The Film Daily (1928)

]bruary 28, 1928 ~.gg^ OAiur w Agreement Operative May 1 changes in or adaptations r warrants that none of the 1 hereunder are reissues from old negatives renamea, c* iically set forth as such in I'liis contract shall not be asparty without the written acassignee and the written conr party; provided, that if the ir disposes of his interest in lafter specified, he may assign the purchaser of such interwritten consent of the Disli assignment shall become efe written acceptance thereof . such assignment, however, e the Exhibitor of liability CSS the Distributor consents Wlelease the Exhibitor from such The Exhibitor agrees to run cpting "news reels") as dealteration, excepting with the raphic approval of the Disto requirements of duly auauthorities necessitating any Exhibitor also agrees to ad> jiaounce each photoplay as a ' i all newspaper advertising and ■=STfl by the Exhibitor relating to the Exhibitor shall adhere to uncement contained in the adissued by the Distributor. J accessories used by the Ex-ction with the exhibition of must be leased from or tributor and must not be sold, away by the Exhibitor. Liitract expressly provides for in the City or Town wherein :r treinafter specified is located, itoikgrees not to advertise any of 'herein provided for announce.ng or otherwise prior to, and ompletion of, the exhibition of by any other exhibitor having le "first-run" thereof in said or shall not in any wise be jreach of the provisions of the eceding paragraph contained in Itandard Exhibition Contract" I exhibitor. The Distributor warrants plays herein provided for will advertising matter for which ■ received by the Distributor. The E.xhibitor agrees to pay Itor upon demand any tax, fee ' charge now and/or hereafter ed upon the delivery and/or i positive prints of the photoon the sums payable under this Exhibitor to the Distributor. ...statute or ordinance any such or kier like charge is or shall be •' "Id by the Distributor and the ".lyable hereunder by the Ex•herein definitely fixed or candetermined then the Exhibitor iich part of any such tax, fee harge, paid or payable by the It 4 shall be fixed in the manner d the then President of the ^'iration Association. The Exhibitor warrants and ing the period each of the ein provided for shall be exd theater the Exhibitor will lission to said theater an actual vhich shall not be less than ten a greater minimum admission n elsewhere specified, for each that such photoplays shall not ted jnless such admission fee is ; b r 3' fei les: he ai .1TI I 0 ont ih< he )n, 3m ■isd ma be I bui hit ar pei r. oi mi .xh .: si In case the Exhibitor shall be irevented from the performance :t with respect to any of the in specified by reason of censor ements, accidents, strikes, fire :ts of God, the public enemy, or order of any Court of comlon, then such delay or failure : with respect to such photoxcused and all claims or causes damages therefor, or arising hereby expressly waived by In any such event, the time r to perform this contract with such photoplay shall be extend! equal to the time of such de ormance thereof because of the ".y such cause or contingency is 5ible, in which case performance tor with respect to any such be waived. The resumption of performance by the Exhibitor shall begin promptly after the removal or abatement of the contingencies or causes of such disability or prevention of performance, provided that if such delay and/or prevention of performance, caused as aforesaid, shall continue for a period of three (3) months either party hereto may cancel this contract, but only with respect to any such photoplay the e.xhil)ition hereunder of which has been so delayed or prevented, by sending after the e-xpiration of such three (3) months' period to the other party notice in writing to such effect. In case the Distributor shall be delayed in or prevented from the performance of this contract with respect to any of the photoplays herein specified by reason of the elements, accidents, strikes, fire, insurrection, acts of God, the public enemy, public calamity. Court orders, censor rulings, delays of any common carrier, or of the United States Postal authorises, delays in production or failure of the producers of any such photoplays to make or deliver them to the Distributor or of any star or other performer to appear herein in time for delivery as herein provided, then such delay in or prevention of performance shall be excused and all claims or causes of action for damages therefor or arising therefrom are hereby expressly waived by the Exhibitor. In any such event, the time of the Distributor to perform this contract with respect to any such photoplay shall be extended for a period equal to the time of such delay, provided, however, that in case any such delay of prevention shall prevent the Distributor from "generally releasing" any such photoplay during the period specified in paragraph (b) of Article Second, the provisions of such paragraph shall govern, unless performance because of the happening of any such cause or contingency is rendered impossible, in which case performance by the Distributor with respect to auy such photoplay shall be waived. The resumption of performance by the Distributor shall begin promptly after the removal or abatement of the contingencies or causes of such disability or prevention of performance and the Distributor shall deliver to the Exhibitor any such photoplay at the earliest available date thereafter, and such delivery in any such case shall be with the same force and effect as though delivery took place within the period herein above limited and the Exhibitor agrees to accept, pay for and exhibit any such photoplay at such later period pursuant to the terms hereof. Seventeenth: The waiver by either party of any breach or default by the other party shall not be construed as a waiver of any other or subsequent breach or default by such other party. Eighteenth: The parties hereto agree that before either of them shall resort to any court to determine, enforce or protect the legal rights of either hereunder, each shall submit to the Board of Arbitration (established or constituted pursuant to the Rules of Arbitration filed with the American Arbitration Association, 342 Madison Avenue, New York City, bearing date May 1, 1928 and identified by the signatures of the Contract Committee appointed at the 1927 Motion Picture Trade Practice Conference, a copy of which will be furnished to the Exhibitor upon request) in the city wherein is situated the exchange of the Distributor from which the Exhibitor is served or if there be no such Board of Arbitration in such city then to the Board of Arbitration in the city nearest thereto (unless the parties hereto agree in writing that such submission shall be made to a Board of Arbitration located in another specified city) all claims and controversies arising hereunder for determination pursuant to the said Rules of Arbitration and the rules of procedure and practice adopted by such Board of Arbitration. The parties hereto further agree to abide by and forthwith comply with any decision and award of such Board of Arbitration in any such arbitration proceeding, and agree and consent that any such decision or award shall be enforceable in or by any court of competent jurisdiction pursuant to the laws of such jurisdiction now or hereafter in force; and each party hereto hereby waives the right of I'ial by jury upon any issue arising under this contract, and agrees to accept as conclusive the findings of fact made by any such Board of Arbitration and consents to the introduction of such findings in evidence in any judicial proceeding. In the event that the Exhibitor shall fail or refuse to consent to submit to arbitration any claim or controversy arising under this or any other Standard Exhibition Contract which the Exhibitor may have with the Distributor or any other distributor or to Reform Wash. Bur. of THE FILM DAILY Washington — The new contract came up at the hearings on the Brookhart bill yesterday when Charles C. Pettijohn, counsel for the Hays organization, pointed it out as an instance of reform in its business structure which the industry is introducing from the inside. abide by and forthwith comply with any decision or award of such Board of Arbitration upon any such claim or controversy so submitted, the Distributor may, at its option, demand, for its protection and as security for the performance by the Exhibitor of this and all other existing contracts between the parties hereto, payment by the Exhibitor of an additional sum not exceeding $500 under each existing contract, such sum to be retained by the Distributor until the complete performance of all such contracts and then applied, at the option of the Distributor, against any sums finally due or against any damages determined by said Board of Arbitration to be due to the Distributor, the bal In the event that the Distributor shall fail ance, if any to be returned to the Exhibitor; and in the event of the Exhibitors's failure to pay such additional sum within seven (7) days after demand, the Distributor may by written notice to the Exhibitor suspend service hereunder until said sura shall be paid and/or terminate this contract, or refuse to consent to the submission to arbitration of any claim or controversy arising under this or any other Standard Exhibition Contract providing for arbitration which the Distributor may have with the Exhibitor, or to abide by and forthwith comply with any decision or award of such Board of Arbitration upon any such claim or controversy so submitted, within the number of days specified in Article Twenty-Second opposite the name of the City in which such Board of Arbitration is located, the Exhibitor may at his option terminate this and any other existing contract between the Exhibitor and the Distributor by mailing notice by registered mail within two (2) weeks after such failure or refusal, and in addition the Distributor shall not be entitled to redress from such Board of Arbitration upon any claim or claims against any exhibitor until the Distributor shall have complied with such decision, and in the meanwhile the provisions of the first paragraph of this Article Eighteenth shall not apply to any such claim or claims. Any such termination by either party, however, shall be without prejudice to any other right or remedy which the party so terminating may have by reason of any such breach of contract by the other party. The provisions of this contract relating to arbitration shall be construed according to the law of the State of New York. Nineteenth: This Contract is complete and no promises or representations have been made by either party to the other except as set forth heretic. Twentieth: If the license herein granted shall apply to an entire group of photoplays offered by the Distributor to the Exhibitor at one time, and not otherwise, the Exhibitor shall have the right to exclude from this contract up to but not exceeding ten percent of the total number of such photoplays, but only if the Exhibitor shall give the Distributor written notice to such effect at any time not later than fourteen (14) days before the date fixed for the exhibition of any such photoplay is available for exhibition hereunder, and if at the same time the Exhibitor shall pay to the Distributor one-half of the license fee payable in respect of any such photoplay. In computing such ten percent, fractions of less than one-half shall be disregarded. If any such photoplay shall, Decause of such exclusion, be thereafter licenced by the Distributor for the same run as that specified in this contract, for exhibition at another theater where such excluded photoplay would not have been exhibited if not so excluded; then one-half of the license fee (up to but not exceeding the amount paid by the Exhibitor to the Distributor as a condition of so excluding such photoplay) received by the Distributor for such re-license, shall be creaited to the Exhibitor by tht Distributor. If tne license fee for any such photoplay so excluded is to be computed either in whole or in part upon a percentage ^f gross receipts of the Exhibitor's theater, then for the purpose of computing such one-half of such license fee payable hereunder in respect of such photoplay, such gross receipts for each iay that any such photoplay is licensed here under for exhibition thereat shall be deemed to be the average daily gross receipts of such theater during the period of thirty (30) operating days immediately prior to such date 01 availability of such photoplay. Twenty-First: If the Exhibitor shall claim that the exhibition at the theater herein after specified of any photoplay licensed hereunder will be offensive to the public in the place where such theater is located because of racial or religious subject matter, and if the Exhibitor shall give written notice to the Distributor of such claim within a reasonable time prior to the date fixed for the Exhibition thereof hereunder such claim shall be immediately submitted to the Board of Arbitration herein specified If such Board of Arbitration shall specifically determine that the exhibition of such photoplay at such theater will be offensive to said public because of racial or religious subject matter, then such photoplay shall be excepted from this contract and -not otherwise. The Distributor may exhibit or license the exhibition of any photoplay so excepted when and where desired by the Distributor free from all claims of the Exhibitor. If the Distributor shall be of the opinion that any photoplay licensed hereunder will be offensive because of racial or religious subject matter, to the public in the place where the Exhibitors theater is located, the Distributor shall have the right to except and exclude such photoplay from this contract, upon condition that such photoplay shall not thereafter be licensed for exhibition in such place unless such racial or religious subject matter is eliminated therefrom in which case such photoplay shall again be deemed licensed hereunder. Twenty-Seconu: This instrument shall be deemed an application for a license under copyright only and shall not become binding until accepted in writing without alteration or change by an officer of or any person duly authorized by the Distributor and notice of acceptance sent to the Exhibitor as herein provided. The deposit by the Distributor of any check or other consideration given by the Exhibitor at the time of application as payment on account of any sums payable hereunder or the delivery of a print of any of the photoplays or the furnishing of any advertising accessories shall not be deemed an acceptance hereof by the Distributor. Unless notice of acceptance of this application by the Distributor is sent to the Exhibitor by mail or telegraph within the number of days after the date thereof hereinafter specified (immediately following the name of the city wherein is situated the exchange of the Distributor from which the Exhibitor is served, or if such city is not hereinafter named then within the number of days specified immediately following the city hereinafter named nearest thereto) said application shall be deemed withdrawn and the Distributor shall forthwith return any sums paid on account thereof by the Exhibitor. Albany 10; Atlanta 20; Boston 10; Buffalo 10; Charleston ll; Charlotte IS; Chicago 15; Cincinnati 20; Cleveland 15; Dallas 30; Denver 20; Des Moines 15; Detroit IS; Indianapolis IS; Jacksonville 15; Kansas City IS; Los Angeles 25; Little Rock 15; Louisville 15; Memphis 20; Milwaukee 15; Northern New Jersey 7; Minneapolis 20; Butte 30; New Haven 10; New Orleans 15; New York City 7; Oklahoriia City 20; Omaha 20; Peoria 15; Philadelphia 10; Pittsburgh 14; Portland, Ore., 30; St. Louis 15; Salt Lake City 30; San Francisco 20; Seattle 30; Washington, D. C, 14. This application and any application for other photoplays of the Distributor executed by the Exhibitor at the same time shall, for the purpose of this Article only, be deemed one application unless an agreement to the contrary contained in the Schedule is specifically signed by the Exhibitor. A copy of this application, signed by the Exhibitor, shall be left with the Exhibitor at the time of signing, and in the event of acceptance thereof as above provided, a dupli I «