The Hobbit TV Spot #3
31 Wednesday Oct 2012
Posted Hobbit movie, News, Richard Armitage, Thorin
in31 Wednesday Oct 2012
Posted Hobbit movie, News, Richard Armitage, Thorin
in26 Friday Oct 2012
Posted Hobbit movie, News, Richard Armitage, Thorin
inTags
bilbo, dwarves, gandalf, martin freeman, news, screencaps, trolls, tv spot, video
WarnerBrosPictures uploaded TV spot #2 today with new scenes of Bilbo and the talking trolls, as well as a few new frames here and there.
Screencaps below (or in gallery form here):
26 Friday Oct 2012
Posted Discussion, Hobbit book, Hobbit movie, News, Richard Armitage, Thorin
inTags
arkenstone, azanulbizar, azog, bilbo, collider, dwarves, gandalf, gates of moria, interview, news, richard armitage, spoilers, thorin
With the overload of Hobbit interviews and set reports yesterday, I haven’t had time to read most of them, but I did manage to squeeze in this one from Collider. Fans of dwarves, and Richard Armitage, should be very pleased. Some speculations were confirmed, expectations met, and fears alleviated (or at least mine were).
As usual, Armitage has been immersing himself in the role, going deeper into the motivations of the character than some might expect. To his fans, this is nothing new. He regularly writes character biographies and does a significant amount of research for each part he plays (check out Vulpes Libris for an interview showcasing this dedication). But what many of his fans have yet to discover (despite a year’s worth of my propaganda) is how perfectly matched the role of Thorin is for the type of character he typically inhabits. And the reverse is true as well. Skeptical Tolkien fans (I know you’re still out there) are in for a pleasant surprise.
We are continually reminded, in the film’s promotional material, that Thorin is a great warrior, and from this we get the impression he is one of the heroes. Viewers may (especially if they have not read the story) assume a certain code of behavior will go with this hero status, but Thorin does not remain simplistically altruistic in the book (today’s heroes are rarely expected to be ill-mannered, or nearly kill one of their companions in a fit of rage). But as Armitage points out, “I think that’s the beauty of Tolkien. He does create very well-rounded, quite dangerous characters to play his protagonists…” (MTV). Thorin defies easy categorization, walking that fine line between protagonist and antagonist. He can be petty and pompous, but also genial and gracious. He is a determined and fair leader, but not a particularly gifted tactician. He has moments of great bravery, but he will volunteer others for risky or tiresome tasks. Overall, he wants the best for his people, but will also jeopardize the lives of all his companions to get back what is his own. In short, he is a perfect fit for an actor like Armitage, whose recipe for a successful hero has been to “look for all the flaws, for the dark side to the hero. And then with the bad guy you look for the good side of the bad guy,” (Scotsman Magazine). Given Armitage’s desire to invest characters with an interesting duality, I’m sure Thorin will come across as even more conflicted than the text makes apparent. But where is all this inner turmoil coming from?
Hopefully we will get some visual reminders that Thorin has not had an easy reign:
“…there have been moments of taking him out of the present, sort of projecting his mind into the future, but also into the past, because of the trauma of the dragon coming to the mountain, he carries that with him as well. And there aren’t many on the quest that have seen Erebor, and experienced that holocaust that happened. So he has all of this inside of him.”
And if that doesn’t sound serious enough, check out his mental model for dwarf annihilation:
“I’ve used Hiroshima, actually, as an inspiration for that kind of devastation that drove them away from their homeland. So yeah, that’s been Thorin’s driving force.”
Even when the external threats subside, there remains the private fear of failure:
“…I think the burden of taking his people back to their homeland, which is so massive, makes him a lonely figure, I think. Knowing that his grandfather failed, and his father failed, so if he doesn’t do it, there’s no other member of his line that will ever do this. So he will continue through history as the king that failed to achieve the potential for his people.”
We’ve surmised as much from the brief clip in vlog 8, but Thorin will be getting some flashback scenes:
“But because I play the character younger as well, deciding how to portray that, the fight style has been a way of doing that. So when he’s a younger dwarf, he fights in a completely different way to when he’s older. He’s much more crazy and berserk, and as he’s got older, it becomes more efficient, so he doesn’t waste any energy. It’s a very heavy, disciplined way of fighting.”
So where, and who exactly, is he fighting?
“We did some fighting, which was basically part of a prologue of when the dwarves take the gates of Moria, and it was a great day walking onto second unit, and he [Andy Serkis] had Orcs on this mound and he was rallying them to start this battle cry, and wind machines going, and blood everywhere. It was a really good day.”
That’s right folks, the GATES OF MORIA! The stinking Battle of Azanulbizar is going to happen in some way, somehow. Hopefully it will be more than just 30 seconds long. Presumably Azog will be there in force:
“…I think he’s thinking less about the gold and more about his people and his own personal agenda with his grandfather, his father, and his nemesis Azog who slaughtered his grandfather.”
The mention of Azog as a “nemesis” is interesting (sort of implies he is still an active problem, rather than dead and beheaded), but as there has been so much confusion (from the fans’ point of view anyway) about the current status of that character, I’m letting the topic rest for now.
He also recognizes that his character has an almost genetic predisposition to “dragon sickness”:
“I think knowing that his father and his grandfather have been touched by this dragon sickness, which doesn’t necessarily affect all dwarves, but some dwarves are susceptible to it. It’s this attraction to gold which becomes their downfall, has always been at the back of his mind….I’ve looked at drug addiction, and along those lines, so that it actually has a physical effect on him, his mind and his body. But I think because he’s been a very heavy, melancholic character, I think the gold is going to change that, and it’s going to sort of bring him to life and make him the king that he should be, and more vibrant. But it comes at a price….”
Part of that cost involves a certain artifact, which is beyond any price:
“The Arkenstone is certainly something which he covets and craves. And he knows that without that gem, he can never truly be king. So that takes on a real significance, like a talisman that he obsesses over in a similar way to the Ring. But he doesn’t really carry that through the story with him [the way Frodo did], it’s just something that he’s going towards.”
I was very relieved to see confirmation that the Arkenstone is in the movie, and the acknowledgment that it is vaguely similar to the Ring. To an outsider, the Arkenstone is an exceedingly impressive glowing gemstone which sparks desire in the hearts of those who look on it. But the desire can be overcome with a little effort (both Bilbo and Bard manage it). To the Heir of Durin, on the other hand, it represents everything. Found within the Lonely Mountain by Thorin’s ancestor, it is the focal point of his people’s pride, and his own sense of self and place. But most importantly, it gives his character an exploitable weakness. The dispute over the Arkenstone is the flashpoint from which Thorin cannot return unscorched.
It may not be clear if you aren’t up on your dwarven origin stories, but Armitage makes an interesting suggestion as to why dwarves build their kingdoms, and everything else, on such a grand scale:
“They’re compensated for the fact that they are a secret forbidden race that was nearly destroyed. And the Elves have their privileged existence, this almost spiritual existence, and the dwarves have to really fight for their place. And so they do it by aggrandizing their environment.”
And what happens when you drag dwarves into a hobbit hole, such as Bag End?
“Dwarves don’t belong in a cozy, domestic situation. They belong in giant halls and on a battlefield. And so, to be in a kind of cottage-y, strange place, it was all very useful, the aggravation at being brought here to take this little strange person on a quest, which is monumental to them. This little fellow that he’s being forced to take on board is such a big frustration.”
So why do we need that pesky little hobbit anyway? It shouldn’t be a surprise to anyone who read my post from last week that Thorin will be more balky about taking Bilbo:
“They’ve used a lot of the appendix in Lord of The Rings. I think there’s two versions of this chance meeting between Thorin and Gandalf which happens prior to this story, which I’ve certainly used. We’ve discussed the hobbit, and why we need to take him. But in terms of this story, it does unfold as we go along that we need a hobbit to go in to try and find the Arkenstone. Because the dragon will not recognize the smell of a hobbit, whereas he knows very well the smell of a dwarf. And there’s a possibility that they may be lighter on their feet, and more able to get in there. But it’s kind of a loose project for Thorin to accept, I don’t think he’s ever bought that.”
While I expected conflict between Thorin and Gandalf, the next few quotes twist it in a direction that is almost opposite of the book:
“I think he needs Gandalf to go on the quest, and if Gandalf says they’ve got to take this hobbit, then fair enough. ‘Cause he can’t really do it without him, because Gandalf has the map and the key, and he’s kind of hoodwinked into doing it. But all the way along, there is this antagonistic relationship between Thorin and Gandalf. I think Thorin is trying to prove that Gandalf isn’t correct, and most of his assumption is that he’s trying to usurp his leadership. When Gandalf isn’t there, Thorin really becomes a leader, and when he turns up, he has to be subservient, and it’s not something that he likes at all.”
I never got the impression in the original story that Thorin minded Gandalf’s occasional leadership, in fact the reverse seemed to be true. For all his irascibility, he had little problem following Gandalf’s lead, or even Bilbo’s lead, if he came up with a better plan than Thorin had. While it actually makes sense that a strong leader would have issues sharing power, it’s also somewhat futile to ask for help and then be chaffing every time you’re given direction on how to proceed. On the other hand, it does sound like the way the less passive and more openly suspicious Thorin in “Quest of Erebor” would behave, if he had gone on the journey, instead of the one from Bilbo’s tale 🙂
23 Tuesday Oct 2012
Posted Hobbit movie, News, Richard Armitage, Thorin
in17 Wednesday Oct 2012
Posted Discussion, Hobbit book, Hobbit movie, Richard Armitage, Thorin
inTags
bilbo, dwarves, essay, gandalf, ian mckellen, interview, quest of erebor, richard armitage, screencaps, thorin, unfinished tales
The image above is a visual clue that not all is well between the main protagonists in The Hobbit: An Unexpected Journey. Gandalf and Bilbo form a relatively good-natured unit, while Thorin is left separated (however slightly) with an incredulous look aimed at Gandalf. In Tolkien’s Hobbit, the conflict between Gandalf, Bilbo, and Thorin is given relatively little attention until right before the Battle of Five Armies, at which point divided loyalties, questions of honor, and loss of trust lead to a stand-off at the gate of Erebor. Assuming the plot of the film will follow the book (a hefty assumption at this point), the betrayal of trust Thorin suffers when Gandalf appears holding up the stolen “Heart of the Mountain” is one aspect of the story which I am most looking forward to watching on screen. The question is, with three movies in the works, will we have to wait years for these matters of trust to take center stage, or will there be an echo of this conflict as early as An Unexpected Journey?
We already know the film contains enough external adversaries (including some not in the original story) that there seems little need to showcase conflict within the Company itself, yet Richard Armitage has mentioned that Thorin’s character “…comes to know himself through his evolving relationship with Bilbo and his deteriorating relationship with Gandalf….” From this we may surmise that the Gandalf/Bilbo/Thorin dynamic will be given proper attention.
While it is true there is little conflict between Gandalf and Thorin at the beginning of Tolkien’s Hobbit, the difficulty Gandalf faces in winning Thorin’s trust, and convincing him to take Bilbo along, evolved into a bigger issue in his later writing. “The Quest of Erebor”, a collection of story fragments in Unfinished Tales of Numenor and Middle-earth, deals with events and motives leading up to the dwarves’ arrival at Bag End (as told years later by Gandalf to members of the Fellowship). In it, Gandalf explains what Thorin and the dwarves were really thinking when they met Bilbo, rather than what Bilbo perceived.
There is a question as to whether or not the filmmakers have rights to this material, but my feeling has been (and still is) that they will incorporate some of the general ideas present in this work (although the details and dialog may be different). Note that there are multiple versions of Gandalf’s account, each containing slightly different timelines and dialog. I have chosen to mix quotes from each section below.
In “The Quest of Erebor”, Thorin starts out with high hopes upon meeting Gandalf (they both want to bring about the end of Smaug), but he becomes perplexed and disgruntled when Gandalf proposes they use a hobbit as their secret weapon. Thorin and his fellow dwarves consider hobbits to be of little use except as food-growers. Gandalf’s choice to involve Bilbo is due in part to sudden inspiration, but his other motivation is to teach Thorin a lesson about hobbits. As he explains:
“Indeed I think it was annoyance with his haughty disregard of the Hobbits that first put into my head the idea of entangling him with them.”
Having seen the sort of courage hobbits can muster when pressed, Gandalf believes Bilbo is a more likely candidate than his appearance suggests, but Thorin and the dwarves remain dismissive of the idea. When the majority of Gandalf’s attempts to justify his choice—hobbits are stealthy, and their scent is unknown to Smaug—falls on deaf ears, he gets angry with the dwarves’ stubbornness:
“If you persuade this Hobbit to join you, you will succeed. If you do not, you will fail. If you refuse even to try, then I have finished with you. You will get no more advise or help from me until the Shadow falls on you!”
Gandalf puts the burden of encouraging Bilbo to join the Company on the dwarves’ shoulders, even though this is the last thing Thorin cares to do. Thorin has only the rumor of the wizard’s wisdom to go by, and it all comes down to whether or not he trusts Gandalf. Reluctantly, he finally agrees to go to the Shire:
“Very well, I will come. Some foresight is on you, if you are not merely crazed.”
Anticipating their negative reaction, Gandalf tries to prepare Thorin and the dwarves for the meeting by giving them this warning:
“You must come with good will, not merely in the hope of proving me a fool. You must be patient and not easily put off, if neither the courage nor the desire for adventure that I speak of are plain to see at first sight. He will deny them. He will try to back out; but you must not let him.”
Already unenthusiastic about the idea, this makes Thorin even more defensive:
“If I had not given my word, I would not come now. I am in no mood to be made a fool of. For I am serious also. Deadly serious, and my heart is hot within me.”
Unfortunately for Gandalf, Thorin’s fragile trust is nearly shattered upon meeting Bilbo:
“He is soft…soft as the mud of his Shire, and silly. His mother died too soon. You are playing some crooked game of your own, Master Gandalf. I am sure that you have other purposes than helping me.”
Contrast this openly accusatory Thorin of “Quest” with Thorin in the original story, who, at most, becomes slightly condescending toward Bilbo when the hobbit faints at the mention of mortal peril.
In Tolkien’s Hobbit, there is no sign of Thorin’s early distrust of Gandalf, except perhaps briefly, when Gandalf reveals having long possessed the map and key of Thror and Thrain. But even then, Thorin quickly accepts his explanation without issue.
Meanwhile, the Thorin in “Quest” is unwilling to be misled. Gandalf admits that his suspicions are partly correct:
“If I had no other purposes, I should not be helping you at all.”
Having been given the map and key, Thorin is quite ready to go on the quest without the “foolish business” of the hobbit. But the wizard is certain the success of everything depends on whether or not Bilbo goes along. Having exhausted attempts at rational entreaty and threats, Gandalf concludes with a more personal plea, even though he doubts it will do any good.
“I can say no more—unless it is this: I do not give my love or trust lightly, Thorin; but I am fond of this hobbit, and wish him well. Treat him well, and you shall have my friendship to the end of your days.”
Whether or not Thorin believes the friendship of Gandalf is worth the concession, the loyalty the wizard shows toward Bilbo strikes the right cord with him (even if he cannot yet feel the same himself):
“Very well…he shall set out with my company, if he dares (which I doubt). But if you insist on burdening me with him, you must come too and look after your darling.”
A less obnoxious manifestation of this passage might be heard in Thorin’s lines from the first trailer; “I cannot guarantee his safety…nor will I be responsible for his fate,” which is a sort of passive/aggressive way of encouraging Gandalf to tag along to ensure nothing happens to Bilbo.
But Gandalf in “Quest” has the matter of the White Council on his mind, and can’t afford to stay with them throughout the journey, though he promises this much:
“I will come, and stay with you as long as I can: at least until you have discovered his worth.”
A new description of Gandalf from Weta Workshop summarizes the situation in similar terms:
Needless are none of the acts of the Wizard, so when he councils Dwarf king in exile Thorin Oakenshield to enlist the services of Mister Bilbo Baggins as a burglar in his quest to reclaim his birthright from the dragon Smaug, it is done with a keen insight into the sheltered Hobbit’s qualities and an understanding of how crucial these will be to their success. The Hobbit impresses Thorin Oakenshield little upon their first meeting, but, despite his misgivings, the Dwarf knows enough of Gandalf to credit him with good reasoning, and indeed it will not be long before Bilbo Baggins’ mettle is tested and the Wizard’s wisdom proven.
As far as the on-screen relationship between Gandalf and Thorin, we know from a report by AICN that Thorin does have respect for him, even before they arrive at Rivendell. But this respect is jeopardized by his own prejudice against hobbits, as the latest description from The Hollywood Reporter bears out:
Bilbo Baggins…eavesdrops from behind a tree as dwarf leader Thorin Oakenshield scornfully denounces him for deserting his comrades in arms. “We will not be seeing our hobbit again,” sneers Thorin at Gandalf. “He is long gone.”
It appears we will see more blatant skepticism on Thorin’s part than in the original story, but maybe not quite to the level of calling Gandalf “crazed” as he does in “Quest”. I believe Thorin will want to trust Gandalf, but must first overcome the challenge of taking Bilbo seriously.
[Quotes from “Quest of Erebor” – Tolkien, J.R.R. Unfinished Tales of Numenor and Middle-Earth. New York: Houghton Mifflin, 1980.]
Update 10/27: The latest interviews with Ian McKellen and Richard Armitage mention the conflict between their characters will be a recurring issue.
Ian in Collider.com
“The overall view is, ‘I better keep an eye on these dwarves.’ Particularly Thorin, who is a bit out of control, and not easily managed. So that’s clearly an ongoing relationship. Will Thorin do it Gandalf’s way, or will Gandalf have– Gandalf loses his temper with him at one point.”
Richard in Collider.com
“They’ve used a lot of the appendix in Lord of The Rings. I think there’s two versions of this chance meeting between Thorin and Gandalf which happens prior to this story, which I’ve certainly used. We’ve discussed the hobbit, and why we need to take him. But in terms of this story, it does unfold as we go along that we need a hobbit to go in to try and find the Arkenstone. Because the dragon will not recognize the smell of a hobbit, whereas he knows very well the smell of a dwarf. And there’s a possibility that they may be lighter on their feet, and more able to get in there. But it’s kind of a loose project for Thorin to accept, I don’t think he’s ever bought that. I think he needs Gandalf to go on the quest, and if Gandalf says they’ve got to take this hobbit, then fair enough. ‘Cause he can’t really do it without him, because Gandalf has the map and the key, and he’s kind of hoodwinked into doing it. But all the way along, there is this antagonistic relationship between Thorin and Gandalf. I think Thorin is trying to prove that Gandalf isn’t correct, and most of his assumption is that he’s trying to usurp his leadership. When Gandalf isn’t there, Thorin really becomes a leader, and when he turns up, he has to be subservient, and it’s not something that he likes at all.”
The mention of using Bilbo to specifically retrieve the Arkenstone is a new twist. It actually makes more sense that way. In the original, Bilbo was sent in to steal stuff from Smaug, but that’s going to an awful lot of trouble just to get a few random bits of treasure.
Richard once described Thorin as being paranoid, and now we begin to see that coming to the fore with his fears about Gandalf. It’s quite a personality shift from the original version in The Hobbit.
10 Wednesday Oct 2012
Posted Fan Art, Hobbit book, Hobbit movie, News
inI happened to check the gallery for The Hobbit Design Contest the other day, and was displeased! Not nearly enough dwarf goodness for my taste. There are a few great dwarf entries already, one of which is one of my all time favorites, but dwarves need more representation! I added my own drawing of Thorin to the entires yesterday, not because I think it’s what they are looking for (pretty lame in the creativity department) but because I wanted to see how hard it was to enter something (easy enough, just download the Photoshop template and follow the directions on the site). Seriously, I know there are hordes of creative people here who love dwarves, and some of you can even make stunning art in an hour or two (I hate you for it, but love your art). So no more excuses, make me proud!
02 Tuesday Oct 2012
Posted Discussion, Hobbit movie, News
inWeta is making a high end prop replica of Bilbo’s Contract (a little too high end for my budget at the moment). If anyone would like to buy one of these and send it my way and tell me exactly what is on it, it would be greatly appreciated! Until that time, there are some close-ups, plus an image of the entire thing (which is low-res enough to make reading it almost as difficult as it was the first time). I’m going to leave the original post unmodified as a testament to the group effort it took to get to that point (and also because it gets corrupted each time I try to edit it).
Update: News that the Noble Collection is offering its own version just appeared on TORn, and with it an extremely helpful high-res image of much of the document (which you will be able to order this month for around $40). This post has now been updated with corrections based on this (I’m happy to say there were not many). Notes from the margins have been added.
Additional Update: Pictures of the Weta Contract were taken by Jack Machiela, and can be seen on Middle-earth News. Further additions and corrections have been made. The final sections will be added shortly. 10/8/12: The majority of the contract is now transcribed below.
1. Conditions of Engagement {fine print}: In role as Burglar for Thorin and Company, or in any other role they see fit, at their sole discretion from time to time.
Agreed hereto, freely and under neither duress nor force nor coercion
nor extortion nor threat to life and/or limb, and superceding any prior
contract, agreement or undertaking, survivable clauses notwithstanding, signed and witnessed below, as set forth hereunder:
{fine print}: And as appended to from time to time at the sole discretion of the Director, with all new material being read as if originally included herein.
2. I, the undersigned, [referred to hereinafter as Burglar] agree to travel
to the Lonely Mountain, path to be determined by Thorin Oakenshield, who
has a right to alter the course of the journey at his so choosing, without prior notification and/or liability for accident or injury incurred.
{fine print}: Burglar agrees that any and all information given him by the Company remain Strictly Confidential
{fine print}: All conditions imposed herein are deemed to survive loss or destruction of this Document, whether by…
3. The aforementioned journey and subsequent extraction from the Lonely
Mountain of any and all goods, valuables, and chattels [which activities are described collectively herein as the Adventure] shall proceed in a timely manner and with all due care and consideration as seen fit by said Thorin Oakenshield and companions, numbering thirteen, more or less, to wit, the Company.
{fine print}: No recompense for loss of income due to any extended absence applies. Burglar is ‘at the Service’ of Thorin and Company until released therefrom.
{fine print}: …accidental or willful mishap, and any reconstruction, re-wording, updating or improvements for additions made
4. Burglar holds harmless and without blame in perpetuity the Company
and its successors for any notoriety, incarceration, or proceedings brought against, in regard to, or as a result of the Adventure or any activities related thereto.
{fine print}: Also includes slander, libel, loss of face or of social standing in country of Burglar’s origin.
{fine print}: Remedies shall similarly not be sought for any unlooked for misfortune befalling Burglar’s home during his absence.
5. Cash on delivery up to and not exceeding one fourteenth of the
total profit [if any].
{fine print}: Not including any of the gross paid to other parties in lieu of royalties or help and provisions given or loaned.
{fine print}: See also attached clause regarding early termination
{fine print}:…shall include a condition similar to this condition, notwithstanding any repetition, redundancy, over-statement or implication hereby recognized or disclosed.
{left margin}: Any and all damages brought against the Company by third parties, whether during the course of the Adventure or subsequent to it, shall be bourne by the Company and the Burglar on a pro-rata basis, but the reverse situation does not apply.
6. All traveling expenses guaranteed in any event.
{fine print}: But refer to attached and appended conditions, clauses and riders regarding any Return Journey
{fine print}: ‘Traveling expenses’ shall be understood to mean basic fare as seen fit by the Company. ‘Luxury’ catering or accommodation over and above this standard shall be employed only at Burglar’s…
7. Funeral expenses to be defrayed by us or our representatives
if occasion arises, and the matter is not otherwise arranged for.
{fine print}: …considerable [but justifiable] expense.
{fine print}: Basic funeral to ‘commoner’ or peasant standard is provided for only. Lavish ceremonies, and jeweled or gilded coffins not provided. Plain pine box is the normal standard.
{right margin}: Transport of any remains, in whole or in part, back to Burglar’s country of origin is not included.
{left margin}: Furthermore, the Company shall retain any and all Recovered Goods until such a time as full and final reckoning can be made, from which the Total Profits can then be established. Then and only then, will the Burglar’s fourteenth share be estimated and divided.
8. Burglar shall devise means and methods to circumvent any difficulties
arising from any illegal or illicit occupation or guardianship of Company’s
rightful home and property. Successful disposal of any such guardian, creature or squatter in said home shall not necessarily earn any additional monetary or fiscal reward, but will definitely guarantee Burglar (if he survives) and Burglar’s family the undying gratitude and promise of service in perpetuity and forever of the Company and its successors.
{fine print}: A plaque shall be erected and dedicated in Burglar’s honor if he meets an untimely end in attempting this feat.
{fine print}: Material size and location of such a plaque is to be decided at Director’s sole whim and desire.
{fine print}: Present Company is not obliged to assist Burglar in this so called ‘pest control’ phase of the Adventure.
9. Eviction or elimination of any undesirable guardian of Company’s
property, goods or premises or holdings, shall take priority over the recovery of said property, goods, premises or holdings, should such a guardian be encountered. Elimination shall take priority over eviction in any and all cases.
{fine print}: Unequal relative stature of Burglar and any discovered hostile guardian, occupier or squatter shall not constitute or be considered as grounds for refusal nor excuse against undertaking the forceful removal of said undesirable guest.
10. Burglar hereby accepts, warrants, and undertakes responsibility for
his own shoes [if worn by same], clothing and personal effects for the duration of the Adventure.
{fine print}: Any item borrowed [intentionally or not] by Burglar during the Adventure shall be returned upon journey’s completion in condition or conditions similar to that/these when borrowed, or appropriate recompense made to the Company or its successors.
11. Meals provided [or not] at the sole discretion of the Director,
with due respect for availability, season, or any special dietary
requirements not disclosed at the outset.
{fine print}: ‘Meals’ here shall refer and shall be restricted to breakfast, luncheon, and evening dinner. So-called second breakfast, morning or afternoon tea, or late supper are not included.
{fine print}: Company is prepared to sample Burglar’s wines, ales, beers, and meads; in short, any beverages of a non-perishable nature, and if found acceptable, to transport such beverages at Company’s own expense.
{right side margin}: And for Company’s own consumption.
{fine print}: In such opportune circumstances, Burglar is naturally entitled to partake of what has essentially become common fare – up to one fourteenth part thereof, or less, but not more.
{left side margin}: Burglar acknowledges and agrees that each item of the Company’s valuables, goods, money or merchandise which he recovers from the Lonely Mountain [the ‘Recovered Goods’] during the term of his engagement with the Company, shall remain the Property of the Company at all times, and in all respects, without limitation.
12. The Principles agreeing to this contract, namely the Company, [as
represented by Thorin Oakenshield] and the Burglar, and known collectively
henceforth as the Parties, shall signify their agreement to all clauses
contained herein [the Conditions of Engagement] by signing or making their
marks in the spaces provided for so doing, and affixing seals if applicable.
The Witnesses to this Contract, being those others whose signatures, marks or seals are affixed hereto, affirm, state, and declare their understanding and unbiased agreement to all that is contained herein.
{fine print}: Conditions subsequently appended or added to this Contract are automatically assumed to be agreed upon as if they were present,
read and understood at the signing and witnessing hereof.
13. Confidentiality is of utmost importance and must be strictly
maintained at all times. During the course of his employment with the Company, Burglar will hear, see, learn, apprehend, comprehend, and, in short, gain knowledge of particular facts, ideas, plans, strategies, theories, geography, cartography, iconography, means, tactics and/or policies, whether actual, tangible, conceptual, historical or fanciful. Burglar undertakes and agrees to maintain this knowledge in utmost secrecy and confidentiality and to neither divulge nor make known said knowledge by any means, including but not limited to speech, writing, demonstration, re-enactment, mime, or storage and retrieval within means or apparatus currently known or unknown, or as yet unthought of.
{fine print}: Company may modify or adjust this Agreement from time to time at its sole discretion, with or without notice to Burglar.
{Left side margin}: The Witnesses shall be nominated, chosen, and selected by the Director of the Company, currently Thorin Oakenshield, and no correspondence on the matter will be entered into.
14. Early termination of this Contract shall attract an early termination
fee to be determined by Thorin and Company at their sole and absolute
discretion. All clauses contained herein shall survive such termination and
remain enforceable in all countries whether existent now or in the future,
throughout the known world.
{fine print}: Each of the Parties severally represents, warrants, and covenants, that the Party possesses the ability and right to enter into this Agreement and fulfill the obligations set forth herein, and has not made any commitment with respect to the matters here discussed that are in conflict with this Agreement.
{right side margin}: Burglar may not modify or change the Agreement
except by a writing signed by both Parties.
15. Disputes arising between the Contract Parties shall be heard and
judged by an arbitrator of the Company’s choosing and all pleas shall be pleaded, shrewed, defended, answered, debated, and judged in the Dwarvish Tongue.
{fine print}: This Agreement does not obligate the Company to seek out or retain the services of the Burglar. The Company makes no promises nor representations whatsoever as to the amount of business Burglar can expect at any time in the future under this Agreement.
16. In the event of a dispute arising in relation to the terms of this
agreement, the non-prevailing party shall reimburse the prevailing party
for all reasonable fees and costs resulting therefrom.
{fine print}: Remedies shall similarly not be sought for any unlooked for misfortune befalling Burglar’s home during his absence.
{fine print}: Let the present instrument be cancelled if the said Burglar refrains from asking or exacting payments of the aforesaid amounts of money or goods for the space of one year after the time limit has elapsed for asking or obtaining the payment.
17. If any provision of this Contract is held unenforceable then such
provision shall be modified to reflect the parties’ intention. All remaining
provisions of this Contract shall remain in full force and effect.
{fine print}: If two or more provisions of this Contract conflict, Company shall decide which shall take precedence.
{fine print}: Burglar agrees to execute all papers and to perform such other acts as Company may deem necessary to secure for Company or its designee the rights herein assigned.
{right side margin}: Modified conditions are fully enforceable
and carry no less weight than any unmodified conditions contained herein.
18. The failure by one party to require performance of any provision
herein shall not affect the party’s right to require performance at any
time thereafter, nor shall a waiver of any breach or default of the Contract
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
{fine print}: The compensation received by Burglar from the Company in connection with tasks performed pursuant to this Agreement will be the Burglar’s sole claim and interest regarding the Adventure and services performed hereunto, and Burglar will not be entitled to any royalty or further compensation, for any reason.
19. Wherefore each of the parties agree that any action in relation
to an alleged breach of this Agreement shall be commenced within one
year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one [1] year time period shall be barred, without regard to any other limitations period set forth herein.
{fine print}: Breaches of any provision or provisions of this Contract by either Party shall be heard, pleaded, debated, defended, answered, and judged in a country of the Company’s choosing, and at a time and date of the Company’s choosing. Burglar’s failure to appear constitutes acquiescence with Company’s ruling on the matter.
20. All conditions imposed herein are deemed to survive loss or
destruction of this document whether by accidental or willful mishap, fair
means or foul, and any reconstruction, re-wording, up-dating, or improvements or additions made shall include a condition similar to this condition, notwithstanding any repetition, redundancy, overstatement or implication hereby recognised or disclosed.
21. Any and all damages brought against the Company by third parties,
whether during the course of the Adventure or subsequent to it, shall be
bourne by the Company and the Burglar on a pro-rata basis, but the
reverse situation does not apply.
{fine print}: Burglar indemnifies and holds harmless the Company and its successors in all matters relating to charges brought against it…in relation to this or any other Adventure.
22. No recompense for ‘loss of income’ due to an extended absence shall apply. Burglar is deemed to be ‘at the service’ of Thorin and Company until released therefrom.
{fine print}: Adventure undertaken at Burglar’s financial as well as personal risk.
{fine print}: It is assumed that Burglar will already possess and carry upon his person at all times an assortment of skeleton keys, wedges, pry-bars, masks, disguises, and other ‘tools of the trade’, and obtain same or remedy any deficiency by burglarious means and endeavors.
23. Specialist equipment required in the execution of duties in his
professional role as Burglar shall be purchased, procured, purloined or
obtained by Burglar, by whatsoever method Burglar sees fit.
{fine print}: Company may provide, for hire, equipment at its disposal. Rates to be negotiated at the time of hire.
{right margin}: Lanterns, lamps, torches, and any other equipment considered a fire risk shall be lit and operated by the fire safety officer nominated by the Company.
24. Weaponry not provided. Although the Adventure is, by its nature, a
stealthy undertaking, combat or self-defense is not unforeseeable, and
indeed may become necessary, well-advised, important, imperative or inescapable.
Accordingly, Burglar should arm himself as best befits his stature, ability, ferocity bravery, timidity, conviction and determination.
{fine print}: Company may provide swords, axes and the like, for hire at rates to be determined at its sole discretion, and subject to change without notification.
{fine print}: personal armour, mail, shields, vambraces, helmets and the like are similarly the Burglar’s own responsibility and shall be furnished by said Burglar.
25. Return Journey is deemed outside the Terms of Reference encompassed
herein, and accordingly Burglar shall return to his place of residence by his
own means, guidance, expertise and expense, but with such directions, advise and goodwill as can be offered by the Company.
{fine print}: All provision, expenses, and necessities for any return Journey shall be sourced, found and paid for by the Burglar. Provision of Transport for Burglar and/or portage of Burglar’s goods to be negotiated separately, and are in no way included or implied herein.
26. Transport provided in the form of of one [1] pony, to be returned in good
condition at the conclusion of the Adventure [or monies paid in lieu thereof].
{fine print}: portage provided for one large or two medium sized bags. Additional baggage incurs portage fees at current rates.
{right margin}: Portage rates for excess baggage on main trip, or any baggage on return trip calculated by linear dimensions or by weight, whichever is the more expensive.
{left margin}: Pipeweed and other such luxury items shall be provided by Burglar; indeed not only for himself, but for the other members of the Company if such can be obtained along the way by means pertinent to his profession.
{left side panel}: Wherefore and for which the Company promises the whole amount, to give and to pay to Burglar or to Burglar’s accredited messenger one fourteenth of total profits, if in gold then good and of correct weight, and if other than gold, then of good quality and of correct and proper measure, within one year of the completion of the Adventure.
If, however, Company does not make good on payment herein set forth, Company becomes liable for the whole amount, to give to Burglar, making the stipulation, the penalty of the double of the said amount, the aforesaid conditions remaining as settled. Furthermore, Company pledges to Burglar as security for the aforesaid promises all its goods existing and future.
The above is binding with the exception and special reservation that if the amount of goods, property, and merchandise paid thereby is transported by a third party [or indeed by parties of any other denomination or enumeration], whose safety cannot be guaranteed in any case, and furthermore the said goods, property, and merchandise fail to arrive at the destination nominated by the Burglar, then and in such a case the present instrument is cancelled, void, and of no value.
Let the present instrument also be cancelled if the said Burglar refrains from asking or exacting payments of the aforesaid amounts of money, goods, property or merchandise for the space of one year after the time or the time limit has elapsed for asking, exacting or obtaining said payment.
Without limiting the foregoing, Burglar expressly and forever waives any and all claims that Burglar may now or hereafter have in respect and in any jurisdiction to the so-called “Moral Rights” with respect to the Recovered goods. Burglar understands that he embarks upon this Adventure at his own financial as well as personal risk.
27. Adventure undertaken entirely at Burglar’s own risk. Present Company
shall not be liable for injuries inflicted by or sustained as a consequence thereof, including, but not limited to, lacerations, evisceration, incineration.
Signed: Thorin son of Thrain
Witnessed: Balin son of Fundin
Burglar: Bilbo Baggins
28. Each of the Parties Severally represents, warrants, and covenants that the party possesses the ability and right to enter into this Agreement and fulfill the conditions set forth herein, and has not made any commitment with respect to the matters here discussed, that are in conflict with this Agreement.
{fine print}: Adventure undertaken at Burglar’s financial as well as personal risk. Company remains blameless in all respects for any outcome.
{fine print}: In the event of a dispute arising in relation to the terms of this agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable fees and costs resulting therefrom.
29. This agreement does not obligate the Company to seek out or retain the services of the Burglar for future undertakings. The Company makes no promises nor representations whatsoever as to the amount of business the Burglar can expect at any time in the future under this Agreement.
{fine print}: Each of the Parties to this Contract severally shall take all steps, execute all documents, and do everything required by the other party to give effect to any of the transactions contemplated by this Contract.
30. Burglar acknowledges that monetary damages alone will be adequate compensation for a breach of this Contract by the Company.
31. Burglar waives any and all right to recover any consequential, incidental and/or punitive damages.
32. Remedies shall not be sought nor given nor paid for any unlooked-for misfortune befalling Burglar’s dwelling during his absence.
{fine print}: Damages shall similarly not be sought as a compensation for temporary or permanent disability suffered as a consequence of the Adventure.
33. If any part of the Contract is found to be invalid, the remainder of the Contract will continue in full force and effect as if the defective and invalid provision or clause or condition had been deleted, provided that the Parties to this Contract are entitled to negotiate a valid and enforceable provision in replacement of the invalid provision.
{vertical fine print}: Adventure undertaken entirely at Burglar’s own risk. Present Company shall not be liable for injuries inflicted by or sustained as a consequence thereof; including, but not limited to lacerations, evisceration, incineration.
34. Burglar is in all respects an independent contractor, and not an employee, partner, or joint venturer or subsidiary of the Company and is not entitled to pledge the credit of the Company. The Burglar agrees that at no stage during or subsequent to the Termination of this Agreement will the Burglar claim that he is or was an employee of the Company.
35. The Company may terminate this Contract for any reason or for no reason by giving one [1] day’s notice to the Burglar. Such termination will take effect upon the expiry of the notice period. The Company reserves the right to summarily terminate this Contract immediately upon notice or without notice at any time for any serious breach of the provisions contained herein by the Burglar.
36. Burglar may not modify or change this Contract in any way except by a writing signed and agreed by both Parties hereto.
37. The compensation received by the Burglar from the Company in connection with tasks performed pursuant to this Agreement will be the Burglar’s sole claim and interest regarding the Adventure and services performed hereunder, and Burglar will not be entitled to any royalty or other compensation, for any reason.
{right vertical bar}: This agreement constitutes the entire agreement between the parties, and replaces and supersedes all prior understandings and agreements whether written or oral, with respect to the subject matter described and set forth herein.
Except as is set forth in the key provisions, Burglar will not cause, authorize, license, permit or allow any distribution of the recovered goods in any form whatsoever without the Company’s written permission, which may be granted [or not] at the Company’s sole discretion.
Update 10/27: TORn member Timdalf has conveniently replicated the content of the contract into pdf form here.