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.
This agreement, made and entered into by and between A. B., of ---------, of the first part, and the X. Y. Company, of the second part, in consideration of one dollar, by each to the other in hand paid, the receipt of which is hereby acknowledged, and in further consideration of the moneys to be divided as hereinafter mentioned, it is mutually agreed as follows:
Witnesseth, that the party of the first part agrees to furnish to the party of the second part the --------- [insert name of theatre, etc.], properly lighted, heated, cleaned, licensed, all necessary electrical current, all necessary attaches on stage and in front of house, police, orchestra of not less than --------- musicians, advertising in all daily newspapers, commencing --------- days in advance, bill posting, distributing, bill board rents, house programmes and all tickets.
The party of the first part also agrees to receive the scenery, properties and baggage of --------- [insert name of film] Company at the stage door of the theatre and to place the baggage in the dressing rooms, and to furnish competent men to put the scenery and properties on the stage and to deliver the scenery, properties and baggage at the back door of the theatre and to furnish competent men to take down the scenery at the conclusion of the performance under this contract. The party of the first part also agrees to erect platform in the rear of the lower floor for moving picture machines and booth; also to do all necessary wiring between switchboard on stage to booth; also agrees to share on all extra advertising for a period of ---------.
The party of the second part agrees to furnish for said period --------- [insert name of film], including two moving picture machines, two moving picture machine operators, booth, stage setting, screen, all effects on stage, operators of effects, stage director, carpenter, propertyman, electrician, supernumeraries, orchestra of twelve pieces, musical director, all pictorial and block printing, and agrees to share pro rata on all extra advertising.
The receipt of the performances under this contract shall belong to the parties hereto in the following proportions:
The party of the second part to receive ---------.
The party of the first part to receive ---------.
Settlement to be made during each performance from the box office statements controlled by the tickets in the boxes.
No persons to be admitted free into said theatre during the continuance of this agreement, except those agreed upon by both parties hereto.
The party of the .first part agrees that there shall be no other entertainment of any name or nature in the said theatre on the date named in this contract; and further agrees to give to the party of the second part the full right of the sale of books, librettos and music.
Both parties agree that the prices for this engagement shall range from
--------- cents to --------- dollars for the evening performances, and --------- cents to --------- dollars for the matinee performances, with the understanding that at least two-thirds of the seats on the lower floor will be --------- dollars at all evening performances, and at least two-thirds of the seats on the lower floor will be --------- dollars at all matinee performances.
Party of the second part or his representative to have access to box office and any and all parts of the theatre he may desire during the engagement.
It is also agreed that all the conditions named in this contract shall be subject to the customs governing uncontrollable circumstances, such as accidents, public calamity, fire, war, floods, or any unforeseen events and the like, and that in such case no claim for compensation or damages shall be made by either party hereto.
Witness our hands this --------- day of ---------, 19-, at ---------.
For a similar form of contract for producing plays, etc., see Sec. 3931.