LAST EDITED ON 08-06-01 AT 09:37 PM (EST)Mr. Monkeyboy
c/o Monkeyboy Resort
Monkeyboy Island
USA
Dear Mr. Boy,
We are in receipt of your letter dated August 6, 2001 purporting to demand the payment of $450,000 from Blowsvivor Entertainment Group LLC (hereinafter referred to as "BEG") and Mr. Ayatollah Probe. After examining the agreement, it is our recommendation to BEG and to Mr. Probe that they should not make payment at this time and should instead pursue their strong breach of contract claim against the Monkeyboy Resort and against yourself.
The agreement between Monkeyboy Resort and BEG has been breached by your company in eight areas. For purposes of this letter, we shall only discuss two of these breaches.
1) The agreement between your company and BEG clearly specifies that the BlowsVivor participants housed at Monkeyboy Resort should receive "deluxe" accomodations, at a level of care "equivalent to that of other deluxe resorts located on the California coast." To clarify the meaning of deluxe accomodations, the agreement states that the accomodations shall be comparable to those offered by the Pebble Beach Resort and Golf Club in Carmel, California, and at a minimum must not be inferior to those offered by the Ritz Carlton Laguna Niguel in Dana Point, California. It is our opinion, considering all of the evidence, that the accomodations at the Monkeyboy Resort do not reach this level of elegance and luxury. Instead, the overwhelming evidence is that the "monkeybutlers", as you call them, frequently engage in mischief of all sorts at the expense of the guests of Monkeyboy Resort.
Although we are aware of your protestations that it was an isolated incident, we think that the feces-throwing directed at Mr. Probe and the BlowsVivors participants during his last visit to the island offers solid evidence that the resort simply is not able to live up to this commitment. We also are aware of your statement that the mischief is only directed at the male guests. Nevertheless, the contract between your resort and BEG does not differentiate between male and female guests, but you have admitted that you do differentiate -- a clear admission of breach.
2) The contract also specified that "<a>dequate security shall be maintained by Monkeyboy Resort to prevent the participants housed on the island from leaving it during the duration of filming." Nevertheless, one of the participants was able to leave the island and return to the mainland, with a goal of producing mayhem on the set of the BlowsVivor production itself. The activities of this participant, known to BEG as "desert_rhino", caused great damage to the set of BlowsVivor as well as a diminishing of interest among some of the public viewing the show. This action was possible only because of your company's breach of the security provisions of this contract.
Additionally, we have been informed that two other participants from BlowsVivor have been leaving the island for purposes of furthering the singing career of one of them. We cannot emphasize enough to your company the importance to BEG of preventing the BlowsVivor participants from other media-whore activities prior to the completion of the BlowsVivor project. The contract itself states that "Monkeyboy Resort acknowledges that security and secrecy are of primary importance to BEG" and that "Monkeyboy Island shall not, through intentional act, negligence, or omission, permit the security of BlowsVivor to be compromised." It was solely to prevent such actions that the glowing green rock ("kryptonite") was provided to your resort by BEG, despite the great cost incurred by BEG to locate a sample of this size and density (and the potential consequences of dealing with famous gem broker Mr. Lex Luthor).
We acknowledge that Monkeyboy Resort has incurred expenses in taking care of the BlowsVivor participants for which it deserves some compensation. However, the continuing breaches of the contract by Monkeyboy Resort ultimately forced BEG to find alternate housing for the so-called "jury members" of BlowsVivor.
BEG has no interest in documenting all of the breaches of contract committed by Monkeyboy Resort. However, if you continue with your threatened legal action against BEG, it will be forced to defend itself both in court and in the court of public opinion with all the resources that it can muster. Such a public battle would not be in the best interests of either party to the contract.
BEG has authorized me to attempt to reach a compromise result, prior to the commencement of litigation, that is fair to both parties. My authority to negotiate on behalf of BEG terminates upon either the filing of a lawsuit against BEG or the issuance of a press release critical of BEG by Monkeyboy Resort, Mr. Monkeyboy, or any affiliated or related parties thereof. If you are interested in resolving this matter without litigation or a public-relations battle, please respond to this letter with a proposal that would settle all claims of each party against the other. I await your response.
Very truly yours,
Q.T. Pye
Dewey, Cheetum, and Howe LLP
for
BlowsVivor Entertainment Group LLC
and
Mr. Ayatollah Probe