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RAINIER THEATER 60 1
parable to that of average good feature pictures. The annual output of Tiffany Productions, Incorporated, had comprised about 20 feature pictures and several short subjects. Recently the company had announced a greatly improved type of product. The 1929-1930 program called for 26 first-class features and 26 short subjects, the total budget for which was reported to be in excess of $10,000,000. All pictures were to be synchronized on RCA Photophone equipment.
The manager of the Rainier Theater considered these changes as indicative of the company's future plans. He realized, however, that the pictures offered by all motion picture companies had varied rather widely in character and in quality from year to year. It was, therefore, difficult to predict with assurance the box office value of any producer's pictures for five years in advance, particularly when the industry was in a stage of rapid development. In his opinion this might prove a valid objection to any form of long-term agreement, including the Allied States Franchise.
The franchise agreement as presented to the Rainier Theater embodied several departures from the regularly used exhibiton contracts. Some of these changes were unimportant. Others, however, were particularly significant. The manager, therefore, undertook to analyze them and to determine whether the contract was equitable.
The following excerpts taken from the text of the Allied States Franchise Agreement are substantially as worded in the contract.
1. The distributor hereby grants to the exhibitor and the latter accepts for exhibition all sound motion pictures, excluding newsreels, up to a maximum of 52 feature pictures and 52 short subjects generally released by the distributor, during the year August 15, 1929, to August 15, 1930, and during the 4 succeeding years. If less than 26 feature pictures are generally released by the distributor in any such year the exhibitor has the right to cancel the franchise on 60 days' notice.
2. The exhibitor shall pay for each of such motion pictures generally released during the first year hereinabove provided, the sum indicated in the schedule hereof; for each of such feature motion pictures generally released during the subsequent years hereinabove provided, the number of dollars as shown in the schedule hereof for each $100,000 of exhibition value of said feature picture; and for each of such short subjects generally released during the subsequent years as hereinabove provided, the number of dollars as shown in the schedule for each $10,000 of exhibition value of said short subjects.