the new Standard Exhibition Contract, effective May 1: The exhibitor may cancel ten per cent of any block on payment of 50 per cent of the rental of pictures cancelled. No short subjects shall be included in any block of features. Protection will begin on the last instead of the first day of run. Distributors must provide prints "suitable for exhibition." Exhibitors are relieved from playing pictures not "generally released" during the life of the contract, imless such exhibitors give written notice of their desire to play the pictures, which then must be supplied within two years or the contract cancelled. Protection is established during the life of the contract over any new theaters built in the zone for which the pictures are bought. Only two pictures may be withdrawn from the block for roadshowing. Salesmen are subject to discharge for violation of the code of ethics. The exhibitor may hold the exchange liable for missouts caused by another exhibitor, who, in turn, is liable to the distributor for the damage involved. The exhibitor is relieved of liability on prints damaged in transit. Film damaged or destroyed is to be paid for at actual replacement cost, instead of the arbitrary figure of four cents per foot. The exhibitor shall not be required to play any picture, substitutions to which have been made so that it does not correspond to the identifying description, as concerns star, director, or specified story or play, although distributors retain right to change titles and make alterations, changes in or adaptations of the book or play specified. The exhibitor must not cut pictures, except newsreels, without written or telegraphic approval of the distributor, and must adhere in advertising to the form of announcement contained in the distributor's advertising matter. Distributors are fined an additional ten per cent of the award, for every month which elapses following their failure to comply with the award. This is the only change in arbitration rules. Exhibitors are relieved at the discretion of the arbitration board from playing pictures reUgiously racially offensive. period specified for fhe exhibition of any such positive print at any other time or place. Such license shall be specifically for such exhibition of such photoplays, and for no other purpose. FouSth: The Exhibitor agrees to pay for such license as to each of such photoplays the fixed sums herein specified at least three (3) days in advance of the date of shipment from the Distributor's Exchange or from the last previous exhibitor of the positire print thereof. Fifth: Payment, if any, made upon the execution hereof by the Exhibitor shall be deemed payment on account of the sums last payable hereunder. Sixth: During the life of this contract the Distributor agrees not to exhibit or license the exhbiition of any such photoplays in conflict with the "run" or "protection period," if any, in the Schedule specified. Unless otherwise provided herein, such "protection period" shall be computed from the last date of e-xhibition of each photoplay as fixed herein. If "protection" is granted hereunder against a specified theater or theaters which "protection" shall indicate that it was the intention of the Distributor to grant such "protection" against all of the theaters in the immediate neighborhood or vicinity of the Exhibitor's theater, then, unless otherwise provided in the Schedule, such "protection" shall be deemed to apply to and include any theater that may hereinafter be opened in such neighborhood or vicinity. Seventh: The Distributor agrees to deliver to the Exhibitor during the period specified in Article Second hereof or otherwise in the Schedule provided for a positive print suitable for exhibition of each of such photoplays for exhibition at the said theater on the dates specified or on the dates determined as herein provided. Delivery of such positive prints by the Distributor to the Exhibitor at the Distributor's exchange or to a common carrier or to the United States postal authorities for mailing or to any agent of the Exhibitor shall be deemed delivery by the Distributor to the Exhibitor hereunder. All deliveries other than at the Distributor's exchange shall be made in time to enable the carrier thereof in accordance with the carrier's time schedule to deliver to the Exhibitor or at the place where the Exhibitor's theater is located prints at least one hour before the usual time for the opening of the Exhibitor's Theater. The Exhibitor agrees to return each positive print received by the Exhibitor hereunder, with the reels and containers furnished therewith, to the exchange of the Distributor from which the Exhibitor is served or as otherwise directed by the Distributor immediately after the last exhibition of such positive print, in the same condition as when received by the Exhibitor, reasonable wear and tear due to the proper use thereof excepted. The Exhibitor agrees to pay all costs of transportation of such positive prints, reels and containers from the Distributor's exchange or the last previous exhibitor having possession of any of such positive prints (as the case may be) and return to the Distributor's exchange; or if directed by the Distributor, to ship such positive prints elsewhere than to the Distributor's exchange transportation charges collect. It is agreed that the delivery of a positive print properly directed and packed in the container furnished by the Distributor therefor, to a carrier designated or used by the Distributor and proper receipt therefor obtained by the Exhibitor, shall constitute the return of such positive print by the Exhibitor. If the Exhibitor fails to or delays the return of any positive print to the Distributor or fails to forward or delays forwarding (as directed by the Distributor) any such print to any other exhibitor the Exhibitor agrees to pay the Distributor the damage, if any, so caused such other exhibitor as shall be determined by Arbitration as provided for in Article Eighteenth hereof. Eighth: The exhibition date or dates of each photoplay, unless definitely specified or otherwise provided for in the Schedule, or otherwise agreed upon, shall be determined as follows : 1. The Distributor shall mail to the Exhibitor at least fifteen days' notice in writing of the date upon which each photoplay will be available for exhibition by the Exhibitor, consistent with prior runs and/or protection heretofore or hereafter granted to other exhibitors (which date is hereinafter referred to as "the available date"). Such notice shall be of no effect unless prints of such photoplay are in the exchange of the Distributor from which the Exhibitor is served. 2. Within fourteen days after the mailing of suoh notice, the Exhibitor shall select an exhibition date or dates within a thirty day period commencing with such available date, by giving written notice to the Distributor of the date, or dates, so selected. // the exhibition date or dates so selected by the Exhibitor are not open for the Exhibitor, then the exhibition date or dates shall be designated as provided in the following paragraphs "A" and "B": (A). If other dates within said thirty day period are open the Exhibitor shall immediately select from such other open dates another date or other dates; failing to do so. then the Distributor shall designate the date or dates which shall be within a period not earlier than two weeks nor later than isx weeks from the date first selected by the Exhibitor, by mailing fourteen days' notice thereof to the Exhibitor. (B). If no other date or dates wit thirty day period are open (after thi iter's written request therefor) then hibitor shall designate the date c which shall be within a period no; than two, nor later than six weeks I last date of the said thirty day pt immediately giving written notice th the Distributor. If the Exhibitor immediately designate such date or i provided in this paragraph "B," i tributor shall designate the dale r within the same period by mailing Exhibitor fourteen days' notice of s or dates. // the Exhibitor fails to make ml tion within fourteen days after the m the available dates of any photopl the Distributor may at any time desi. exhibition date or dates thereof, oii or dates shall not be prior to the date, by mailing notice thereof at le teen days before such exhibition dates; and if any such photoplay si been exhibited by any other exhibili a "run" prior in point of time and ately preceding the "run" sfecififi Schedule granted to the Exhibitor, Distributor shall designate the eihib: or dates thereof, which shall be period of forty-five days comme»c the available date. In case tki date or dates of any of the pi _ be designated by the Distributor this paragraph, "the period of pri any, specified in the schedule, sluU , the fifteenth (lith) day of the thirt: iod specified in paragraph 2 of tki 3. The exhibition date or dates ( the photoplays selected by the Ext available), or designated as in thi Eighth provided, or otherwise tpi between the Distributor and the i shall be for all purposes the exhibf or dates of such photoplay as though specified in the Schedule. 4. In case this contract embracfti of feature photoplays, five reels or, length and featuring a particular tl rector, the Exhibitor shall not ht hereunder to exhibit more than one, of any such series every five weeks Ninth: The Exhibitor shall p; Distributor a sum equal to the a placement at the Distributor's exc each linear foot of any positive li stolen or destroyed or injured in ail the interval between the delivery t the Distributor and the return then Exhibitor in full settlement of all such loss, theft, destruction or inju payment, however, shall not transfi or any interest in any such positiv the Exhibitor or any other party, i, the Exhibitor from liability arisii any breach of this contract. Tb * utor shall at the option of the »* repay or credit to the Exhibitor *■ paid by the latter for lost or sto f excepting "news reels," upon their :^ the Distributor within sixty (60) '' the date when the same shoulrf returned hereunder. The Exhi! be liable for the damage or (iany positive print, provided t; . establishes such damage or dt~i ' truction occurred while in trail Exhibitor. The Exhibitor shall i notify the Distributor's exchange b of the loss, theft or destruction _t age or injury to any positive prin positive print shall be received {ro| hibitor by the Distributor or any exhibitor in a damaged or partialljj condition it shall be deemed to ha damaged or destroyed by the Exl less the latter, prior to the see exhibition thereof shall have tel^| Distributor's exchange that such ptj ceived by the Exhibitor in a dl partially destroyed condition, and » fully the nature of such damag amount of footage so damaged or c| Tenth: The Exhibitor shall quired to accept for any photopla in the Schedule as the photoplay or of a director, or based upon story, book or play, or by an description, any other photoplay of star or different director, or basl different story, book or play, 0 responding to such identifying de=' the case may be. Nothing hereii * shall limit the right of the Di: ^ change the title of any of such pbt9 as respects any photoplay based W story, book or play, prevent the ft (0 1^