Variety (February 1923)

Thursday, February 8, 1§23 • PICTURES «■■■»■■ n»i PHILLY'S BIG GROSSES AND SOME CHANGES "Fury" Did Sensationally Last Week—Palace Given a First'Run Philadelphia, Feb. 7. Big business In the downtown film houses was reported despite some of the worst and most changeable weather of the winter. The feature of last week was the sensational turnaways at the Karl- ton for "Fury." This film was. booked In at this house instead of the Stanley, where most of Barthel- mess' features have shown of late, in order to get a quick booking, it is said. At any rate, it is hardly like- ly that the Stanley will let slip any more of the Barthelmess series, At the Karlton. which, although splendidly located, has beep doing business that ranged from spotty to mediocre, "Fury" did the biggest business of-any picture this season. It 48 reported the gross was in the neighborhood of $10,500, which for a 1,100-seater, 50 top, is considered big here. "Robin Hood" opened to the ex- pected jam Saturday after a big advertising campaign. Indications are that it will gross around $20,000 this week. The scale is the same as ever—35-50 in the daytime am} 60- 75 at night. Lines formed both last Saturday and again Monday morn- ing, which for a Philly film house In the last two years*is an unusual occurrence. The notices were ex- travagant in praise. It was first ■aid that five weeks would hold this feature, but now six is set, with an agreement which can keep it in indefinitely if business warrants. it is said that the Stanley-Fox company agreement for the running of a Fox film every so often at this house is now off. • This is borne out by the placing of "The Town That God Forgot" at the Karlton next week for a single run. The combination of Victor Her- . bert, directing the orchestra, and Gloria Swanson's new film, "My American Wife," brought his busi- ness to the Stanley for its anni- versary last veek. It was freely claimed that Herbert drew the crowd, as the Swanson pictures have shown a tendency to mildly flop here of late. - Beginning this week* and for a number of weeks to come the Stan- ley is running films without big names attached. The result is being watched, as the house has usually ■tuck to Reld, the Talmadges, Chap, lin, Betty Compson, Elsie Ferguson and one or two others. This week's attraction is "The Hottentot" rather • off at its opening Monday. It will be followed next week by "The World's Applause" and then "Quincy Adams Sawyer," the first Metro at the Stanley in a long time. The Aldine did a fairly good busi- ness last week, but is expected to crowd them in thts week. Judging by Monday's start. Last week's feat- ure was "Thorns and Orange Blos- soms," and It attracted some mati- nee business, but was off in the evenings. Griffith's "One Exciting Night" dropped with a thud at the Stanton in its last five days. It had evi- dently exhausted its. patronage in its fourth week and was submerged in the splurge on "Robin Hood'* last week. Some rather unusual bookings this week. "Dr. Jack," a big money- maker ft the Stanley, is at both the Karlton and Victoria—an elite and a drop-in house. On the other hand, the Palace, usually a second-run theatre, has "Dark Secrete" first time here. A rather husky advertis- ing campaign, linking up thia film with Dr. Coue, has been used in the dailies, in itself unusual, as the Palace seldom splurges. Estimates for last week: Stanley—"My American Wife"' (Paramount). House celebrating second anniversary, with Victor Herbert conducting orchestra. Busi. ness good-^around $24,000. (Ca- pacity, 4,000; scale, 50-75 evenings.) Aldine — "Thorns and Orange Blossoms'' (Preferred). Good mati- nee draw, but didn't seem to inter- est men. Gross fair—around $7,500. (Capacity, 1,500; .50.) Stanton—"One Exciting Night" (United Artists). Played first five days, with "Robin Hood" opening Saturday. Demand for Griffith thriller showed early in week It had spent itself; gross only about $9,000 for fifth week. (Capacity, 1,700; 50-75 evenings.) Karlton—"Fury" (First National). One of biggest money-makers house has had in 18 months' existerfce; gross said to be between $10,000 and $11,000. (Capacity, 1,100; 50 scale.) POLICE FAVOR DRUG FHM KanniiH City, Feb. 7. Chief of i olice A. Vassar is in receipt of a letter from Loi: oaks, police chief of Los Angeles, asking endorsement of the picture lani ' by Dorothy Davenport Re! 1, depict- '• i the evils of the I rootle habit. It is understood the Lo Angeles official is asking the police chiefs in all the •:. . .il cities to en<l '" r * . i -i ductioi Thief r sent a lelegram wi'h his endorsement. N Iv« i >4| ! i> 45 UNIFORM EXHIBITION CONTRACT. Agreement, mad* in triplicate tkl* **. of It , between * corporation (hereinafter called "tko Distributor"), party of the first part, and aa exhibitor operating the Theatre, No £tr««t. City State (hereinafter called "the Exhibitor") party of the second part, Witnooaoth: That in consideration of the mutual covenants herein contained and of the payment on account herein provided for, the parties hereto agree as follows: First: The Distributor hereby grants to the Exhibitor, and the latter accepts, a license under copyright, subject to the terms and conditions hereinafter stated, to exhibit, during the year commencing 19 , each* of the copyrighted photoplays hereinafter desig- nated as more particularly described and identified in the schedule herein contained (or copyrighted photoplays starring ) at the above- named theatre only, for the number of successive days hereinafter specified; The Exhibitor agrees to pay for such license as to ^aoh of such photoplays the sums hereinafter specified, at least three *($) days In advance of the date of shipment from the Distributor's exchange or the last Drevious Exhibitor of the positive print of such photoplay in time for fJbchibltion in the Exhibitor's theatre on the first exhibition date of such photoplay, hereinafter set forth or determined as hereinafter provided. Such license shall be specifically for the exhibition of such photoplays at said theatre on said exhibition dates and for no .other purpose. • • If any of said photoplays shall be released by the Distributor after the period above specified,•the Distributor shall be obliged to deliver such photoplays to the Exhibitor hereunder as though released within said period; and the Exhibitor agrees to accept, pay for and exhibit them at such later period pursuant to the terms hereof. Second: The Exhibitor agrees to return each positive print received by the Exhibitor hereunder, with any appurtenances furnished for tempo- rary use, to the exchange of the Distributor from which* the Exhibitor is served (herein termed "the Distributor's exchange"), or as otherwise directed by the- Distributor, immediately after the last exhibition of such -positive print permitted hereunder, in the same condition as when re- ceived by the Exhibitor, reasonable wear and tear due to the proper use thereof excepted. The Exhibitor agrees to pay all costs of transporta- tion of such positive prints and appurtenances from the Distributor's exchange or the last previous exhibitor of any such positive print (as the case may be) and back to the Distributors exchange; or if directed by the Distributor, to ship positive prints elsewhere than to the Distributor's exchange transportation charges collect. It is understood that the de- livery of a positive print properly directed and packed in the container furnished by the Distributor therefore* to a carrier designated or used by the Distributor, and proper receipt therefor obtained by the Exhibitor, shall constitute the return of such positive print by the Exhibitor. ■ Third*- The Exhibitor shall pay to the Distributor the sum of six cents (6e) for each lineal foot of any positive print lost stolen or de- " stroyed or Injured in any way in the interval between the'.delivery thereof to the Exhibitor and the return thereof by the Exhibitor in full settlement of all claims for such loss, theft, destruction or injury. .Such payment, however, 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 otker breach of this agreement. The Dis- tributor shall repay or credit to the Exhibitor any sums paid by the latter for lost or stolen prints upon their return to the Distributor within thirty (30) days after the dat when the same should have been returned hereunder. The Exhibitor shall immediately notify the Distributor's exchange by telegram of the loss, theft, destruction or injury of any positive print. If any print shall be received from the Exhibitor by the Distributor or any subsequent exhibitor in a damaged or partially de- stroyed condition it shall be deemed to have been so damaged or de- stroyed by the Exhibitor unless the latter, on the day of receipt of such print, shall have wired the Distributor's exchange that such print was received by him in a damaged or partially destroyed condition and set- ting forth fully the nature of such damage and the* amount of footage so damaged or destroyed. Fourth: The Exhibitor agrees to exhibit said photoplays only at the theatre above specified on the date or dates above set forth or determined as hereinafter, provided. The Exhibitor will not allow any positive print to leave the Exhibitor's possession during the period specified for the exhibition thereof by the Exhibitor, and will not exhibit or permit the exhibition of any such positive print at any other time or place than those herein specified or determined as herein provided. Fifth: The Distributor agrees to deliver to a common carrier or other agent of the Exhibitor a positive print of each of the above photoplays In time for exhibition at the Exhibitor's theatre on the dates above specified or determined as hereinafter provided, but the Distributor shall not be liable for any failure or delay in making deliveries resulting from the elements, accidents, strikes, fires, court orders, censor rulings, de- lays of any common carrier, failure of the Producers of any of such photoplays, to make or deliver them to the Distributor, or any of the above-named stars or.other performers to sppear therein in time for delivery as above^jrovlded, or the failure or delay of any prior exhibitor in returning any positive print to the Distributor, or forwarding it to a subsequent exhibitor, or -by reason of any cause not within the control of the Distributor whether of a similar or any other nature. It is un- derstood, however, that the neglect or default of the Distributor** em- pldyees hereunder shall not bo deemed a cause beyond the Distributor's control. Sixth: During the life of this agreement the Distributor agrees not to authorise or license the exhibition of any of the photoplays above specified in violation of any protection or "run" clause contained in this Seventh: In the event of default by the Exhibitor in ♦exhibiting or paying for any photoplays in accordance with the provisions hereof or if the Exhibitor shall exhibit or permit the exhibition of any of said photo- plays at sunf time or place other than those above specified, the Dis- tributor may at its option terminate this contract or suspend the de- livery of additional photoplays hereunder until such defaults shall cease and be remedied, but the election of either of said remedies shall be without prejudice to any other of the rights or remedies of the Dis- tributor in the premises by reason of such breach. In the event of the intentional violation by the Distributor of any protection or "run" clause contained in this contract, or in the event of the intentional default of the Distributor in delivering any photoplay to the Exhibitor hereunder and while such last-mentioned default continues, the Exhibitor may at his option terminate this contract by giving Immediate notice in writing to the Distributor, but the election of such remedy shall be without prejudice to any other rights or remedies of the Exhibitor in the premises by reason of such breach No waiver by either party of any breach or default by the other party shall be construed as a waiver of any subse- quent breach or default by such other party. Eighth: The Distributor shall give the Exhibitor at least four (4) weeks* notice in writing of the date upon which each photoplay, the ex- hibition dates of which are not specified in this contract, will be avail- able to the Exhibitor and shall at the same time notify the Exhibitor that the latter may select exhibition dates within the fortnight com- mencing with such date of Availability.. Within two (2) weeks after the mailing of such notice the Exhibitor shall notify the Distributor in writing of the exhibition date or dates (within such fortnight) selected by the Exhibitor. In the event of the failure of the Exhibitor so to do. the Distributor may, at any time after the expiration of said period of two (2) weeks from the date of the initial notice of availability sent by the Distributor, designate the exhibition date or date* of such ptioto- n'ay by mailing notice In writing thereof to the Exhibitor at least three '3) weeks before the* first exhibition date so designated: and the period of protection (if any) afforded the Exhibitor under this contract shall commence to run with the expiration of t)»o fortnight described in the initial notice of availability. •In the event that the exhibition date or dates selected by the Exhibitor as above provided are not open to the Exhibitor, the notice of avail- ability theretofore sent the Exhibitor, by the Distributor shall be null and void and the Distributor shall be obligated to mail a new notice of availability to the Exhibitor. Any exhibition dates selected by the Ex- hibitor (if open) or designated by the Distributor as above provided, or otherwise ■greed upon between the Distributor and the Exhibitor, Khali be for all purposes the exhibition dates of such photoplay as though originally specified In this, contract. In cas,- of a contract for a scries of feature photoplays, five reels or more in ength. and featuring a particular star or director, the Exhibitor ► hull not be required hereunder to exhibit more than one photoplay of i such series every five (5) weeks. Ninth: None of the photoplays specified in this agreement are re- issues from old- negatives or are old negatives renamed, except the following: Tenth: If prevented by censorship, fire, or similar damage by the elements, riots, insurrections, acta of God or the public enemy, public calamity, or the order of any Court of competent jurisdiction which shall prevent the performance of this contract by the Exhibitor, the latter shall not be liable for damages of any kind, nature or description, but the Exhibitor shall give prompt notice to the Distributor of his inability to perform said contract and the reason therefor. Eleventh: This 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 in- terest 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. This privilege of assignment without the cdnsent of the Distributor shall not apply to contracts, not to -be performed within one year. Twelfth: The Exhibitor agrees to run photoplays as delivered with- out alteration, except with the written or telegraphic approval of the Distributor, subject to requirenvepts of competent public authorities necessitating any change. The Exhibitor also agrees to advertise and announce each photoplay as a " Picture." In all newspaper advertising and publicity relating to said • photo'ploys, the Exhibitor shall adhere to the form of announcement con- tained in the advertising matter furnished by the Distributor. Thirteenth: The Exhibitor agrees to pay to the Distributor, upon demand, any Government tax imposed or based upon the sums payable under this contract. Fourteenth: If this contract calls for payments computed upon the Exhibitors gross receipts, the Exhibitor shall furnish to the Distributor daily a correct itemized statement of the gross receipts of said theatre for admission thereto upon the play dates of said photoplays, upon forms supplied by the Distributor should the latter So demand; and the Dis- tributor shall have access at all reasonable times for the purpose of inspection to the box office and to ali books and record* relating to the Exhibitors box office receipts during the period of exhibition of said photoplays. Fifteenth: The Exhibitor shall charge an actual minimum admission * e © of cents at said theatre on the dates when said photo- plays shall be exhibited thereat. Sixteenth: All advertising matter used by the Exhibitor in connec- tion with the exhibition of said photoplays must ho leased from or through the Distributor and must not be sold, leased or given away by the Exhibitor.. Seventeenth: The Exhibitor agrees to pay to the Distributor upon execution hereof, the sum of dollars ($ ) aa payment on account of the sums last payable hereunder. Eighteenth: No promises or representations have' been made by either party to the other except aa set forth herein. This agreement shall be deemed an application for a contract only and shal} not become binding until accepted in writing by an officer of the Distributor and notice of acceptance sent to the Exhibitor as hereinafter provided. The deposit -^y the Distributor of the dheck or other consideration given bv the Ex- hibitor at the time of application as payment on account of any sums payable hereunder shall not be deemed an acceptance hereof by the Dia- tributor. Unless notice of acceptance of this application by the Dfatributor is sent to the Exhibitor by mail or telegraph within the following periods after the date of application, to-wlt, seven (7) days If the Exhibitor's theatre is located in the City of New York, Essex, Hudson or Bergeif Counties, New Jersey or Westchester County. New York, ten (10) days if said theatre Is located elsewhere East of the Mississippi and twantv- flve (25) days if located West of the Mississippi, said application shall be deemed withdrawn and the Distributor shall forthwith return any sums paid on account thereof by the Exhibitor. A copy of this application, signed by the Exhibitor, shall bo loft with the Exhibitor at the time of signing, and in the event of acceptance thereof as Above provided a duplicate copy, signed by the Distributor, shall be forwarded to the Exhibitor. <- ■ Nineteenth: The parties hereto agree that before either of thorn shall resort to any court to determine, enforce or protect the legal rights of either hereunder, each will submit to the Board of Arbitration es- tablished or constituted (pursuant to rules and regulations now on file in the office of the Motion Picture Producers and Distributors of Amer- ica, Inc., and identified by the aignature of its President, a copy of which will be furnished to the Exhibitor upon request) by the Finn Club or Film Board of Trade in the city wherein is situated the branch office of the Distributor from which the Exhibitor is served, all elaims and con- troversies arising hereunder for determination pursuant to the rules ot procedure and practice from time to time 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 jurisdic- tion pursuant to the laws of such jurisdiction now or hereafter in force; and each party hereto hereby waives the right of trial 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 proceedings. In the event that the Exhibitor shall fail or refuse to consent to sub- mit to arbitration any claim or controversy arising under this or any other film aervice contract providing for arbitration which the Exhibitor may have with this or arfy other distributor or to abide by and forth- with comply with any decision of such Board of Arbitration upon any such claim or controversy bo submitted, or if the Exhibitor shall be found by such Board of Arbitration in any such arbitration proceeding to have been guilty of such a breach of contract as shall in the opinion of such Board of Arbitration justify this fir any other distributor in requiring security in dealings with the Exhibitor, 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 ex- ceeding $500 and not less than $100 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 balance, if any, to be returned to the Exhibitor; and in the event of the Exhibitor's failure to pay such additional sum within seven days after demand, the Distributor may at its option by written notice to the Exhibitor suspend service hereunder until, said sum shall be paid and (or) terminate this contract. In the event that the Distributor shall fail or refuse to consent to the submission to arbitration of any claim or controversy arising under any film service contract which the Distributor may have with the Exhibitor, or to abide by and forthwith comply with any decision and award of such Board of Arbitration upon any such claim or controversy no submitted, or if the Distributor shall be found by such Board of Arbitration in'any such arbitration proceeding to have been guilty of such a broach of con- tract as shall In the opinion of such Board of Arbitration justify the Exhibitor In refusing to <Jeal with the Distributor, the Exhibitor may at his option terminate this and any other existing contract between the Exhibitor and the Distributor by mailing notice by registered mall within two (2) weeks after such failure, refusal or finding, 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 de. islon. and in the meanwhile the pro- visions of the first paragraph of this section Nineteenth shall not apply to any such clsim 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 tho other party. The provisions of this contract relating to arbitration shall be con- strued according to the laws of the State of New York. The parties hereto agree that every existing contract between the parties hereto shall be ahd hereby Is amended so as to include the fore- going section with the same force and effect as if originally incorporated therein. Twentieth: (Optional Clause.) If this contract designates certain photoplays by title, it shall be non-cancellable as to such phctoplays- If it embraces a series of photoplays not designated by title It may be cancelled as to mrh series by either party after two photoplays of such series have been played apd paid for, by notice In writing to the other party witlWn ten (10) days after playing the second of said photoplays, such cancellation to take effect after additions photoplays shall have been played and paid for •