Chapter 6
Amy takes out her cellphone and, finding Chase's old contact information, she calls him hoping the number is still good. The number rings. "Chase...this is Amy." He replies, "I know who it is Miracle Girl. I was expecting you to call. I guess you've seen the posters." Amy replies, "I have...we need to talk." Chase responds, "Sure, just name the place and time. I'll be looking forward it. We have a lot to talk about." Amy replies, "Yes we do. Oh, and I suggest you bring the promoter and ..."
After a stern, brief, and mostly one sided conversation, Amy hangs up on Chase as he's speaking and deletes his contact information from her phone.
...
Walking back into the house, Amy asks, "Where's dad?" Lou replies, "He left a few minutes ago. I don't think you're going to have to worry about him getting involved again, but then...you know dad." Amy replies, "Yeah...he'll behave himself for about 5 minutes and then it'll be the same all over again."
Lou asks, "Have you decided what you're going to do about this clinic?" Amy replies, "I have. I talked to Caleb about it and he thinks it's a pretty good idea. It's time to turn the tables on Chase Powers. Caleb is going to try to find Ty, but, in the meantime, I'm going to need your help..."
...
"...So, now that we've gotten the introductions out of the way. Oh, and by the way Mr. Powers, don't refer to me again as "Lou". Address me as Ms. Morris and Amy here as Ms. Fleming...got it!"
Chase's lawyer, Mr. Harris, leans over and whispers something in Chase's ear. Chase then says stoically, "Okay...that's fine." Lou continues, "First of all, my sister and I have spent a good part of the day taking pictures around town of all the posters depicting her name and image." Looking directly at Chase, she says, "I must say, someone has been very busy putting them all up." Directing her comments back to Mr. Harris, she says. "We also have a statement from the employee at the shop here in town where the posters were produced. He's very willing to testify that you're client, Mr. Powers, was the one who provided the previous poster from which they were produced and Mr. Powers was the one who also ordered their printing. Next, my sister never authorized the use of her name and or image, nor has she consented to participate in this clinic. She never verbally agreed or signed any contract affirming her participation."
Mr. Ells, the promoter of the clinic asks, "Ms. Morris, do you mind getting to the point please." Mr. Harris interjects, "That's okay Ms. Morris, we're listening. Please continue." Lou says, "Very well, I guess someone here understands the seriousness of this matter. My sister has an excellent reputation for what she specifically does and associating her name and image with Mr. Power's particular style of horse training will damage her career. Therefore, we are offering you this one time opportunity to settle this matter quickly. Should you not agree to our described settlement, then we will immediately have our attorney send you a demand letter followed by the filing of a lawsuit seeking maximum damages. Might I point out, where I come from back in New York, we call our lawyers sharks and we have a very good one."
Chase speaks up and says, "This is ridiculous...how long do we have to listen to..." Mr. Harris interrupts Chase, saying, "My apologies for my client Ms. Morris. If you would give me just a moment please while I speak to him." Lou says, "That's fine, but understand that our time is valuable. I suggest you include Mr. Ells too in your conversation with your client."
All three step away from the table at Maggie's for a few minutes and then return to their seats. Mr. Harris says, "It's my understanding that Ms. Fleming's father, Tim Fleming, verbally gave his authorization to proceed with the clinic and that Ms. Fleming would participate." Lou responds, "That's technically true. However, Tim Fleming was specifically told previously by my sister that she would not participate. She is an adult and Tim Fleming is not her Agent. He has no legal authority to approve or disapprove any of her business affairs."
Mr. Harris then says, "It's also my understanding that Ms. Fleming participated in a clinic with my client just a few weeks ago in Las Vegas. So, I find it difficult to believe that her association with him and this clinic can be construed as damaging to her career." Lou responds, "I suggest you speak with your client again and get the correct facts. My sister did not participate in that clinic. She only made an appearance, sitting ringside, and was pointed out to the crowd in attendance by Mr. Powers. Might I also point out that in this Province we don't have to prove or suffer actual damages in order to prevail."
Mr. Harris then says, "It's also my understanding that Ms. Fleming agreed and participated in a clinic just like this in Hudson only a few years ago." Lou responds, "That's true, however she was a minor at the time and unethically trick into participating by the same method that Mr. Powers is employing now. Might I also point out that, at that time, no one with the authority to do so authorized the use of her name or image when advertising that particular clinic. I also know for a fact that Mr. Ells was the promoter of that clinic as well. Isn't that true Mr. Ells?" Mr. Ells silently nods in agreement.
Mr. Harris says, "Please excuse me while I speak again with my client." Once again, they step away from the table. After speaking briefly, they return. Mr Harris says, "First of all let me apologize for the previous interruption and I can assure you there will be no further unnecessary comments from Mr. Powers or Mr. Ells. Please continue...what type of settlement are you speaking of?"
Lou continues, "First of all, we demand that my sister's name and image be removed from any and all references to this clinic. That specifically includes that all posters be immediately removed from public view.
Secondly, Mr. Powers signs a statement guaranteeing that he'll never put on another clinic in Hudson or anywhere within 50 miles of the city. As part of that, it will be written that Mr. Powers is not to appear at, or interfere with, any clinic she that she may participate in, anywhere. Additionally, Mr. Powers will not harass or impugn my sister in any fashion or form. Written in that agreement there will also be a stipulation that should he violate it at any time in the future, then Mr. Powers will compensate my sister in the amount of 10 thousand dollars for every occurrence of such violation notwithstanding any additional legal action."
Finally, we also demand that Mr. Powers, or he and Mr. Ells, pay the sum of 25 thousand dollars for the unauthorized use of her name and image."
Chase stands up and says belligerently, "You have to be kidding! That's ridiculous! I'm not..." Mr. Harris interrupts by grabbing Chase's arm and pulling him down to his seat. He whispers in his ear again and then says, "Once again Ms. Morris, I apologize on behalf on my client. Please continue."
Lou continues, "As I was about to say, before your client rudely interrupted, we are not here to negotiate. This is a take it or leave it offer to settle. You have exactly 10 minutes to decide to accept. However, for every minute beyond that, until you agree to a our terms, the amount of the demand will increase by 5 thousand dollars. Should you still refuse to accept our settlement offer after we've reached 50 thousand dollars, then we will turn the matter over to our attorney." Again directing her comment to Chase, lou says to him, "Considering the attorney fees you'll have to pay to both your and our attorney, Mr. Powers, along with the damages we will be seeking when we win and we will win, I believe this is a very fair offer. The clock starts right now."
Mr. Harris takes Chase and Mr. Ells outside. Looking out the window, both Lou and Amy watch a very animated discussion between them.
With about a minute to spare, they return to the table. Both Chase and Mr. Ells sit quietly while Mr. Harris speaks. "My client will agree to everything, except he'll only pay the sum of 5 thousand dollars." Lou replies, directing her response to Chase, "Do you want the amount to go up to 30 thousand dollars?" Chase answers, saying, "Okay...10 thousand." Lou responds, "Let me remind you that this is not a negotiation. Care to delay this further and try for 35 thousand Mr. Powers?"
Mr. Harris leans over and whispers into Chase's ear again. Chase then says, "Okay...okay, 25 thousand." Lou looks down at her watch and says, "You made it just under the wire. It's agreed then. We expect to receive the check by the end of the business day tomorrow along with your notarized signed agreement as we described. Also, we expect to see the immediate removal of all posters and other references as we described. Should you fail to perform any of these agreed upon conditions then we will assume you have reneged on the settlement and we will immediately turn the matter over to our attorney."
Amy whispers into Lou's ear and then Lou says back to her, "Nice touch, I wish I had thought of it." Lou addresses Chase, "Mr. Powers, when you write out the check and we do want a personal one, not a bank draft or money order, you are to make it out payable to both Amy Fleming and Tyler Borden. Is that agreed?" Chase's face begins to beam red as Mr. Harris whispers into his ear again. Chase then replies, "Agreed."
Mr. Ells says, Ms. Morris...Ms. Fleming, I want to personally apologize for what happened here. I foolishly relied on Mr. Powers' word that Ms. Fleming was onboard with the clinic. That will no longer be an issue in the future, since I will never again promote any of his clinics. As a matter of fact, once I'm done here, I doubt he'll find another promoter in the province who'll handle any of his clinics."
Mr. Ells stands up and says, "If you will excuse me, I have some posters to remove."
Mr. Harris reaches across the table and shakes Lou's hand, commenting, "You drove a hard bargain. I'm impressed, but then you knew you had us over a barrel. Very well done. I'll be in touch with you later today to finalize the details."
Mr. Harris turns to Chase and says, "I strongly suggest you don't say anything. Let's go before this costs you a dollar more." With that, Chase gives both Lou and Amy a long glare before leaving with his attorney.
...
On the way back to the ranch, Amy says to her sister, "That was incredible, Lou! You were amazing! Where did you come up with some of that legal jargon?" Lou grins and replies, "I dated a law student for a little while back in college and picked up a few things. It's pretty easy to get what you want when your holding all the cards." Amy replies, "I never imagined you could be such a bitch." Lou smiles and says, "You haven't seen the half of it. By the way, what gave you the idea to threaten Chase with a lawsuit?"
Amy replies, "Well, I never knew about signing a release for the use of my name and picture when I went on that Ring of Fire tour because I was a minor at the time. I guess dad took care of all the paperwork involved, but then when I went on the Dark Horse tour I had to sign all kinds of releases so they could advertise it. That's how I came up with the idea." Lou responds, "Well, separate from getting everything we wanted, I hope I made Chase wet his pants in the process."
Amy comments, "I just wanted to hurt him where it counts. The two things he values most, money and his reputation. We did both. Hey...do you think we should threaten to sue dad?" Lou replies, "I know grandpa would get a kick out of it and it is a tempting thought, but he doesn't have as much money as Chase and well...his reputation, well...you know." Amy sighs and says, "Yeah, I know."
After a pause, Amy says, "Now there's only one thing left...I hope Caleb has managed to find Ty."