Phil,

absent everything else, just substitute "Contractor" for 'Employer' and 'Contractee' for 'employee'.

Ron and I are saying the same thing, but if the terminology differences are confusing you, then lets simplify the verbage.

Regardless, a man of your intellect should be able to read the contract in question and understand the relationship between the parties. Once that is accomplished, everything else become hyperbole. The fact remains that the AFA demanded that I&A fulfill the agreed upon terms of the Publishing Contract. No more, no less. I&A has refused to do so. Philosophical differences, personality conflicts, the moral high ground, whatever, are not part of the nuts and bolts of the contract. Mr. Davidson appears to have decided to engage in a game of "Chicken". Apparently he blinked first and is now finding himself on the short end of the game.

Sometimes you get the bull and sometimes you get the horns. Mr. Davidson is getting the horns. He has only himself to blame for the goring he is undergoing.

Rick Burten wrote:
Chicken is a hard game to play. If you go too long your eye's get pretty dry. My younger brother would start pokeing his fingers around my eyes one time he accidently poked me in the eye and I still tried not to blink. Hurt like hell.

Anyways I see what your saying. Employee or vender he is binded by the contract. Sort of like that customer you want to fire, but you did give them another apointment and you have to at least show up for that one and then fire them. Wether I am fired or I fire someone I try to leave the bridge in good shape. Unless it is really a bad deal, the door is always open. I have found the 90% of the time problems can be resolved and many times the relationships are even better.

Phil Armitage wrote:

Phil,

Well said and very true- although before any problems can be resolved, both parties must be willing to come to the table without pre-conditions or un-realistic expectations.

John Blombach

Phantom!!!

Dude, welcome back. I've missed your smiling face on these boards.

An FYI from the AFA:


Welcome to the AFA Online

BREAKING NEWS!!!!

PROFESSIONAL FARRIER

The AFA's Legal Counsel, Doug McSwain, was notified on Friday, October 13th that Ink & Anvil intends to breach its contract to publish Professional Farrier magazine. Ink & Anvil offered specific monetary compensation if AFA would waive all other damage claims against Ink & Anvil for its refusal to honor its contract and if the AFA would be willing to limit adverse publicity toward Ink & Anvil for its actions against the AFA.

Mr. McSwain is to issue the AFA response to the Ink & Anvil offer on Monday.

It has also been learned that Ink & Anvil is trying to divert articles submitted for publication in Professional Farrier to a new magazine which Ink & Anvil hopes to launch. The same action is apparently also being taken with regard to advertisements intended for Professional Farrier.

The AFA Executive Committee, believing that Ink & Anvil owner, Scott Davidson, might not honor the contract between AFA & his compnay, which went into effect on September 1, has been in talks with an alternate publisher. An official agreement is expected to be approved in a few days, and work has already begun on producing the November/December issue of Professional Farrier.

/\ Thank Goodness
/ \ He
/ \ Changed
/ \ His Signature

T.N. Trosin wrote: The opinions expressed in this forum are strictly thoses of Tom himself? . . . I'm ok with that, but what about the opinions of thoses not named "Tom?"

I have added three more exhibits to the timeline.

The first is an email exchange between Nolan and Davidson regarding the membership counts which control the number of copies that I&A was obligated to print under the contract. (Exhibit 33)

The second is an email that Nolan sent to me verifying the validity of the first and adding his explanation for redirecting Davidson to the Office Manager for future requests. (Exhibit 34)

The third is the minutes from the Certifcation Committee Meeting on August 12, 2006. (Exhibit 35)

I need to make a note here. When anyone sends me forwarded email I verify the contents of that email because it is so very simple to change it before forwarding it. I am playing not favorites in this, but given that I recognize that the parties have an interest in shaping things in their favor I have to allow for the potential of changes that would enhance their position.

Also, unless an email contains a confidentiality statement in it I assume that when it is sent as a result of this research I assume that I can use it as an exhibit in this timeline. I do not post things that people ask me to keep confidential, or that I know by statement were confidential, no matter how much I want to.

As always I will continue the search for the facts in this matter. The truth is in the details and I believe that everyone is capable of reading and comprehending the English language so the truth will show itself to those that seek it from within the facts. If you have facts that need to be posted feel free to send them to me.

It took me a bit to grasp the chronology of events put forward in Exhibit 33 and I am puzzled by a few things.

Back in early August(11Aug06), why was Mr. Davidson soliciting help from RT Goodrich with regard to responding to a e-mail from Mr. Nolan regarding membership numbers?

Since at that time, Rick Garrison was still the Project Manager, shouldn't Mr. Davidson have been confiring with him?

There seems to be a question regarding "Sustaining Members". This is a subject that is covered in the AFA Bylaws, Article III, Section 'g'. Now, apparently Mr. Davidson had some issues with providing the PF magazine to these [/B]members[/B] and Mr. Nolan informed him that should he, Mr. Davidson, be "unwillingt to contribute the magazines for these industry leaders, we(the AFA) would pay for them. "

In making this conciliatory gesture, I believe Mr. Nolan was in error, though he did so in good faith. The error is this. PF magazine is, without qualification, a member benefit. Since "Sustaining Members" is, under the AFA Bylaws, a membership category, these individuals/entities are already entitled to receive a copy of PF magazine. Mr. Davidson, as a member of the AFA and a BOD representative, in addition to his duties and responsibilities as publisher of I&A magazine, should already have known this.

Since Mr. Davidson claims to have enjoyed a good working relationship with , at the time , the AFA project manager, Rick Garrison , I don't understand why Mr. Davidson did not avail himself of this avenue, as provided for in the Publishing Agreement, to resolve any questions or concerns regarding any issue that concerned publication of the PF magazine.

I also believe that Mr. Nolan was in error when he said(Exhibit 34) "As for me being named project manager, there was still not need for me to communicate with Scott."

Section 3 of the Publishing Agreement clearely states: CLIENT will designate a Project Manager who will be solely responsible for all communications and discussions with PUBLISHER.

However, Mr. Nolan, in Exhibit 34 , goes on to state, "Also, had it been necessary for me to address Scott by e-mail, obviously I would have done so.....", thereby acknowledging(if subliminally) his duties as Project Manager.

On another, yet I feel equally important subject, I have been informed that due to the press of work and family duties, Mr. Goodrich has resigned as chairman of the PR committee. I know that RT has worked hard and faithfully and often, successfully, in his capacity as chairman of this most important committee.

My question to RT, to which I hope he will respond, is this: Since the press of work and family responsibilities impacted your ability to chair the PR committee, should you be elected AFA Vice President, how can you expect to be able to devote the time and effort to the office that the duties of the office demand?

tbloomer wrote:
I'll work on in my free time.

From the AFA Website 16October2006:


The AFA Executive Committee, believing that Ink & Anvil owner, Scott Davidson, might not honor the contract between AFA & his company, which went into effect on September 1, conducted talks with an alternate publisher. Sebastian Publishing, which is also the publisher of ABANA's Anvil's Ring magazine, is finalizing articles and advertising for Professional Farrier and expects little or no delay in the magazine reaching members.

I have finally received permission to publish the letters between the two attorneys involved in this controversy. These letters are (Exhibit 37) & (Exhibit 38). My permission to publish them is in (Exhibit 36)

It is clear now that the relationship between I&A and the AFA has moved into a phase that may include litigation so I will not post any do***entation about events that may occur from this date forward involving this controversy. I am however continuing to track down and develop do***entation to deal with other issues in this controversy and will update everyone as I have solid facts to post.

Hi Ron,

I was curious, are you going to be able to post the letter that was written for the BOD Rep- Burdette, that was allegedly supposed to have stated that Greg had been mistaken about his BOD report etc.. I understand there may be some controversy as to where the letter originated from..??

thanks Bunny

Ronald E. Kramedjian wrote:
Who gave you permission to post that? Ohhhhh.... Mike Nolan... that figures....
You know what.... get all your facts... then run for garbage man.
You'll self destruct anyway.
Great job Ron, I have convincing evidence of Bigfoot too.

NorthBayFarriers wrote: Bunny,

Of course I am, just as soon as I tie up all the questions that I have. I am waiting for a final bit of info from Greg. Then once it is in I will ask a few more questions of other parties, discuss the results with Greg and then I will post the results of my research on that matter in total. The key here is I am getting the facts from the parties in question, although I am developing some interesting questions. :confused: