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

March 24, 1923. THE FILM RENTER & MOVING PICTURE NEWS. II ADOPTION OF “FAIR CLAUSES ” CONTRACT—Continued. indirect charge, especially as the ccst of carriage will be materially diminished by the use by Renters of facilities such as are offered by Film Clearing Houses, Ltd. This Clause does not compel a Renter to use these depots if he does not want to. It only affects the distance for which carriage is to be paid. Renters are determined not to give way on the question of carriage, and it is only a reasonalle compromise such as we suggest that has a chance of succeeding. 17._No claim shall in any case be made by the Exhibitor, nor shall the Renter be under any liability to the Exhibitor in the event of the said film being found unfit for exhibition or in the case of its non-arrival or late arrival, unless the Exhibitor shall report such non-arrival or late arrival or defect to the Renter by letter, telephone or telegram addressed to the Renter within six hours after showing such film or within six hours after the time at which the film ought to have been received by the Exhibitor. In the absence of such claim the film shall be deemed to have been received by the Exhibitor in due time, suitable in all respects for exhibition, and in this respect time shall be of the essence of the contract. No claim shall in any case be made by the Renter, nor shall the Exhibitor be under any liability to the Renter for any damage done to a film, damage by fire excepted, unless the Renter shall notify such damage by letter, telephone, or telegram addressed to the Exhibitor within six hours of the film being returned to him or to his branch depot, if such film is returned between the hours of 9 a.m. and 6 p.m. If such film be not returned within {he aforesaid hours notice shall be addressed by the Renter to the hirer by letter, telephone or telegram before the next 3 o'clock in the afternoon (Sundays excepted). Provided that where notice of damage is given under the preceding section of this Clause by an Exhibitor who has received the film direct from another Exhibitor notice of damage shall be addressed by the Renter as aforesaid to the previous Exhibitor within six hours of receipt of such communication, and in this respect time shall be of the essence of the Contract. In the absence of such claim the film shall be deemed to have been received by the Renter in due time and suitable in all respects for subsequent exhibition. NotE.—We propose, as the telephone is universally used, to give notice to Renters to include it in the Contract. The new Clause simply makes conditions the same for the Renter, on the principle of what is good for the Exhibitor 1s good for the Renter. 18.—All matters in difference arising under or out of or in connection with this Agreement shall be referred to two Arbitrators, one to be an Exhibitor and the other a Renter, and an independent umpire according and subject to the, provisions of the Arbitration Act, 1889, if the theatre mentioned in Column 8 is in England or Wales, and the Arbitration (Scotland) Act, 1894, if the theatre is in Scotland, 19.—The Exhibitor shall not (subject to Clause 4 hereof) postpone the date of exhibition of any film hereby agreed to be hired, unless the Renter shall consent in writing, in which event another date may be fixed by the Renter, provided that in such case the hiring fee of such film shall be paid on the day on which it would have become payable had there been no postponement. The Renter shall in such a case be under no liability in damages or otherwise in the event of the postponed date resulting in the Exhibitor showing the film for a run subsequent to that originally contracted for nor for any deterioration in the condition of the film occurring after such postponement. 20.—If either party shall grant to the other any time or indulgence, the same shall not affect or prejudice such party’s rights under this Agreement, except for claims under Clause 17 hereof. 21.—Three days shall constitute the period of a run, but nothing in this contract shall prevent a Renter from granting to the same Exhibitor an extension of a first run to follow immediately after {he termination of a run provided that such extension of a run shall not extend to the commencing date of exhibition of a subsequent Exhibitor of the same film in the same town specified in Column 9 of the Schedule. Provided further that the price of hire specified in Column 2 of the Schedule to the Exhibitor of a second run shall be diminished by such sum as may be agreed between Renter and Exhibitor not exceeding 50 per cent. of the amount stated in Column 2 except when such extension of a run has been specified in Column 12 of the Schedule. Notr.—We have endeavoured to Suggest a suitable compromise on a difficult point. Considerable friction arises owing to lack of definition of a run. The understood basis for booking a second run is that the Exhibitor will receive the film after it has been shown for three days in his town, and the price of hire is agreed and accepted on that understanding. Renters consider themselves at liberty to extend a first run indefinitely, and the value of the film to the second run Exhibitor is thereby seriously lessencd. We do not suggest restricting Renters from extending such runs, but propose, where an extension is made alter the second run has been booked, that the price should be halved. The Renter has no cause to complain, as he has received further hire at a first run price, and common honesty demands that the second run should receive a fair deal and that the price should be diminished accordingly. We do not suggest that this reduction should be followed beyond the second run, as third run prices are not so dependent upon previous showings. When an extension of a first run or a concurrent first run has been authorised before a second run Exhibitor is asked to book, and it is stated on the Contract, this compromise will not operate, and the second run Exhibitor will book in the usual way, because he knows in such a case how much of his publie would have seen the film. 22.—If any film mentioned in the Schedule purchased or con tracted to be purchased or commenced to be produced on and after the first day of March, 1920, shall not pass the British Board of Film Censors, this Contract shall be void as to such film. ‘ 25.—Should either party fail to observe and perform the conditions and stipulations herein contained or any of them, then, and in such case, the other party shall have the option of determining the whole Agreement without regard to the fact that such Agreement refers to other films to be delivered at future dates, but without prejudice to either party’s rights under the terms hereof. 24.—In this Agreement, unless the context otherwise requires, ‘‘films’’ includes films or a film and any one episoda or any one chapter in any ‘‘succession of films’’ constituting a ‘‘serial or series,’ and the singular shall include the plural and the masculine include the feminine, or in the case of a company,. the neuter ‘theatre’ includes theatre, hall, assembly room, house, or any other place of entertainment, public or private, used or intended tor the performance or exhibition of the film ‘‘ Exhibitor’’ includes any assign of the Exhibitor duly approved in writing by the Renter which appreval shall not be unreasonably withheld * Renter” includes any manager or agent or agents duly guthorised in writing. ““Release date’? means the date first announced by the Renter on and after which the film may be exhibited by exhibitors in the respective territories to members of the public paying for admission. The expression ‘‘ subject to the terms and conditions of ‘Fair Clauses’ contract of the C.K.A." shall be deemed to include in any contract each and all of the foregoing terms and conditions, which shall prevail over any other repugnant terms and conditions included in the same contract. ‘Approximate Length” shall include any number of feet of not less than 90 per cent. or more than 10 per cent. of the number specified in Column 6. 29.—This Contract is signed in duplicate, one copy by the Exhibitor and one copy by the Renter, It should be signed simultaneously but if not so signed the Renter shall deliver the copy signed by him to the Exhibitor in exchange for the copy signed by the Exhibitor, so that the two sioned copies shall be exchanged simultaneously. B Wane Vc ras (RISE BRE , NoTE.—We have suggested a means whereby Contracts can be simultaneously siened as the ideal, which we hope will soon become universal in this trade. As the ideal may not be attainable, we have sugvested an alternative compromise, The Hxhibitor’s standpoint is that when he signs a Contract he expects to receive the film. A steady stream of cases is reported during the year where travellers have called and offered a film at a price which has been accepted without bargaining, the Exhibitor has filled up a Contract Form and never heard any more. In the meantime he has assumed that as there was no discussion that his Contract would be accepted, and has completed his books. Some Renters have not even the courtesy to write and inform the Exhibitor that his Contract is not accepted. Another objectionable practice that needs eliminating is for a traveller to offer a number of films, and the Exhibitor agrees certain prices, and pays more for some films than they are worth because the traveller assures’ him that he ean have some films that he wants at a reasonable price, or, in other words, he pays an average price on the assumption that he is receiving the whole