Wid's Filmdom (1921)

oe. REALART STAR FRANCHISE License for Thirty-six (36) Photoplays, Starring Bebe Daniels, Mary Miles Minter, Constance Binney,Wanda Hawley, Alice Brady, May Mc Avoy Season of 1921-1922 AGREEMENT made in triplicate this .j...cc.ccssscccssssssssssssesssecececessacceeceee Day cOk cisctetiscerascisecereovcslaseteseyoceviesed S*¥O2ccetems , between REALART PICTURES CORPORATION, a Delaware corporation, hereinafter called the “Distributor,” party of the first part, and eo jaaseagavbegetvieadtretees setveveeneseenesacavenecssetcsssatonssesueasenes sessueneeneavenscusnscassnsensossqesscseentsncaesssssesersseneneeseeess hEFOMMALCE called the ‘Franchise Owner,” party of the second part, owner or lessee of and operating the....... Pe Mibeatre: taloca ted: AGH UBER besser tet esis citesotso, coach. csertcmnconseesovcvtrsevsnevctemencebas Street, City (Town) OF Fesovsses wenseseseneveerscercessesseonsceeseesrens ; sPantate. OF Tasers erie piacovssstvscedstacveeTtkevssissskconeistesvessdicceseqec , such agreement being made and PNCCTEME MEO LAL, CE arccccrcsseaseseesessscceteciotes Gossce nces soacavchi Givsectheeteycesetenseeees Exchange of the Distributor, WITNESSETH: WHEREAS, the Distributor proposes to release during theperiod of one. year commencing ow-or about September 1, 1921, thirty-six (36) photoplays, in each of which one of the following stars shall enact a leading role, to wit: Bebe Daniels, Mary Miles Minter, Constance Binney, Wanda Hawley, Alice Brady, May McAvoy—no one star appearing in more than eight (8) of said photoplays; and ad WHEREAS, the Franchise Owner desires to exhibitthirty-six (36) of said photoplays in the above named theatre; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parti¢s hereto hereby agree as follows: : FIRST: The Distributor hereby grants to the Franchise Owner a license to exhibit, at the above named. theatre only, -at the times. hereinafter provided, thirty-six (36) motion picture photoplays in which the Distributor shall have copyright, released or to be released by the Distributor as aforesaid, such license being upon the terms, agreements and conditions ‘hereinafter set forth. To enable the Franchise Owner so to exhibit said photoplays and as an incident to said license, the Distributor will lend to the Franchise Owner one positive print of each of said photoplays and the Franchise Owner will accept such prints for the sole purpose of exercising said license and of using said prints in accordance with the terms and conditions of this agreement. SECOND: The Franchise Owner agrees to exhibit each of said photoplays at the above-named theatre, fOr ...scsesssssssssssssecsesmssnssnesnesersnssnnsnesnsssssenseneebes consecutive days, upon the dates designated by the Distributor. The Distributor agrees to mail or deliver to the Franchise-Owner from time to time, at least two weeks prior to the dates of exhibition fixed therein, written notice designating the photoplays and the dates in accordance with the following paragraph, upon which the Franchise Owner shall be entitled to exhibit the same. In the event that the Distributor is unable to deliver a photoplay on the date so designated, from prints then on hand at its above-mentioned Exchange, the Distributor may at any time give notice changing the dates and the photoplays so designated. 5 The Franchise Owner agrees to exhibit the said photoplays in accordance with the aforesaid notices, on the days of the week checked or otherwise indicated ‘on the schedule below, in each period of seven (7) consecutive days in successive periods of fourteen (14) days, begiMMiNg ........ssvesssssssessserseessessessnsesnessvnesnrernvennensessnecsnesnneess 192. cvcorven , it being understood that seven (7) days shall intervene between each such fourtern (14}-day period, except-that the eighteenth such period shall immediately follow the seventeenth period. DAYS OF THE WEEK WHEN PICTURES ARE TO, BE PLAYED Wednesday Thursday Saturday THIRD: The Franchise Owner shall have the .. following the pre-release~showing thereof (if any) therein: .. . run of each of said photoplays in the zone or other locality hereinafter designated, If a zone is specified herein, it shall be understood to be the: zone defined in the records or on maps on file in the office of the Distributor. A tun shall not be exclusive, unless so expressly designated herein. The Distributor-or its licensees may exhibit any said photoplay elsewhere in said zone or locality immediately following its run at the said theatre of the Franchise Owner. If the Franchise Owner shall fail to exhibit any photoplay at the time designated as in Article Second provided, either because of neglect or refusal so to do or because of breach of this agreement on account of which the Distributor shall be entitled to withhold delivery of said photoplay, the Franchise Owner shall lose,:and in such event does hereby waive, the right to the priority of run specified in this article with respect to such photoplay. FOURTH: The Franchise Owner agrees to pay to the Distributor, at its above-mentioned Exchange, for the license-hereby granted the sum Of ...cccccsssessessscsseenenesnseneeneerenvenee Dollars g (Sessccgecsrecsostethese ), in instalments which shall be due and payable as fOllOWS: ......csesss:ssssesssesssnsesnesssesssnensseseansessesesnenspencanseavensaneesse ..) upon the execution hereof, the receipt whereof is hereby acknowledged; and a sum equal to one thirty-sixth (1-36) of the total fee, that is .. : weve DOM Are ($.rc.ccccceccoserszencese ) om Monday in each period of seven: (7) consecutive days in successive periods of fourteen (14) days, beginning See SS rceseses , until the full license fee hereunder shall have been paid, it being: understood, however, that seven (7) days shall intervene between each such fourteen (14) day period. If any such Monday shall be a legal holiday, such instalment shall be due on the next day not a legal holiday. 3 As long as Section 906 of the Revenue Act of 1918 shall remain in force, the Franchise Owner agrees to pay to the Distributor a sum equal to the Five Per Cent. Film Rental Tax, computed on and payable at the same time as the instalments of license fee. In the event of any change in the present tax on film rental, the rate shall be increased or decreased accordingly. Should any other state or federal tax be imposed in lieu of or in addition to said tax, the Franchise Owner shall pay to the Distributor upon demand a sum equal ty such tax. Dollars FIFTH: The Distributor agrees that it will use its best efforts to have a print of the photoplay next to be exhibited by the Franchise Owner, at its above-mentioned Exchange for delivery to the Franchise Owner in time for showing in the theatre aforesaid on the date specified in the notice referred to in Article Second. The Distributor shall not be liable in any way for failure or delay in making delivery of any photoplay by reason of accidents, Tabor troubles, fires, delays of common carriers, orders of court, ruling of censors, delays in completing negative or positive prints of any photoplay or destruction thereof, failure or delay of any other franchise owner or exhibitor in returning a print to the Distributor, ‘ or other causes. not within the control of the Distributor, whether of a similar or of any other nature. $. The Franchise Owner agrees to deliver to the. above-mentioned Exchange of the Distributor or to such other address as the Distributor may direct in writing, by the fastest reliable means of transportation. (with the containers properly addressed), all prints of photoplays and all reels, containers and other accessories furnished by the Distributor, immediately upon the termination of the period fixed in the aforesaid notices of exhibition for the showing of said photoplays. The Franchise Owner. shall pay all delivery charges both ways, and agrees that all carriers shall be the agents of the.Franchise Owner and not of the Distributor. 4 6. If the Franchise Owner shall use or retain any print delivered hereunder beyond the authorized period of exhibition, or shall fail to deliver the same in accordance with the provisions of Section “5” of this Article, or if any print delivered to the Franchise Owner is run at any theatre other than the one specified herein, in the interval between delivery thereof to the Franchise Owner-and redelivery thereof as directed by the Distributor, the Franchise Owner shall forthwith pay to the Distributor for such use, retention or delay in delivery, an additional license fee of twice the pro rata amount per day for the license under this agreement, for each day of such use, retention, or delay, and further shall hold the Distributor harmless on account of any loss, damage or expense resulting therefrom. EIGHTH: This license and agreement is personal to the Franchise Owner and may not be assigned to or exercised by any *ther patty whatsoever without the written it of the Distributor. The transfer by the Franchise Owner of its interest in the above mentioned theatre or in the operation thereof shall not relieve the Franchise Owner from ‘ability and obligations under this agreement. 3 ; ‘ : A NINTH: _If the Franchise Owner shall default in the performance or observance of any term, agreement or condition herein contained or in the performance of any y photoplay until such default shall have been cured, or at the Distributor’s option, with of its intention so to do, and in-the event of such termination, Distributor of any such default.or defaults or r contract between the parties hereto, the Distributor shall have the right to withhold delivery of an terminate this agreement and *'.e license hereby granted, by mailing or delivering to the Franchise Q Ae Distributor shall retain to its own use all moneys theretofore paid to it by the Frapgbhs ‘any consent given by the Distributor, shall be a waiver or consent in the speci The rights and remedies herein enumerated shall be in i i h t law or*in equity. Rig t ateatede TENTH: Any ‘claim by the Franchise’ Owner arising Exchange where this agreement was entered into, within twenty (20). d where said claim arose and the nature and substance of the rs ion precedent to the maintenance of any action or proceeding upon such claim. : ee Bent or default upon which the claim is based, and no such action or procee ontract as WO if (eA ELEVENTH: This license shall not be Fs Manager, and until so executed shall be deemed to be an application ae payment of money tendered as the first instalment hereunder og lieense agreement of addition ro summertime You read much about what the Exhibitor is obligated to do, but hear little about the be binding upon the Distributor. 4 3 ‘ P 5 : p i oe Distributor’s pledges. A Realart Star Franchise imposes very definite ‘obligations on |i the Distributor. ig oa gedies which the Distributor may at to the Distributor at its ime when and place RYE Na mole) feet Cae | —To produce and deliver 36 productions, starring Bebe Daniels, Mary Miles Minter, Constance Binney, VWWanda Hawley, Alice Brady and May McAvoy. 36—no more, no less—no hold-outs or hold-overs for bigger prices. q —To supply these productions as a season's service, not as individual pictures ; ——To guarantee that no one star will appear in more than eight pictures during bs the season; ——To deliver pictures on specified dates, fixed for a full year in advance at the Tet eee We a a-Uateln Sm iS dale —rTo divorce playing dates from paying dates, and accept remittances on the TSelncamerur ——To declare at the outset exactly what the complete service shall cost for a year: no special assessments; od ——To provide adequate exploitation and advertising service for each proddction,