The Moving picture world (January 1926-February 1926)

February 20, 1926 MOVing PiCtUVe WoHd 701 Standard Exhibition Contract ■iiiiiiiiiiiiiiu nil iiiiiiiiiii mill iiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiii iiiiiiiiii iiii iiiiiiii iiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiifi I I iiiiiniiiiii mill mniiiii i nm iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii tributor or fails to forward or delays forwarding(as directed by the Distributor) any such print to any other Exhibitor the Exhibitor agrees in addition to paying the Distributor the damage, if any, so caused the Distributor to pay to such other Exhibitor the damage, if any, so caused such other Exhibitor as shall be determined by Arbitration as provided for in Article Twentieth hereof. In case the Exhibitor shall be damaged by reason of the failure or delay of any other Exhibitor in returning any print to the Distributor or in forwarding (as directed by the Distributor) any such print to the Exhibitor the Exhibitor agrees to assert such claim for damages only against such other Exhibitor and that such claim and the damage, if any, shall be determined by Arbitration provided for as aforesaid. LOSS AND DAMAGE] TO PRINTS. Eleventh; The Exhibitor shall pay to the Distributor the sum of four (4) cents for each linear foot of any positive print lost, stolen or destroyed or injured in any way in the interval between the delivery thereof by the Distributor and the return thereof by the Exhibitor in full settlement of all claims for such loss, theft, destruction or injury. If any such positive print or any part thereof is colored, then for any such print or part thereof the Exhibitor shall pay to the Distributor the laboratory cost thereof instead of four (4) cents per linear foot. (Laboratory Invoice for such colored print or part thereof shall be concUisive of such laboratory cast upon the parties hereto). Such payment, liowever, shall not transfer title to or any interest in such positive prints to the Exhibitor or any other party, nor release the Exhibitor from liability arising out of any breach of this agreement. The Distributor shall repay or credit to the Exhibitor any sums paid by the latter for lost or stolen prints, excepting new reels, upon their return to the Distributor within sixty (60) days after the date when the same should have been returned hereunder. The Exhibitor shall immediately notify the Distributor's exchange by telegram of the loss, theft or destruction of or damage or injury to any positive print. If any print shall be received from the Exhibitor by the Distributor or any subsequent Exhibitor in a damaged or partially destroyed condition it shall be deemed to have been so damaged or destroyed by the Exhibitor unless the latter, on the day of receipt of such print and prior to the second public showing thereof, shall have telegraphed the Distributor's exchange that such print was received by him in a damaged or partially destroyed condition, and setting forth fully the nature of such damage and the amount of footage so damaged or destroyed. TITLES OF PHOTO PLAYS I REISSUES. Twelfth: The Distributor reserves the right to change the title of any of the p'hotoplays specified In the said schedule but shall not substitute any other photoplay therefor without the consent of the Exhibitor; and warrants that none of such photoplays are reissues from old negatives or are old negatives renamed excepting those specifically set forth as such In the said schedule. ASSIGNMENT AND SALE OF THEATRE. Thirteenth; The contract shall not be assigned by either party without the written acceptance of the assignee and the written consent of the other party; provided, that if the Exhibitor sells or disposes of his interest in the theatre above specified, he may assign this contract to the purchaser of such interest without the written consent of the Distributor and such assignment shall 'become effective upon the written acceptance thereof by the assignee, such assignment, however, not to relieve the Exhibitor of his liability hereunder, unless the Distributor consents in writing to release the Exhibitor from such liability. EXHIBITION AND ADVERTISING. Fourteenth; The Exhibitor agrees to run photoplays as delivered without alteration, except with the written or telegraphic approval of the Distributor, subject to requirements of competent public authorities necessitating any change. The Exhibitor also agrees to ajvertise and announce each photoplay as a " ." In all newspaper advertising and publicity relating to said photoplays issued by the Exhibitor, the Exhibitor shall adhere to the form of announcement contained In the advertising matter Issued by the Distributor. All advertising accessories used by the Exhibitor in connection with the exhibition of said photoplays must be leased from or through the Distributor and must not be sold, leased or given away by the Exhibitor. Unless this contract expressly provides tor the "first run" in the City or Town wherein the theatre hereinabove specified is located, the Exhibitor agrees not to advertise any of the photoplays herein provided for by means of lithographs, slides, trailers, lobby displays, newspaper announcements, advertising or otherwise prior to, and until after the completion of, the exhibition of such photoplay by any other Exhibitor having the right to the 'first run" thereofin said City or Town. The Distributor shall not in any wise be liable for any breach of the provisions of the immediately preceding paragraph contained in any other Standard Exhibition Contract with any other Exhibitor. WARRANTY AS TO ADVERTISING. Fifteenth; The Distributor warrants that the photoplays herein provided for will not contain any advertising matter for which compensation is received. TAXES. Sixteenth; The Exhibitor agrees to pay to the Distributor upon demand any tax, fee or other like charge now and/or hereaftfer imposed or based upon the delivery and/or the exhibition of positive prints of the photoplays and/or upon the sums payable under this contract by the Exhibitor to the Distributor. If under any statute or ordinance any such tax, fee or other like charge is or shall be payable or paid by the Distributor and the exact amount payable hereunder by the Exhibitor. Is not therein definitely fixed or cannot be exactly determined then the Exhibitor agrees to pay such part of any such tax, fee or other like charge, paid or payable by the Distributor as shall be fixed in the manner piiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiw^ j Contract Summary | I on Page 697 | I The additions, a m e n t | I ments and revisions which | I were made on the old con | I tract, and which are em | I bodied in this new form of | I Standard Exhibition Con | I tract will be found in sum | I marized form on page 697 | I of this issue. | I THE EDITOR | iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiH^ determined by the then President of the Arbitration Society of America. MINIMUM ADMISSION CHARGE. Seventeenth: The Exhibitor warrants and agrees that during the period each of the photoplays herein provided for shall be exhibited in said theatre the Exhibitor will charge for admission to said theatre an actual admission fee which shall not be less than ten cents, unless a greater minimum admission charge is herein elsewhere specified, for each exhibition; and that such photoplays shall not be exhibited unless such admission fee Is charged. DELAY IN OR PREVENTION OF PERFORM AN CE. Eighteenth: In case the Exhibitor shall be delayed in or prevented from the performance of this Contract with respect to any of the photoplays herein specified by reason of censor rulings, the elements, accidents, strikes, fire. Insurrection, acts of God, the public enemy, public calamnity or order of any Court of competent jurisdiction, then such delay or failure of performance with respect, to such photoplay shall be excused and all claims or causes of action for damages therefor, or arising therefrom, are hereby expressly waived by the Distributor. In any such event, the time of the Exhibitor to perform this Contract with respect to any such photoplay shall be extended for a period equal to the time of such delay, unless performance thereof because of the happening of any such cause or contingency is rendered impossible, in which case performance by the Exhibitor with respect to any such photoplay shall 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 exhibition hereunder of whicli has been so delayed or prevented, by sending within ten (10) days after the expiration 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 elemens, accidents, strikes, fire, insurrection, acts of God, the public enemy, public calamity. Court orders, censor rulings, delays of any common carrier, delays in production or failure of the producers of any of such photoplays to make or deliver them to the Distributor or of any star or other performer to appear therein in time for delivery, as herein provided, or the failure or delay of any prior Exhibitor in returning any positive print to the Distributor or in forwarding any positive print to a subsequent Exhibitor, 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, unless performance because of the happening of any such cause of contingency Is rendered impossible, in which case performance by the Distributor with respect to any 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 the same force and effect