The Big Studio Movie License Terms and conditions

Agreed terms

1. Defined terms

   
   In this agreement:
   
   Church means a place for religious worship that is open to the public. For the sake of clarity, a “Church” expressly excludes any school or educational institution.
   
   Films means the feature films for which Heritage HM owns or controls the non-theatrical public performance rights in Australia or New Zealand respectively and which are available on DVD in Australia or New Zealand from the following studios: Roadshow Films, Warner Bros, Walt Disney Pictures, Sony Pictures Releasing, Hopscotch, Icon and Hoyts Distribution and any other studio which Heritage HM may advise the church from time to time.
   
   Purposes means the purposes of publicly performing the Films where the audience primarily consists of the Church’s congregation (but is not open or advertised to the general public).
   
   Territory means Australia and New Zealand.
   
   Annual license Fee is the amount that the church will pay to Heritage HM annually. It is understood that any increases in this fee upon renewal are linked to the Consumer Price Index (CPI) or given there has been an increase in the number of people attending all church services on an average weekend.
   
   

2. Licence

   
   
   1. Heritage HM grants to the licensee a non-transferable, non-exclusive licence for the non-theatrical public performance by the church at the address stated in the application form for the Purposes from the date of this Agreement and expiring twelve months from the date of this application.
      
      
   2. Despite the above, this licence does not permit the Church to:
      
      
      1. publicly perform a Film at a fundraising event or at any event which is advertised or promoted to people other than the congregation of the Church;
      2. permit any advertising or promotion to be conducted with the public performance of the film outside of the local church environment (i.e radio, television, cinema); or
      3. to publicly perform the film, or permit others to publicly perform the Film using the Church’s facilities as part of programs conducted by a third party.
      4. Duplicate, edit or otherwise modify the movies licensed for public performance purposes under this Agreement.
      
      
   3. Materials - The parties acknowledge that each Church will purchase or rent DVDs of the Film(s) from retail or rental outlets. Churches are welcome to use existing copies of the film(s) already in their possession.
      
      
   4. Music Performance Rights – Heritage HM represents that the public performance rights to each musical composition and sound recording embodied in the Film(s) are either:
      
      1. available for license through the Australian Performing Rights Association ("APRA") and the Phonographic Performance Company of Australia (“PPCA”), or
      2. in the public domain in the Territory; or
      3. controlled by Heritage HM to the extent necessary to permit the church to exercise the rights licensed in this agreement without additional payment for such rights.
      
      
   5. The licensee acknowledges that it must secure at its/their sole cost and expense, all licenses necessary from APRA and/or the PPCA and their NZ counterparts to enable it to publicly perform the Films.
      
      
   6. Heritage HM by notice in writing to the licensee may withdraw any Film(s) from this Agreement because of any dispute, claim or liability relating to the Heritage HM’s ability to supply such Film(s) under this agreement. Upon such notice the licensee will promptly take all necessary action to ensure that this notice is complied with.
      
      
   7. The agreement commences on the date it is executed by the parties and continues until the parties agree in writing to terminate it or until either party gives the other at least 3 months notice of their intention to terminate the agreement.
      
      

3. Governing law and jurisdiction

   This agreement is governed by the law of the Queensland, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the state of Queensland.