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

10

Exhibition Obligations

10.1 Exhibitors will provide distributors on request with suitable credit references.


10.2 Exhibitors shall not prevent or seek to prevent a distributor from supplying films to a competing exhibitor.


10.3 Each exhibitor and distributor shall observe its agreed obligations to each other including:

10.3.1  the material terms of any exhibition agreement concluded between them;

10.3.2  the timely provision of:

  1. accurate daily box office totals on a film-by-film basis to the distributor or the distributor's nominated representative; and
  2. accurate weekly box office returns on a film-by-film basis and session-by-session basis to the distributor including total receipts and the number of paid and complimentary admissions;

10.3.3  the payment of licence fees or other sums to the distributor within the contractually agreed time;

10.3.4  the conduct of promotions including complimentary admissions;

10.3.5  allowing access to the distributor or its agent for records checking inspection and audit of box-office and cinema operating expenses on a confidential basis;

10.3.6  the delivery of Film Copies including, in the case of Film Copies in Digital Form, the supply of DCPs and KDMs;

10.3.7  safe handling, exhibiting and timely return or destruction (as applicable) of Film Copies including, in the case of Film Copies in Digital Form, DCPs and KDMs; and

10.3.8  the prohibition of duplicating Film Copies or sub-licensing rights.


10.4 Each exhibitor agrees, subject to the availability of materials:

10.4.1  to play any trailer supplied to it by a distributor relating to a film which it will be exhibiting, at reasonable times during a period of at least 2 weeks immediately before the opening date of such exhibition;

10.4.2  to display prominently such posters and other advertising materials as have been supplied by a distributor relating to a film which it will be exhibiting, for a reasonable time but not less than two weeks immediately before the opening date of such exhibition; and

10.4.3  in any advertising and publicity for such film to refer to such film as a release of the relevant distributor, and to comply with such credit obligations as have been notified to it by such distributor.


10.5 Each exhibitor shall maintain its cinema or cinemas in good serviceable condition in line with generally accepted standards within the exhibition industry, including standards relating to cleanliness, acceptable temperature, improved access for the disabled and properly serviced and functioning equipment.


10.6 Without limiting Sections 5.5.2 and 6.4, each exhibitor shall install complying digital projection systems in its cinemas in a timely manner having regard to the projected timetable for the phasing out of 35mm prints and supply of all films in Digital Form. If a distributor considers that a digital projection system installed by an exhibitor is not a complying digital projection system then the distributor shall:

10.6.1  give notice in writing to that effect to the exhibitor, including reasonable details of the manner in which the distributor considers the digital projection system is non-complaint; and

10.6.2  allow the exhibitor a reasonable opportunity to rectify the non- compliance,

provided that, if the non-compliance directly relates to the security of the distributor's Film Copies and other materials then, until such time as the security risk has been adequately rectified, the distributor may withhold or defer supply of its Film Copies and other materials to the exhibitor to the extent reasonably necessary to address the security risk.


10.7 An exhibitor who has failed to comply with any of the above requirements applicable to exhibitors after reasonable notice of the distributor's objection to the exhibitor's behaviour may be considered as ineligible for supply of a print by a distributor.



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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