This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Application and Date,---------.
L cense No. ---------. (Original - for Home Office) Population, ---------.
Short Subject License Contract
The undersigned, hereinafter referred to as the exhibitor, hereby makes application to the X. Y. Company for a license, to exhibit at --------- theatre, located at ---------, the copyrighted motion picture subjects named in the following schedule, on the days respectively specified therein, or if not therein specified then on the dates to be mutually agreed upon, as hereinafter provided, and for the loan of a positive print of each of said subjects for exhibition at said times and place, under said license, and hereby agrees to pay for such license the amounts at the times named herein.
If and when this application shall have been accepted by the X. Y. Company in the manner hereinafter provided, the X. Y. Company will grant and such acceptance shall be taken as a licence to exhibit said motion picture subjects at said theatre on the respective dates named herein, and nowhere else and at no other time, and in order to enable said exhibitor to exercise such license will loan said exhibitor a positive print of each of said subjects for use at the times and place named for the same respectively; all upon the terms and conditions hereof which the exhibitor hereby agrees to observe and perform.
Date of Establishment
License fee Per Change
Sets of priceless
1. The terms and conditions set forth on the back hereof are to be taken and read as part of the terms and conditions on which said license is granted.
2. The exhibitor pays to the X. Y. Company herewith as on account of the license fee payable in respect of the motion picture named for the last exhibition at the time and place above specified, or for liquidated damages as hereinafter set forth the sum of---------, the same upon condition that if the X. Y.
Company does not accept this application, the sum so paid herewith shall be returned to the exhibitor. In case of default or breach on the part of the exhibitor in any agreement herein or any of the terms or conditions hereof, all loans of positive prints hereunder shall terminate, and all positive prints so loaned to the exhibitor and not yet returned to the X. Y. Company shall be forthwith surrendered, returned and delivered by the exhibitor to the X. Y. Company; the license specified herein shall cease and be of no further force and effect, and said amount accompanying said application shall constitute, and it is hereby paid as the X. Y. Company's liquidated damages for such default or breach.
3. The exhibitor shall show each of said pictures respectively on the several dates hereinabove specified for the exhibition of the same, and nowhere else and at no other time. In case no such exhibition dates are hereinabove specified, the exhibitor and the X. Y. Company shall agree within ten days after demand by the X. Y. Company upon the exhibitor upon license dates for such exhibition. In the event of failure so to agree, the X. Y. Company reserves and shall have the right to name and appoint such exhibition dates, and the exhibitor agrees to accept the dates so appointed as the license dates hereunder.
4. The X. Y. Company does not deliver positive prints or advertising matter or use in the same city in which there is an X. Y. Company Exchange. The exhibitor agrees that express shipments are to be made by the --------- Express.
The exhibitor agrees to pay for the use of advertising material specified in the above schedule the sums herein named for same in advance, upon receipt of invoice; that said advertising material shall be and continue to be the property of the X. Y. Company and is supplied to the exhibitor for the sole purpose of advertising pictures exhibited under said license by said exhibitor.
5. Such license shall be construed as a separate and distinct license for each of said motion picture subjects. The X. Y. Company agrees that during a period of --------- days immediately succeeding the expiration of the period for which each of said motion picture subjects respectively is licensed hereunder, the X. Y. Company will not license any other exhibitor to exhibit the same motion picture subjects within the following described territory.
6. Advertising matter supplied hereunder is to be shipped at least --------days preceding the first date of exhibition of each subject licensed hereunder, provided that the exhibitor shall have paid the sum above named for the use thereof.
7. This application shall not be binding upon the X. Y. Company and shall not constitute a license unless and until the same shall have been accepted by the X. Y. Company, and such acceptance shall only be evidenced by the countersignature hereon by the X. Y. Company's Short Subject Sales Manager at ---------.
Accepted: The X. Y. Company.
---------, Short Subject Sales Manager.
---------, Branch Manager,
1. In case a carrier be above named for the delivery of the aforesaid films, said provision shall only apply in case said films are shipped direct from the aforesaid branch of the X. Y. Company. Shipments from any other locality shall be by such carrier as the X. Y. Company may select.
2. The exhibitor shall return each of the films loaned as aforesaid to the said Branch Office of the X. Y. Company or to such other address as the X. Y. Company may direct in writing immediately after the close of the last performance for which' the subject represented by such film is licensed as aforesaid.
3. The positives supplied in connection with this license are merely loaned to the exhibitor; who acquires no right, title or interest in the same. The exhibitor further agrees that the exhibitor has not and will not assert any claim or lien or charges thereon for or on account of any demands whatsoever, past, present or future, and the right of the X. Y. Company to the return of such positives shall be in addition to any right to damages liquidated or otherwise for which provision is made herein.