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Actual September 1, 1965 contract to build the Batmobile

It is hereby agreed on this 1st day of September, 1965, TWENTIETH CENTURY-FOX TELEVISION, INC., and GREENWAY PRODUCTIONS, INC. thereinafter referred to as "Producer", and LESTER E. TOMPKINS, IRVIN KUNS and GEORGE BARRIS, individuals doing business as Barris Kustom City (a partnership), hereinafter referred to as "Owner", as follows:

1. Owner shall mechanically and structurally construct and modify the interior and exterior of its proto-Lincoln Chassis pursuant to and in accordance with:

(a) Those three (3) certain drawings of the "Batmobile" motor vehicle (hereinafter referred to as "Batmobile I") prepared by Owner at the request and direction of Producer and heretofore delivered to Producer,
(b) Those three (3) certain sketches and one (1) working drawing subsequently prepared by Producer and delivered to Owner which alter and modify said drawings prepared by Owner, and
(c) That certain list of requirements heretofore delivered to Owner by Producer which are to be included in Batmobile I.
Copies of the sketches and working drawing referred to in subparagraph (b) above and a copy of the list of requirements referred to in subparagraph (c) above are attached hereto and marked Exhibits "A" through "B", inclusive, and made a part hereof. Owner shall initial each said exhibit at the place provided thereon concurrently with the execution of this Agreement.
2. Owner is to complete the aforesaid construction and modifications of Batmobile I and deliver said Batmobile I, so constructed and modified, to Producer at 10201 West Pico Boulevard, Los Angeles, California, no later than October 11, 1965.
3. Producer shall pay to Owner the following sums:
(a) Five Thousand Dollars ($5,000.00) upon execution of this agreement by Owner.
(b) Four Thousand Dollars ($4,000.00) if merchandising rights are obtained as provided for in Article 8 hereof prior to the commencement of the pilot motion picture tentatively entitled "BATMAN" (hereinafter referred to as the "Pilot"), or Nine Thousand Dollars ($9,000.00) upon completion of principal photography of the Pilot if said merchandising rights have not been obtained prior thereto.
Said sums are subject to recoupment by Producer from the net profits of merchandising rights, if any, are provided for in Article 8 hereof.
Producer shall not be obligated to utilize the Batmobile I in the Pilot or in the episodes of any television series based thereon. Producer's sole obligation, subject to the terms and conditions hereof, is to pay Owner the compensation herein provided for.
4. If Batmobile I is not constructed and modified, and delivered to Producer, as herein provided for in Articles 1 and 2, respectively, then this Agreement shall be null and void and Owner shall immediately reimburse Producer in the sum of Five Thousand Dollars ($5,000.00).
5. Producer may, without the payment of additional consideration to Owner, retain possession of Batmobile I for such period of time as Producer may require to complete principal photography of the Pilot.
Upon completion of the Pilot, Producer will deliver Batmobile I to Owner as Producer's place of business.
6. Owner grants to Producer the alternative options to (i) either rent Batmobile I from Owner at the rental rate of One-Hundred Fifty Dollars ($150.00) per day (during which rental time Producer shall retain possession of Batmobile I) or, (ii) to require Owner to construct and sell to Producer a motor vehicle (hereinafter referred to as "Batmobile II") which shall be identical, except for the chassis or may be otherwise be mutually agreed upon, to Batmobile I, at a cost of not less than Ten Thousand Dollars ($10,000.00) or more than Twelve Thousand Dollars ($12,000.00). Either of said options may be exercised by Producer by written notice to Owner any time prior to August 15, 1966.
7. Any and all right, title and interest in and to the design of Batmobile I resulting from the application of the required Batmobile features in and to Owner's proto-type Lincoln chassis, save and except the name "Batmobile" and the Batmobile features set forth in Article 10 hereof and in the drawings and exhibits attached hereto, and of the completed Batmobile I provided for in Article 2 hereof, shall forever be vested in and owned jointly by Owner and Producer, subject only to any and all right, title and interest of National Periodical Publications, Inc. (herein referred to as "National Periodical") in and to said Batmobile features in said design.
8. Subject to the approval first had and obtained in writing from National Periodical, Producer shall have the right to acquire and own all or any part of the merchandising rights in and to Batmobile I and II. Merchandising rights are defined herein as the right to license the use of the design of Batmobile I and II in connection with such items as clothing, toys, games, jewelry and replicas thereof.
Out of one hundred per cent (100%) of the gross profits received from such merchandising rights in and to Batmobile I and II Producer shall deduct and pay all costs and expenses incurred in connection therewith and thereafter the net profits from said merchandising rights shall be divided and distributed as follows:
(a) A sum equal to twenty-five per cent (25%) shall be paid to Greenway Productions, Inc.
(b) A sum equal to twenty-five per cent (25%) shall be paid to Twentieth Century-Fox Television, Inc.
(c) A sum equal to twenty-five per cent (25%) shall be paid to Owner.
(d) A sum equal to twenty-five per cent (25%) shall be paid to American Broadcasting Company.
Not withstanding the foregoing division of net profits, if National Periodical demands a percentage of the net profits from the aforesaid merchandising rights, then such percentage shall be deducted pari passu from the shares of Greenway Productions, Inc., Twentieth Century-Fox Television, Inc., Owner and American Broadcasting Company. If American Broadcasting Company waives or refuses its aforesaid percentage of the net profits, then such percentage shall be divided and distributed pari passu to Greenway Productions, Inc., Twentieth Century-Fox Television, Inc., and Owner.
If such merchandising net profits are realized then (i) prior to dividing and distributing any such shares of net profits, Producer shall deduct from such total net profits the sum of Nine Thousand Dollars ($9,000.00) or Fourteen Thousand Dollars ($14,000.00), whichever is applicable, to recoup the cost of constructing and modifying Batmobile I as provided for in Article 2 hereof and (ii) if Producer exercises the option to rent Batmobile I as provided for in Article 6 (i) hereof, Producer shall deduct from such merchandising total net profits from all the rental fees of Batmobile I in excess of Ten Thousand Dollars($10,000.00) to recoup the cost of such excess rental fees.
9. Owner shall have the right, subject to the approval first hand and obtained from Producer, to exhibit Batmobile I. Owner shall send written notice to Producer, to exhibit Batmobile I. Owner shall send written notice to Producer, at Box 900, Beverly Hills, California, stating therein the place and address of, and length of time and dates of such exhibition. Upon receipt of thereof, Producer shall have five (5) business days in which to approve or refuse any such exhibition, If Producer fails to act within such time, Owner may exhibit Batmobile I. Producer shall not unreasonably refuse such approval.
Any proceeds received from such exhibition shall belong to Owner.
If Owner constructs and sells Batmobile II to Producer, then at such time, Owner may exhibit Batmobile I without the approval of Producer as to the time and place, but still must have Producer's approval as to surrounding circumstances that might in any way conflict with the interest of the network, sponsor or Producer.
Producer shall have the right, at its sole cost and expense and without the payment of any consideration therefore to Owner, to exhibit Batmobile I during such times that Owner is not exhibiting the same, and Batmobile II, if ordered, at any time.
10. Nothing herein provided shall limit, restrict or prevent Producer from having other individuals, partnerships or corporations prepare drawings and sketches, to construct and modify, and to sell or lease to Producer other "batmobile" motor vehicles; provided, however, that neither Producer nor such other individuals, partnerships or corporations may exactly duplicate Batmobile I or use the design of Batmobile I or Batmobile II as set forth in the drawings and exhibits "A" through "D", inclusive, or as completely constructed and modified as provided for in Article 1, 2 and 7 hereof, and as resulting specifically from the application of the required batlike features to Owner's chassis except for the use of the name "Batmobile" and such "batmobile" features as the Batface, Bateyes, Batwing Rear Fenders, double cockpit, cockpit arch, jet intakes and exhaust and the requirements set forth in Exhibit "E".
11. Owner shall not sell, license, assign, utilize in any manner or enter in to any agreements or commitments respecting the design as set forth in the drawings and exhibits specified in Article 1 hereof or the design of either Batmobile I or Batmobile II, or both, nor construct or build, in whole or part, duplicates or recognizable modifications of either Batmobiles without the written approval of Producer first had and obtained.
12. Owner represents and warrants:
That either Batmobile I or Batmobile II, or both, shall be modified and constructed by Owner in good, skillful and workmanlike manner, free from defects in material, labor and workmanship, for the purposes for which they are intended, to wit: television motion picture production, and may be operated on public streets and highways free from any dangers inherent therein.
Owner shall indemnify and hold Producer harmless from and against any and all claims, demands or causes of action on account of injury to or death of any person or persons or on account of of damage to or destruction on any property in any wise resulting from or arising out of misrepresentation or breach of warranty or any negligence in the construction and modification of Batmobile I or Batmobile II, or both, so long as Producer makes no substantial modifications thereto.
13. Producer represents and warrants that Batmobile I will be operated only by such agents, servants or employee who are licensed by the State of California to operate motor vehicles.
14. Producer shall indemnify and hold Owner harmless from and against any and all claims, demands or causes of action or on account of damage to or destruction of any property in any wise resulting from or arising out of negligent operation of Batmobile I by Producer's agents, servants or employees.
15. Producer shall be liable for any loss or damage to Batmobile I from any acts or omissions of its agents, servants and employees during such periods as Producer has possession of same and any damage caused thereby to Batmobile I shall be repaired by Producer at its sole cost and expense.
16. Each of the parties hereto shall at their sole cost and expense, maintain or procure and maintain public liability, property and fire insurance on Batmobile I during such times as the parties have possession thereof.
17. Upon completion of the Pilot as provided for in Article 5 hereof to and including the exercise of either of the options provided for in Article 6 hereof, Owner shall at its sole cost and expense, keep and maintain Batmobile I in a neat, clean, orderly and efficient operating condition.
18. Owner may not assign this Agreement without the approval of Producer first had and obtained.
19. This Agreement shall inure to the benefit of Producer, its successors and assigns, forever.
20. The cost of modifications not provided for in Exhibit "E" attached hereto and made after delivery to Producer of either Batmobile I or Batmobile II shall be at Producer's sole cost and expense.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written.
TWENTIETH CENTURY-FOX TELEVISION, INC.
GREENWAY PRODUCTIONS, INC.
BARRIS KUSTOM CITY.

EXHIBIT "E"
BATMOBILE REQUIREMENTS
Owner shall either provide and install or provide for the installation of the following items:
1. The Switches and Hand-throttle knob for the Turbo-electric Drive.
2. The Bing-Bong Warning Bell and Bat-Light Flasher.
3. The Mobile Phone between the seats with Beeper and Flashing Light.
4. The Batscope, with TV-like Viewing Screen on the dash with control buttons and Radar-like Antenna with aimable parabolic Reflector outside, with cockpit controls.
5. Anti-theft System- Flashing Red Lights- Piercing Whistle- Little rockets built into tubes at the back of the cockpit that fire straight up with a fiery whoosh.
6. Anti-fire Control System- Flood of Foam from Secret Nozzle.
7. Turn-off switch for Protection Systems.
8. Radar-like screen that Beeps and Blips and points an arrow as it picks up Robin's directional signal.
9. Mechanics for Emergency Bat Turn- Red Lever so named on Dash- Reverse Thrust Rockets beneath headlights- Ejection Parachute Mechanism at rear.
10. Bat-Ray Projector Mechanism- Lever on Dash so names- Hood Hydraulic Projector Device. (With possibility of ray coming from Bat-Eyes).
11. Portable Fire-Extinguisher.
12. Receiver and Sender Computer to be installed in trunk of Batmobile.
13. Bat symbols on hubcaps.
14. The color of the Batmobile and the Bat Symbols to be placed thereon shall be mutually agreed upon between Owner and Producer prior to the completion of the Batmobile.
15. Special luminescent paint to define Bat outline at night, the placement of which shall be mutually agreed upon between Owner and Producer prior to the completion of the Batmobile.
Accepted:
Barris Kustom City
By George Barris
END
 

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Discussion Starter #2
here is the second page



1966 BATMOBILE

SPECIFICATIONS
Curb weight 5500 lb
Wheelbase 129 in.
Length 225 in.
Width (Front) 84 in.
Width (Rear) 79 in.
Height 48 in.
Fins 84 in.
Current owner George Barris
Current location The Petersen Museum in Los Angeles, CA
Estimated value $1,000,000+
ENGINE & DRIVETRAIN
Engine 390ci, V-8
Transmission B&M Hydro Automatic (2nd transmission)
CHASSIS & BODY
Layout Front engine/rear drive
Tires Used Firestone Wide-Oval, Mickey Thompson and US Royal
Wheels 15x7 single rib Rader cast-alloy five spoke
Second Frame 1966 Ford Galaxie lengthened 11 inches
INTERIOR & EXTERIOR DETAILS
Exterior color "Velvet Bat-Fuzz Black" from Metalflake, Inc.
Trim color 3/4" Fluorescent Cerise
Safety belts Cumming & Sander impact safety belts
Emergency Bat-turn lever Ansen "T" handle in "Candy red"
Gas tank Moon Aluminum tank
Parachute info 2 Deist parachute packs with a 10ft. in diameter parachute
License plates 4 quantity TP-6597, BAT-1, 2F-3567, ZEF 451
Steering wheel Around '67 the wheel was changed to a '58 Edsel
Car stereo Duo-Stereophonic tape deck w/ 6 Muntz speakers
HISTORY
Original car used 1955 Lincoln Futura concept car
Designed by George Barris with input from 20th Century Fox
Customized by George Barris with Gale Black, Bill Cushenbery, "Korky" Korkes, Les Tompkins & Roy "Tubs" Johnson
Cost to modify Futura $30,000
Contractual owners (1965) George Barris, Irvin Kuns, Lester E. Tompkins, individuals d/b/a/ Barris Kustom City
Approx. value in 1966 $125,000
Time to build 3 weeks
BATMOBILE TIMELINE
August 20, 1965 Meeting with George Barris, Charles FitzSimons (from Fox), and Ike Danning (from Fox Transportation Dpt.) to discuss building a Batmobile
August 25, 1965 Batmobile proposal submitted by Barris Kustom City, including 2 sketches. I II
September 1, 1965 Contract signed to build the Batmobile
October 11, 1965 "Batmobile I" completed and delivered
October 18, 1965 Mechanical issues (headlights, battery, exhaust, ignition and tire) with Batmobile logged.
January 12, 1966 Batman airs on ABC TV. Original Batmobile "News Release"
February 3, 1966 First Exhibition of the Batmobile at the Pan Pacific Auditorium in CA.
August 3, 1966 The Batman movie premieres
August 15, 1966 Contract to "construct two copies of the Batmobile."
September 15, 1966 Expiration of the option to either continue renting Batmobile I or to require Barris Kustom City to construct Batmobile II
September 21, 1966 Amended contract regarding exhibition of copies of the Batmobile, and refurbishing of Batmobile I.
October 18, 1966 Patented by George Barris. Patent # Des. 205998
January 11, 1967 Barris in "process of acquiring a fourth Batmobile"
March 9, 1967 Delivered to Barris Kustom City to be "refurbished." Refurbishment included, "put Batmobile I in first-class operating condition by completely refurbishing the interior and exterior of the body...and all mechanical moving parts therein, including the installation of a new engine and drive train."
April 15, 1967 Batmobile due back to 20th Century Fox fully refurbished
June 16, 1967 Barris requesting the intention to acquire an additional Batmobile ..."known as Batmobile #5"
March 14, 1968 Last episode of Batman airs



October '65 pre-production photos




When the pilot started shooting in October (1965), the car wasn't finished and was delivered to the studio with only the primer coat applied. "In the first shots the car was in the black primer, which really didn't come on so strong," said Barris. "They wanted to get more of a gloss on it. We then airbrushed white highlights around the outside edges, but that didn't come out as strong either. That's when we went into the 3/4 inch red fluorescent glow edges to accentuate the Batface and fins. It made it much more dramatic."
Highlights from Cinefantastique magazine, February 1994







Original 1965 Sketches

Original U.S. Patent

Original Batmobile drawing

Original plans



Original plans


Interior

Interior

Digital concept drawing

4 Views

Original Batcave Art


Click on the images above for a larger picture
 

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I've always wondered what the obscure legal reason was for referring to the Lincoln Futura as a "proto-type Lincoln chassis," when in fact it was a finished, fully functioning and driveable car. It's also a bit incongruous to see the Batmobile and its design features described in stilted legalese. Reminds me of the Monty Python skit in which a college professor delivers a dry, scholarly lecture (complete with demonstrations) on pratfalls and pie-throwing!
 

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Interesting info; thanx for posting.

The Peterson Auto Museum is a short walk from my office. Sometimes on my lunch hour I'll wander over to check out the latest exhibit.

If you're a car buff, and you happen to find yourself in the vicinity of Wilshire and Fairfax, it's a fun place to kill a couple of hours.
 

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Discussion Starter #7
i was surprised that i located that document. it was on a batmobile site where they have fan made replicas, in fact, heres a replica batmobile (hopefully not an original one ) that didn't fair so well
 

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spe130 said:
Umm...the Futura WAS a prototype...
Yes, but it wasn't a "chassis," it was a CAR. In fact, IIRC, the body was built on a slightly modified production 1953 Lincoln chassis that had originally been intended for a concept retractable-hardtop Lincoln Continental, until Ford decided to debut that rather dubious feature for 1958 on the Ford Skyliner.
 

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scotpens said:
Yes, but it wasn't a "chassis," it was a CAR. In fact, IIRC, the body was built on a slightly modified production 1953 Lincoln chassis that had originally been intended for a concept retractable-hardtop Lincoln Continental, until Ford decided to debut that rather dubious feature for 1958 on the Ford Skyliner.
The Futura was built in Italy. Do you think they shiped a base car there or built from the ground up?
 

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To build the Lincoln Futura, the bare chassis was shipped to the Ghia coachworks in Italy where the bodywork, interior and electrical stuff was done, then the completed car was shipped back to Detroit. Many American prototypes and concept cars were built in Italy in the 1950s and ’60s, notably the series of one-off specials designed by Chrysler stylist Virgil Exner and built by Ghia. The same method was used for the limited-production Dual Ghia (fancy bodywork on a basically stock Dodge chassis) in the late 1950s. The Chrysler folks called it the "world's longest production line."
 
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