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Guidelines |
| 4 | Overriding Principle |
| 5 | Supply of Prints |
| 6 | Flexibility of Trading Terms |
| 7 | Supply of Trailers & Advertising |
| 8 | Supply of Information |
| 9 | |
| 10 | Exhibition Obligations |
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 prints 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 quality of prints supplied to exhibitors; and 9.1.7 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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Download the Code
Download the Signatory Application/Update Form (MS Word format)