Question: Ryder Anderson is a 1 6 - year - old golfer who is ranked # 2 in the country. Thanks to a change in name,
Ryder Anderson is a yearold golfer who is ranked # in the country. Thanks to a change in name, image and likeness rules in his state, he can get paid to endorse brands. TaylorMade has approached him about doing a series of social posts promoting their new drivers.
TaylorMade sends an offer in writing to Anderson. They propose to give him two new drivers and $post for four Instagram feed posts over the next two months.
Ryder emails back and says no thank you because hes loyal to Titleist. Hes always used their clubs and hes superstitious about it and believes he cant win without them.
Two months later, Ryder has two tournaments in a row where he doesnt place in the Top He decides maybe his Titleist clubs arent so great after all. He really wants to try those Taylor Made drivers.
So Ryder emails TaylorMade back and says, I accept your offer.
Unfortunately, Ryder doesnt hear back from them, and they dont send the drivers or the cash. He tells his parents he wants to sue Taylor Made because they arent performing their end of the deal.
In the meantime, Ryder decides to reach out to Callaway, because hes heard they have a new driver, and he needs to find something new to help his game ASAP. He tells them hell do two Instagram posts and two Instagram stories for $ and he wants two drivers he can try and then keep.
Callaway responds, and theyre excited to work with him. However, their budget is only $ Ryder responds and says hell do it The two parties email back and forth about what the posts should look like and agree on the content and posting dates.
A few weeks later, after Ryder makes his first two posts, he sees in the news that Callaway was acquired by Nike. Soon, he hears from someone from Nike who wants to change the content for the next post because they want to promote a Nike driver instead of the Callaway one.
Ryder refuses to post about the Nike driver. Theyre his least favorite brand, and he doesnt want to work with them.
Questions # are worth points each.
Is there a valid contract between TaylorMade and Ryder? If yes, tell me the offer, acceptance and consideration. If not, tell me why not.
Is there a valid contract between Callaway and Ryder? If yes, tell me the offer, acceptance and consideration. If not, tell me why not.
Nike thinks it has a contract with Ryder based on what Callaway told them. Can they sue Ryder to enforce the contract? Why or why not?
Label each clause below one of the following: right of first refusal, restrictive covenant, arbitrationmediation severability, waiver, force majeure, governing law, termination for cause, and damages. You'll use each answer only once. Each is worth points each, so I'll round up your final grade to the next whole number.
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