LICENSING AGREEMENT – PUBLIC DISPLAY

Thank you for showing EAGLE AND THE ALBATROSS!

You (“SCREENER”) are responsible for:
1. Buying the movie in DVD or VOD
2. If not using a theater in the Proludio system, you must connect us to the theater so we can ship the film’s DCP or DVD, to be returned immediately after the event.

  1. Eagle and the Albatross LLC (“EAGLE”) owns and controls theatrical, educational, and special event rights for the film entitled Eagle and the Albatross (“FILM”) that SCREENER desires to license from Eagle and the Albatross LLC.

  2. For the purpose of setting forth the terms under which the rights are being licensed by EAGLE to SCREENER, EAGLE and SCREENER are executing this Agreement. 

NOW, THEREFORE, in consideration of the mutual promises made, receipt of which is acknowledged through confirmation email from purchase of License through the EAGLE website, the parties agree as follows:

    1. Grant of Rights: EAGLE hereby grants to SCREENER the exclusive right in the SCREENER’s city during the Term (as defined below) to exhibit the Film on the date chosen by SCREENER. SCREENER understands and agrees that it shall exhibit the Film ONE TIME in its entirety and may not modify, duplicate, edit, or replay the Film more than once, unless SCREENER paid for more dates. EAGLE reserves all rights it has not specifically transferred here and to duplicate or reshare is copyright infringement.

    2. Term: The term of this agreement (the “Term”) will begin on the date of execution of this agreement and end after the date of the SCREENER’s event.

    3. Event Listings: To be sure your event is included in the official Eagle and the Albatross events list, following the execution of this agreement  you must email the Eagle team your screening dates, times, location and any links you would like to share, including a link to purchase your tickets. info@eagleandthealbatross.com

    4. Advertising and Sponsorship: EAGLE has entered an official exclusive partnership with PURE ROMANCE LLC. SCREENER may use the Pure Romance branding in association with their EAGLE screening. 

    5. Cash Consideration: In consideration of the grant of rights, SCREENER shall pay to EAGLE $540.00 directly through our website Fee due in full upon execution of this Agreement AND BEFORE THE SCREENER’S EVENT. SCREENER understands and agrees that this payment shall not be refunded if the Screening Date is cancelled. The screening may be rescheduled within three months of the confirmation date.

    6. Promotional Consideration: In consideration of the grant of rights, SCREENER may undertake to use commercially reasonable efforts to cause a broad distribution of news coverage of the Screening Date through local advertising, newspaper announcements, flyers, posters, social media and web banner ads or promotions by using the promotional materials provided from EAGLE. If any materials are created, a digital copy of those materials must be provided to mailto:info@eagleandthealbatross.com 

    7. Theater Bookings: The list of theaters on our website within the Proludio system are able to show the Film without incurring any shipping fees. IF SCREENER chooses a theater that is not listed with Proludio, EAGLE will provide a copy of the Film to the theater SCREENER chooses. EAGLE agrees to pay the shipping fees if SCREENER chooses a theater that is not in the Proiludio system, including the return of the DCP or DVD immediately following their event. SCREENER agrees to connect EAGLE with the theater so EAGLE can manage the shipping.

    8. Representations: EAGLE represents and warrants to SCREENER that EAGLE has full right, power and authority to enter into this Agreement and to render all of the services and satisfy all of the obligations to be rendered and satisfied, respectively, by it hereunder, and there are no claims, facts or circumstances existing or pending which would prevent EAGLE’s full performance of its obligations hereunder.

    9. Indemnification: SCREENER shall indemnify, defend and hold harmless EAGLE, its partners, officers, affiliates, licensees and sublicensees, from any claim, liability, loss or damage, including reasonable attorney’s fees and disbursements, caused by or arising out of any breach or, in connection with a third party claim, alleged breach of any representation, warranty, covenant or agreement of Grantor arising out of the exhibition, promotion, exploitation of the Film, or other rights granted to EAGLE pursuant to this Agreement. Notwithstanding anything to the contrary, SCREENER shall indemnify, defend and hold harmless EAGLE from any activities that take place before, during and after the Screening Date including but not limited to any Tort actions for personal injury, injury to reputation, or invasion of privacy that stem from activities at or near the screening location or in connection with the promotion and advertisement of the Screening Date. The provisions of this clause will survive termination of expiration of this Agreement.

    10. Right of Termination: EAGLE shall have the right to terminate this Agreement immediately upon written notice to SCREENER at which time EAGLE shall return to SCREENER all consideration paid under Section 5.

    11. Governing Law: This agreement will be governed by the commonwealth of Pennsylvania, without reference to conflict of laws provisions. Prior to the institution of litigation, the parties agree to submit any dispute arising hereunder to mediation in Pennsylvania. In the event mediation is unsuccessful and a dispute between the parties to enforce any of the terms of this Agreement proceeds to litigation, the prevailing party shall, in addition to any other award of damage or other remedy, be entitled to reasonable attorney's fees.

    12. Assignment: This Agreement is binding upon EAGLE’s assignees, transferees and successors. SCREENER may not assign or otherwise transfer, by operation of law or otherwise, this Agreement in whole or in part, without EAGLE’s prior written consent.

    13. Miscellaneous: (a) In no event whatsoever shall either party be liable to the other or to third parties for any damages caused, in whole or in part, by the use of the Film or for any revenues, lost profits, lost saving or other direct or indirect, incidental, special, or consequential damages incurred by any person, even if advised of the possibility of such damages or claims.

      1. Except as expressly provided in this Agreement, EAGLE makes no warranty, either express or implied, as to the Film or the use thereof and specifically disclaims all implied warranties of merchantability and fitness for a particular purpose.

      2. All notices, payments, or deliveries called for by this Agreement shall be deemed sufficient upon actual delivery to the address set forth above or upon mailing by registered mail, return receipt requested.

      3. Neither party shall be held liable to the other for failure of performance where such failure is caused solely by supervening conditions beyond that party’s control, including acts of God, civil disturbance, strikes, labor disputes and lawful governmental action. If any provision of this Agreement shall be deemed to be unlawful or unenforceable by a Court of competent jurisdiction, such termination shall have no effect on the validity and enforceability of the other terms and conditions of this Agreement, and the challenged term shall be deemed deleted.

      4. EAGLE and SCREENER are independent contractors with respect to each other and nothing contained herein shall create any association, partnership, joint venture or agency relationship between them. As between the parties, all persons employed by a party in connection with its performance hereunder shall be that party’s employees and that party shall be fully responsible for them.

      5. Except as otherwise expressly provided in this Agreement, nothing herein is intended to create any rights of any kind in any third party.

      6. Notwithstanding anything to the contrary contained herein, EAGLE’s liability to SCREENER shall be limited to proven actual direct damages. EAGLE’s aggregate liability hereunder shall not exceed the cash consideration in Section 5, including reimbursement of expenses, actually paid or payable to EAGLE by SCREENER hereunder.

      7. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

14. Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior statements, representations and agreements on this subject matter. This Agreement may be amended only by a writing that is duly executed by both parties.

The parties have caused this Agreement to be duly executed as of the date of purchase. Your email receipt is your confirmation. Again, thank you for showing EAGLE AND THE ALBATROSS.