Movie Preview Advertising Agreement

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This is an agreement between a movie theatre and an advertiser for the placement of specific advertisements that are aired prior to the screening of feature films. This agreement spells out the parties’ rights and responsibilities, including how the advertisement will be submitted, the rate that will be charged for the advertisement, the duration of the advertisement and which theatre screens will show the advertisement. This agreement can be used by movie theaters or by small businesses wishing to place advertisements on movie theatre screens prior to the beginning of a feature film.

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									This is an agreement between a movie theatre and an advertiser for the placement of
specific advertisements that are aired prior to the screening of feature films. This
agreement spells out the parties’ rights and responsibilities, including how the
advertisement will be submitted, the rate that will be charged for the advertisement, the
duration of the advertisement and which theatre screens will show the advertisement.
This agreement can be used by movie theaters or by small businesses wishing to place
advertisements on movie theatre screens prior to the beginning of a feature film.
                    MOVIE PREVIEW ADVERTISING AGREEMENT

THIS MOVIE PREVIEW ADVERTISING AGREEMENT (the “Agreement”) made as of
___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert
Name of Movie Theatre], ___________ [Instruction: Insert Address] (“Company”), and
___________ [Instruction: Insert Name of Advertiser], ___________ [Instruction: Insert
Address] (“Advertiser”).

WHEREAS, Company owns a movie theatre (the “Theatre”) which has ___________ (___)
[Instruction: Insert Number] motion picture screens (each a “Screen”) and exhibits feature
films (each a “Feature”) to the public on the Screens;

WHEREAS, Advertiser desires to reserve space and display slides of advertising material (each
an “Ad”) on the Screens before the showing of Features and, subject to the terms and conditions
set forth herein, Company desires to accept said engagement.

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1. Engagement.

    A. Advertiser hereby engages Company to perform the services (“Services”) of reserving
space and displaying the Ad(s) on certain Screens (“Selected Screens”) before the showing of
Features for a set amount of on-screen time for the Ad (“Screen Time”) during a particular time
period (“Screening Period”).

    B. No less than thirty (30) days’ prior to Advertiser’s proposed commencement date for the
Screening Period, Advertiser shall submit to Company: (i) a proof of the Ad (“copy”), (ii) the
proposed Screening Period dates, (iii) the requested Screen Time and the Selected Screens.
Company will review Advertiser’s submission and within ten (10) days of Company’s receipt of
said submission will indicate if Company agrees to accept the proposed Ad run. If accepted,
Company will invoice Advertiser for the Screen Time.

    C. Copy for Ads should be carefully reviewed by Advertiser. Company shall not be liable
for any material errors or misspellings on Ads. Advertiser acknowledges that Company and/or
the Theatres may, in their sole discretion, refuse to accept any copy (including but not limited to
illustrations, photographs and/or drawings) of the Ad, or may withdraw any previously accepted
Ad from display at any time and request Advertiser to submit new copy. Company makes no
claim of ownership hereunder to any trademarks or copyrights in materials provided by
Advertiser.

2. Screen Time.

    A. Advertiser acknowledges that one week of Screen Time for the Ad means the screening
of the Ad before Features on those days in a week and at such times on the Selected Screens that
are open to the public in the Theatre. Company reserves the right to hasten, delay or otherwise
alter the schedule of Feature start times without notice. This right includes, but is not limited to,
adjustments to schedule due to weather, auditorium cleaning or heavy attendance. Such
scheduling adjustments are considered normal and necessary and are accepted by Advertiser.
The slide program shall be turned off shortly prior to the scheduled show time of the applicable
Feature. Such event(s) shall not constitute a breach by Company.

   B. This Agreement provides for certain amount of Screen Time for any particular Ad and
does not guarantee any audience nor any business generation or response for Advertiser from
such on-screen advertising. This Agreement does not entitle Advertiser to any exclusivity on
any Screen.

    C. Upon Advertiser’s written request, Company shall provide written certification, which
will indicate when Screen Time on the Selected Screen was provided, on the dates shown on the
certificate.

    D. In the event that Company is unable to provide the Screen Time on the Selected Screens
during the Screening Period, for any reason, Company may, in its absolute discretion, in lieu of
any financial restitution, grant Advertiser a Screen Time credit for a period which Company
considers sufficient, the amount of which shall be reasonably determined by Company.

3. Fee.

  A. Company’s fee (“Fee”) shall be ______________ Dollars ($____) [Instruction: Insert
Amount] per week of Screen Time.

    B. Any compensation due hereunder shall be due and payable within thirty (30) days of
Advertiser’s receipt of an itemized invoice from Company. In the event that Advertiser fails to
make full payment of the amounts due hereunder within said thirty (30) day period, Company
may charge a late payment penalty of ___________ percent (___%) [Instruction: Insert
Percentage], compounded [Instruction: Choose One: monthly // annually], on any unpaid
balance. Advertiser shall also be liable for legal or other fees and costs are incurred by Company
to collect any past due amount. In addition, in the event that Advertiser fails to make timely
payment of the Fee, Company may, in its sole and absolute discretion and without prejudice to
any rights Company may have against Advertiser, cease to continue to provide the Services.

4. Representations, Warranties, Indemnification, Limitation of Liability.

     A. Advertiser represents and warrants to Company that all copy of the Ad supplied by
Advertiser to Company: (i) are true and correct in every respect and do not contain anything that
is, defamatory of any person or entity; (ii) do not contain anything that is, indecent or obscene;
(iii) do not infringe any copyright, trademark or other intellectual or commercial property rights
of any person; and (iv) do not contain nor constitute a statement that is misleading or deceptive
or likely to mislead.

    B. Advertiser will defend, indemnify and hold harmless Company from and against all
losses, damages, liabilities, penalties, costs and expenses (including reasonable attorneys fees
and expenses) incurred or sustained by it or them arising in any manner out of or in connection
with Advertiser’s breach of this Agreement, including but not limited to breach of any of
Advertiser’s representations, warranties or agreements contained herein.

    C. Company shall have no liability for consequential or special damages, including, without
limitation, loss of profits or time or based in tort, however caused. Company shall not be liable
for any costs incurred by Advertiser as a result of rejected copy or withdrawn Ads or for
scheduling adjustments or changes.

   D. COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, OTHER THAN AS SET FORTH SPECIFICALLY IN WRITING HEREIN,
INCLUDING    WITHOUT    LIMITATION    IMPLIED    WARRANTIES     OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH
ARE DISCLAIMED AND EXCLUDED

5. Miscellaneous.

    A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.

    B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.

    C. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.

   D. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Company may assign any or all of
Company’s rights and/or obligations hereunder to any assignee, licensee or designee of
Company, and all succeeding assignees, licensees or designees. Advertiser may not assign any of
Agency’s rights and/or obligations hereunder without Company’s prior written consent.

    E. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.

    F. This Agreement shall be governed in accordance with the laws of the State of
_____________ [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].

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IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.


COMPANY:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


ADVERTISER:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]

								
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