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HomeMy WebLinkAbout97-03739 C!.. ~ ~ V) )? i..:. .\11 <::S '\ ~ .t- ... Q: L} .~ ... t ~ / - " / , i I ! - . . :) '- a-- c<) ~ c<) . t- O- . ~ ~w OFFiCeS SNELDAKER. BRENNeMAN 8: SPARE written contract in which Defendant promised and agreed to do all photography necessary for the production of the 1996-1997 annual yearbook, a true copy of said contract being attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 6. On or about November 1, 1996, Defendant defaulted in her performance of responsibilities under the contract aforesaid by failing and refusing to perform the required photographic services. 7. Because of Defendant's default as aforesaid, it was necessary for Plaintiff to engage the services of a photographer and to pay for the photography which Defendant was required to produce for Plaintiff without cost to Plaintiff. 8. Plantiff engaged the services of Randy Finkey to perform such photography and paid to him the sum of $2,690.21 for such services, which amount is the fair and reasonable value for the work performed. 9. Because of Defendant's default aforesaid, Plaintiff was not able to provide the necessary photographs to the publisher of the yearbook in a timely manner and, therefore, was required to pay the additional sum of $2,080.00 to Taylor Publishing Company, the publisher of the yearbook, in order to complete the manufacture of the yearbook for a timely distribution thereof. 10. Plaintiff's expenditures as averred in paragraphs 8 and 9 were incurred solely as the result of Defendant's failure to perform her responsibilities under the Contract. WHEREFORE, Plaintiff demands judgment against Defendant in -2- CONTRACT AGRSSMSNT Page 2 1996-97 WAtarwhaAl aIG SPRING SCHOOL DISTRICT and CINDY STRUPP PHOTOGRAPHY 6. To be available to photograph special events throughout the school year including, but not limited to, Homecoming, Class Plays and Musicals, Awards Ceremonies, Senior Prom, All Sports Banquet, and Graduation. 7. To provide all Color photographs necessary, without charge, including senior class photograph, divider page photographs, and double-page spreads. Picture size is at the discretion of the yearbook starr, Under the provisions or this contract. the Big Spring School District agrees to the rollowing considerations: 1. That Cindy Strupp Photography will be designated the sole provider of the individual senior class members' yearbook pictures. ? That the 3ig Spring School District will prov~ce to Cindy Strupp Photography exclusively and free or charge a complete list or names and addresses or the Senior Class of 1997. 3. That Cindy Strupp Photography will be given the opportunity to provide each athletic team and its members with a Memory Mate package to consist of a team picture and an individual player picture, The price ror this package to be determined by Cindy Strupp Photography. There is no obligation upon the team menDers to purchase a package. 4. That a Cindy Strupp Photography representative will be given the opportunity to present their Senior Portrait Program to the Senior Class or 1997 prior to the end or the 1995- 96 school year. 5. That upon completion of all services a complimentary copy of the yearbook will be provided to Cindy Strupp Photography. EXHIBIT A Notes: If real property, supply six copies of description including intJrovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). 1):.\2 ~ \ I). .... .J ~ ~~ ... If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. 1;' \, L f-:. '-0 ,0, ..., <) -'"1 :~::}r ':) , , ') '-, 'on I 'i~; 'T1 -. "J , .. .jQ .~ ., ; F~) ;C"-5 ~.: " f flJ . "l 0 '. - Ie. ,U -.;; , ~ J ~ _t/J .. f l>, ""I ~ ;;, :- \)0 ~ " ~ (:0.- .(; .L. ~\ VI <; , .... ~ f' C c d " '- (' C C tl 6. }- P ~ ')- J