Form of Agreement with a Cinema for Advertising by Slide/Film by Shiva.

No. 9

Form of Agreement with a Cinema for Advertising
by Slide/Film

THIS AGREEMENT is made the . . . . . . . . . . day of . . . . . . . . . . . .
20 . . . . . BETWEEN Shri . . . . . . . . . . , aged about . . . . . . years, son of Shri . . . . . . . . . . , resident of . . . . . . . . . . , (hereinafter called the Owner) of the one part and Shri . . . . . . . . . ., aged about . . . . . . . . . . years, son of Shri . . . . . . . . , resident of . . . . . . . . . . , (hereinafter called the Advertiser) of the other part.

WHEREAS the Owner is the sole proprietor/the Manager duly empowered to act on behalf and for the . . . . . . . . . . cinema, situate on . . . . . . . . . . Road in the city of . . . . . . . . . . and the Advertiser is the sole proprietor/the Manager duly empowered to act on behalf and for . . . . . . . . . . . . .;

AND WHEREAS the Advertiser is desirous of advertising his goods and/or business through the medium of cinema slides/cinema films and the Owner is agreeable to do so at his cinema aforesaid.

NOW, THEREFORE, THIS AGREEMENT WITNESSES as under:

1. That the Advertiser shall supply a standard size slide measuring 2 ¼ inches by 2 ¼ inches containing matter previously approved by the Owner and the Owner shall at each cinema show each day exhibit the said slide by projecting the same on the screen of the said cinema for a period of not less than . . . . . . . . . . seconds at a time.

That the Advertiser shall supply 35 millimetre standard size film of length not more than. . . . . . . . . .metres containing matter for advertisement, the said film being duly certified by the relevant Board of Censors for universal exhibition and containing the said certificate and the Owner shall at each cinema show each day exhibit the said length of film by projecting the same on the screen of the said cinema.

2. That the Advertiser shall pay a sum or Rupees . . . . . . . . . . (Rs . . . . .) only for each day the said slide/film is exhibited the payment whereof shall be weekly and strictly in advance.

3. That the Owner shall not charge and the Advertiser shall not be liable to pay any charge for any day on which the cinema is closed and the slide/film is not exhibited. That if for any reasons the slide/film is not exhibited at any particular show any day for any fault or neglect of the Owner then the Advertiser shall be given a proportionate set-off in the charges.

4. That the Owner shall not be liable to any damage to the slide/film due to wear and tear, heat or defect in the projector, but shall take every reasonable precaution for the safety of the slide/film while it is in the possession, during the period of this agreement, with the Owner. Any damage to the slide/film necessitating its replacement or resulting in its loss shall be reported immediately to the Advertiser and no charges shall be made for its exhibition for the period it cannot be projected.

5. That the Advertiser takes and accepts full responsibility for all claims for damages and/or compensation or fine arising out of any claim, action or prosecution from third parties or the authorities in respect of any prejudicial matter contained in the slide/film or its exhibition and it is further agreed and covenanted that the Advertiser shall keep the owner, his servants, agents and business indemnified against all damages, costs, claims, expenses and fines or penalty which may arise out of any claim, suit or prosecution as aforesaid.

6. That the Owner shall have full right and liberty to refuse to exhibit the slide/film without assigning any reason and without any notice.

7. That in the event of the agreement terminating by lapse of time or on account of the Owner refusing to exhibit the slide/film or on account of any third party getting an injunction or otherwise getting its exhibition stopped or the authorities objecting, the slide/film shall be returned and this agreement shall be deemed to have ended.

8. That the expressions ‘the Owner’ and ‘the Advertiser’ herein used shall in both cases include the successors and legal representatives of the parties.

IN WITNESS WHEREOF, the parties hereto, . . . . . . . . . . for the Owner and . . . . . . . . . . for the Advertiser have hereunto signed, the day and the year first above-written.

Witnesses:

Sd. . . . . . . . . . . . . . .

For the Owner.

1.

2.

Sd. . . . . . . . . . . . . . .

For the Advertiser.