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Contracts Keyed to Blum
Hollywood Fantasy Corp. v. Gabor
Citation:
151 F.3d 203 (5th Cir. 1998)Facts
Appellee was in the business of providing “fantasy vacation” packages allowing participants to imagine themselves as stars for a week for a fee. Accordingly, Appellee sent a letter to Appellant on March 4, 1991, setting out the terms and conditions of Appellant’s appearance. The letter stated that Appellant was to be employed from May 2-4, 1991, in San Antonio. In addition, Appellee was to pay Appellant a $10k appearance fee, $1000 for other expenses, provide Appellant with two first-class tickets from LA to San Antonio, and more.
Appellant made three handwritten changes to the letter before signing the agreement. The changes were adding the word “one” in the sentence stating she would be available for media interviews; inserting the phrase “two bedroom” above the sentence describing the hotel suite provided to her and added, “wardrobe to be supplied by Neiman Marcus” to the section outlining prerequisites.
The last paragraph allowed Appellant an “out” if Appellant notified Appellee in writing of a significant acting opportunity. Appellant signed and sent back the letter to Appellee. On April 10, both parties talked, and Appellee stated that everything was agreed. However, Appellant sent Appellee a telegram that she would have to cancel her appearance due to the filming of a movie. Appellee was unsuccessful in replacing Appellant, the San Antonio event was canceled, and Appellant filed suit.
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