Heme v. Iiebler, 73 App. Div 194, 76 N. Y. Supp. 762.

Agreement made this........day of........, between

............and............, constituting the firm of.....

......, hereinafter described as the Producers, and........., hereinafter described as the Author, Witnesseth:

Whereas............is the author and sole and absolute owner of the manuscript of the play known as "........" which he is desirous of having produced upon the stage, and

Whereas the Producers are desirous of producing said play in the manner and for the period hereinafter stated, and

Whereas the parties hereto are prepared to enter into an agreement, which shall be limited, however exclusively, to matters in connection with the production, management and exhibition of said play on the terms and conditions hereinafter stated.

Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows:

1. The author hereby grants to the producers the exclusive right to produce the said play "........" in the........

and........(naming countries), for a period of........years, commencing on the........day of........,19. .,and ending on the........day of........, 19.., and agrees that during the said period the said play shall not be published or in any manner dedicated to the public, but shall remain in manuscript form, and be used only for the stage production by the said Producers; the said play to be absolutely free from royalties except as herein provided.

2. The Producers agree to give the first production of said play as soon after........as shall be possible, in conformity with the terms of this contract, and in any event, before

........,19.., and agree to produce the said play continuously during the regular theatrical seasons throughout the period of this contract. In the event that the production of said play should result in a loss for any theatrical season, then whenever such loss for any theatrical season shall amount to the sum of

.......dollars ($......) said producers may, by notice to the other party, terminate this agreement.

3. The Producers agree to furnish such sums of money as shall be necessary to start the production of the said play and to furnish all necessary printing and lithographs, and such properties, scenery, costumes and paraphernalia as the Author shall deem necessary for the production of the said play, this amount to be considered as an expense and to be paid before the amount of net profits shall be determined.

4. The selection of actors and actresses for the production of said play shall be subject to the approval of the said........, but the salaries shall be paid by the Producers, such amount to be considered as an expense, and to be paid before the amount of net profits shall be determined.

5. The stage production, that is to say, the management of the stage, shall be exclusively under the supervision of the said........, who hereby agrees to give the necessary time and attention to said management.

6. The Producers shall manage the front of the house and attend generally to the business management, to wit, what is usually known in the theatrical business as attending to the front of the house, routing of the company, printing, advertising, etc., but performances shall be given only at first class theatres.

7. The Producers further agree that whenever the said author shall, during the period herein referred to, act on the stage in said play, then for each and every week while so acting, the said Author shall receive the sum of.........dollars

($........), which amount shall be considered as an expense, and shall be paid before any profits be determined. Nothing herein contained shall require the said author to act personally upon the stage in said play, but the said author is to receive said sum of........dollars ($........) per week only when personally acting as aforesaid.

8. Whenever the said Author shall be personally acting upon the stage aforesaid, in the said play "........", he shall be

"starred" and all advertisements, printed notices and announcements thereof shall read as follows:

9. "........ as '........' in his own play, '........' under the direction of........."

10. If mutually deemed advisable, said Producers will supply such additional funds as may be necessary in order to form another theatrical company for the production of said play, such production of said play and the interest of the respective parties hereto, herein to be governed by the terms of this agreement.

11. Upon the expiration of this agreement, or its termination for any cause whatsoever, all rights and privileges in and to the said play "........," and the manuscript thereof, hereby granted, shall revert and belong to the said Author.

12. The parties to this agreement shall at all times have access to the books of the said Producers, appertaining to said play, and to the box office of the theatre where said play may be produced.

13. The Producers shall, after deducting all expenses to which they have been put and advances, as herein provided, at the expiration of each month pay to the said........a sum equal to........per cent of the net profits resulting from said production or productions.

14. The parties hereto may continue to give their attention to such other matters as they may hereafter be engaged in, but the parties hereto shall give sufficient attention to the production of the said play "........," as hereinbefore provided.

15. Nothing herein contained shall be construed to constitute a partnership between the parties hereto, or to impose any liability whatsoever on the part of said........for any loss incurred in the production by the parties of the first part of the said play "........"

16. In the event that any disagreement or any question of any kind should arise between the parties hereto as to then-respective relations, rights, privileges or duties hereunder, the same shall be settled by arbitration, either by........arbitrator.....to be mutually agreed upon by the parties hereto, or in case they cannot agree upon........arbitrator..., the same shall be submitted to........arbitrator..., of whom the producers shall be entitled to choose........, the author

........, and the........arbitrator... chosen shall choose the third (or fourth, as the case may be), and the decision of any single arbitrator appointed by mutual agreement, or of a majority of the........arbitrators, reduced to writing, is to be final and conclusive as to ail parties hereto.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above written.