Griever/Defendants' Admission

DEFENDANTS' ADMISSION OF FACTS TO PLAINTIFFS

COME NOW Defendants and require Plaintiffs to admit that:

1. The Plaintiff(s) entered into a standard artists agreement with any or all Defendants in 1997 when T-shirts from Defendants' suppliers were entered into the store which was, at the time, labeled the BubbaLynne Bazaar - BLB at redhouse.com/store/blb.
2. That the standard split which was given to Defendants and any other artist or vendor in the store, was 80% to the Defendants and 20% to Nick Staddon/Red House Media.
3. That the original plan was to build a minimum order of gifts or T-Shirts in retail sales to cover the costs of the minimum wholesale orders.
4. That where sales were initially slow, the Plaintiff(s) offered to buy the shirts for the Defendant(s) up front to avoid getting a bad reputation for slow delivery.
5. That the agreement about the merchandise was that the shirts and other merchandise belonged to the Defendants and that the costs of the merchandise came back to the Plaintiff(s) after 20% for card processing and handling in preparation for shipping, leaving the rest as profit for Defendants.
6. That since the shirts and other gift merchandise have been paid for through the sales that have been made through the store, the Plaintiff(s) has no cause to claim the merchandise and owed Defendants for profits (less 20% for card processing and handling in preparation for shipping) on all sales over and above the costs of the merchandise according to the agreements that were established at the beginning of the relationship.
7. That the Plaintiff(s) has withheld all profits from the sales of the merchandise because the Plaintiff(s) had not done a full accounting.
8. That the PLaintiff(s) continued to withhold the profits from the sales of the merchandise for the above stated reason for in excess of five years.
9. That while the store was being built, the Plaintiff(s) and Defendants agreed to switch the entire catalog of the BubbaLynne Bazaar (BLB at redhouse.com/store/blb) that had already been uploaded, to the vbz.net domain.
10. That because the domain vbz.net was purchased for the use of the Virtual Business Zone (which was to develop web pages for local Athens businesses) and where the Virtual Business Zone was dormant and not accomplishing the goals of its original intent, the Plaintiff(s) agreed that the domain would better serve the interests of both the Plaintiff(s0 and Defendants if it were changed to the Virtual BaZaar.
11. That the catalog of BubbaLynne Bazaar (BLB@redhouse.com/store/blb) was henceforth transferred to vbz.net and from that time forward became the primary vendor of vbz.net.
12. That the few artists already in the store of Red House Media were transferred to vbz.net (so as not to be thrown away) to go away slowly and that since the time that the catalog of BubbaLynne Bazaar (BLB@redhouse.com/store/blb) was transferred to the domain of vbz.net that it has been the only thriving enterprise of said domain.
13. That the software that originally operated The Red House Store was not adequate to accommodate the needs and the scope of the BubbaLynne Bazaar (which became vbz.net) and that the Plaintiff(s) and Defendant Willard D. Griever worked together to develop the software that is currently operating vbz.net.