Guidelines
4 Overriding Principle
5 Supply of Prints
6 Flexibility of Trading Terms
7 Supply of Trailers & Advertising
8 Supply of Information
9 Terms of Trade
10 Exhibition Obligations
Glossary

9

Terms of Trade Policies and Guidelines

9.1 Each distributor must separately establish terms of trade which incorporate its policies and/or guidelines in relation to:

9.1.1  film hire rates, including film hire rates for Film Copies of films supplied after the national release dates;

9.1.2  length of seasons, including minimum seasons applicable to exhibitors with four (4) screens or less;

9.1.3  sessions requirements;

9.1.4  advertising;

9.1.5  bonds and guarantees;

9.1.6  the ongoing supply of Film Copies otherwise than in Digital Form, having regard to the conversion of cinemas to complying digital projection systems;

9.1.7  the quality of Film Copies supplied to exhibitors;

9.1.8  for films supplied in Digital Form, the methods and timing of supply of DCPs and KDMs;

9.1.9  3D glasses, including the provision of 3D glasses by exhibitors to their patrons and the treatment of revenues arising from the sale or hire of 3D glasses; and

9.1.10  such other matters as the Code Administration Committee may determine from time to time,

(known as Terms of Trade Policies and Guidelines).


9.2 Each distributor must make its Terms of Trade Policies and Guidelines available on a confidential basis to exhibitors and the Conciliator.


9.3 The Conciliator must take into account the Terms of Trade Policies and Guidelines in conciliation disputes made under the Code.


9.4 Where a distributor amends its Terms of Trade Policies and Guidelines, the amended Policies and Guidelines must be made available on a confidential basis to exhibitors and the Conciliator at least fourteen (14) days before the amended Policies and Guidelines come into force;


9.5 Where a film has under-performed substantially relative to the distributor's original estimate then, upon reasonable request by an exhibitor, the distributor must make a good faith review of the sessions commitment contractually agreed to between it and that exhibitor, having regard to all relevant factors including:

9.5.1  the investment by the distributor in the release of the film; and

9.5.2  the performance of the film relative to other films then currently available in the market place to that exhibitor.


9.6 A distributor will not unreasonably refuse a request by an exhibitor to review the sessions requirement for a film.


9.7 In conducting a review under Section 9.5 or Section 9.6, the distributor will undertake good faith negotiations with the exhibitor with a view to promptly resolving the issue, and the parties will as necessary apply the dispute resolution procedures set out in Section 15.1 to facilitate those negotiations.


9.8 The fact that a distributor has agreed to review a session commitment with respect to one location shall not bind the distributor to review a session commitment with respect to any other location.  Each case shall be considered on its own merits.


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Downloads:

Download the Code

Download the Signatory Application/Update Form (MS Word format)

FEDCAC Film Exhibition and Distribution Code Administration Committee View the Code introduction guidelines administration Committee Information Committee members information bulletins Code Secretariat Dispute Resolution Dispute resolution procedures conciliator's reports Conciliation