The Film Renter and Moving Picture News (Mar-Apr 1923)

10 THE FILM RENTER & MOVING PICTURE NEWS. March 24, 1923. ADOPTION OF “FAIR CLAUSES ? CONTRACT—Continued. capacity to fulfil only are entered into. If bookings are in this way put on a better basis, Renters will have no cause to complain, because they will receive payments for their Contracts in place of the uncertain and substantial amounts they have at present to allow for bad debts. 3,.—Subject to the terms of Clauses 4, 5, and 6 hereof, if either party shall be unable from any cause other than his own act neglect or default to carry out his part of the Agreement in respect of any one or more films included herein on the date and for the period specified in the Schedule then and in such case no fee shall be payable for sums charged in respect of any such films booked for exhibition during such period. All posters relating to such films not used shall be returned by the Exhibitor who shall be credited for same in full. 4.—If the said theatre on the date when the said film is due for exhibition is in the course of erection or alteration and is not complete and ready for opening then and in such case only 50 per cent, of the hiring fee payable under Column 2 of the Schedule hereto shall be payable, and the Exhibicor shall have the option of arranging other dates for the exhibition of any such film on payment of any balance due thereon after being credited with the 50 per cent. paid as aforesaid. 5.—If the theatre or any part thereof shall be so damaged by fire, explosion or other unforeseen act so as to be unfit for use, and the Exhibitor has proceeded with reasonable diligence to restore the theatre then and until such theatre shall be rendered fit again for use this Agreement as regards any films due for delivery during such period shall be null and void unless a new date can be agreed upon between the parties. 6.—If the theatre/s mentioned in Column 6 of the Schedule shall not be in the possession and occupation of the Exhibitor at the date specified in Column 4 for the exhibition, the hiring at that theatre shall be cancelled provided not less than 15 weeks’ notice in writing has been given by or on behalf of the Exhibitor to the Renter. Norr.—This clause follows a satisfactory solution adopted in the Award Contract for variety halls, and will undoubtedly avoid the present unsatisfactory discussions which so often ensue on a change of proprietorship. 7.—The Renter shall not permit the exhibition of the film at the theatre specified in Column 10 of the Schedule until ten clear days after the date or dates specified for the commencement of the exhibition of the film under this Agreement nor to any other place or building within the barring area of the said theatre which may be opened or used for the exhibition of films after the signing hereof subject nevertheless to the provisions of Clause 18 hereof and Column 11 of the Schedule. The Renter shall be under no liability whatsoever to the Exhibitor by reason of any exhibition of any film not contracted for with the Renter direct by the user. 8.—The Renter will not permit or allow any film mentioned in the Schedule to be shown by any travelling kinema of any kind or description in the town mentioned in Column 9 of the Schedule prior to the date of exibition hereof under this Contract without previously obtaining the consent of the Exhibitor in writing. 9.—The Exhibitor hereby agrees and undertakes with the Renter that during the hiring constituted by this Agreement : (a) The film shall be kept and maintained in the same condition as when received (reasonable wear and tear—other than damage by fire—excepted) and no defacement, alteration, curtailment, addition, copy or duplication shall be made or caused to be allowed to be done or made thereto or any part thereof without the previous consent in writing of the Renter. (6) The film shall be kept in the possession and custody of the Exhibitor free from distress, execution or other legal process, and shall not on any account be sold, assigned, mortgaged, sublet or dealt with or the possession parted with without the previous written consent of the Renter. (c) The film shall be used for the purpose only of exhibition or display at the theatre, and in the town as specified in the eight and ninth columns respectively of the Schedule, and for the period specified in the third and fourth columns. (2) The Exhibitor shall exhibit and keep visible the main title sub-title leads or ends thereof stating that it is the property of Ee Renter or any name-plate, mark or number indicated on the m. 10.—The Renter shall deliver to the carrier or to the Exhibitor’s accredited representative if he usually calls for delivery the said film properly packed and in good order and condition and fit for exhibition within such time as will ensure the arrival for the first exhibition, and if not (when so delivered) in good order and condition, or in time for such first exhibition, the Exhibitor shall be entitled to cancel the Contract for that film without prejudice to any claim he may have for any cost or expenses incurred in obtaining another film in substitution therefor. +. 11.—The Renter shall be deemed -to have made a due delivery of. the said film to the Exhibitor if and when such film is tendered © by the Renter or his Agent or any person firm or corporation in. Great Britain or Ireland instructed by him to the accredited representative of the Exhibitor or to a railway company or other carrier for dispatch to the Exhibitor in time to reach him not later than the time specified in Column 14 of the Schedule. _ 12.—The Exhibitor shall within a reasonable time after the final exhibition of the film on the last day of the hire period or upon ° the earlier determination of this Agreement, deliver the film to the Renter or cause the film to be delivered to a carrier for dispatch to the Renter, or at the option of the Renter, and if so required by the Renter in writing, subject to Clause 16 hereof, shall deliver it or cause it to be delivered to a carrier for’ dispatch‘to any branch or agency of the Renter or to any particular person, firm or corporation in Great Britain or Ireland and thereupon the liability of the Exhibitor for such deiivery shall end. — 13.—In the event of the loss, damage, non-delivery delay or detention of the film the Renter shall credit the Exhibitor wit t'> pro rata hiring fee of the film for each complete day of the hur. period for which the Exhibitor is thereby deprived of the use of the film or at the option of the Exhibitor such reasonable sum as the Exhibitor has had to pay for the hiring of some other film in substitution for the film not so delivered together with the actual expenses incurred by the Exhibitor and such credit shall be accepted by the Exhibitor in full satisfaction of all loss and damage suffered by him in consequence of such loss, damage, delay, nondelivery or detention, and as liquidated damages in respect thereof. The withholding of payment by the Exhibitor under this clause pending settlement of any claim by the Exhibitor against the Renter shall not constitute a breach of this Agreement entitling the Renter to sue for a liquidated sum under Clause 2. 14.—The Exhibitor in the event of his only being entitled toa second or subsequent run of the said film in the town mentioned in Column 9 of the Schedule shall only advertise the film upon his screen or program or in any booklet prior to the expiration of the prior exhibition rights specified in Column 7 of the Schedule, but not otherwise and in all such advertisements, announcements or programs the date of the exhibition of the film shall be exhibited or printed immediately following and in similar size of type as the title of the film so advertised or announced. | 15.—The Renter shall not permit and (on receipt of notice thereof) will forthwith take immediate steps to prevent any Exhibitor entitled to second or subsequent exhibition rights in the said film or films from making any announcements or referring thereto other than by his screen or program or booklet until after the date of the expiration of prior exhibition rights specified in Column 7 of the Schedule. Notr.—We have endeavoured to solve simply a point of dispute among exhibitors. We think most of the trouble is really due to advertising as ‘‘ Coming Attractions ”’ films ol special attraction by a second run man in order to neutralise the advertising of the first run man. In one ease of ‘ The Kid "’ the second run exhibitor was advertising ‘‘ Coming Shortly ” while the first run was being shown, and the picture was not shown for seven months. We think that if the words ‘Coming Attractions’? or ‘‘ Coming Shortly ’’ are more accurately defined by prominent insertion of the date showing no one can complain, least of all the public, which is sometimes annoyed by these tactics. 16.—The Exhibitor shail pay carriage at ordinary rates both to and from the Renter’s office in the territory, or the equivalent thereof, or to and from a licensed depdt providing facilities for receipt and dispatch of films or the equivalent thereof, whichever is the nearer, if films are at Renter’s request transferred to or sent from another address. For purposes of this Agreement any such licensed depot shall be deemed to be a depdt of the Renter. Notn.—On the subject of carriage there is considerable feel ing among some Exhibitors, but it mainly affects kinemas in sparsely populated centres, and becomes acute in counties such as Somerset, which some Renters claim to be in London territory, and charge carriage to and from London, which undoubtedly is a great hardship. Some Renters urge that they cannot set up depdts for handling films owing to expense of complying with legislative requirements, which has been a reasonuble argument until recently. | Film Clearing Houses, Ltd., is now prepared to offer these facilities, and the argument is no longer reasonable. The Renter says if carriage is not charged direct he will _ make it an indirect charge and increase the price of films, so the Exhibitor may on reconsideration prefer a direct to aD