Sharks

Exhibit A
Case 1:13-cv-22786-XXXX Document 1-2 Entered on FLSD Docket 08/02/2013 Page 1 of 36

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Case Number: CACE-13-017759 Division: 03
Electronically Filed 07/25/2013 04:58:03 PM ET
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
THE GELLER LAW ORGANIZATION, INC., a Florida corporation,
d/b/a THE GELLER ORGANIZATION
Plaintiff,
Case No.:
vs.
SONY PICTURES TELEVISION, INC., a foreign 'J\2.((? ( [ ()' J\
Defendant. ( (' _J ":?J l
INITIAL- ..
I.
SUMMONS
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THE STATE OF FLORIDA:
To Each Sheriff of the State:
...
YOU ARE COMMANDED to serve this summons and a copy of the complaint or
petition in this action on defendant SONY PICTURES TELEVISION, INC.
Each defendant is required to serve written defenses to the complaint or petition
on Bobbie Geller, plaintiffs attorney, whose address is 3600 FAU Blvd., Ste 101., Boca
Raton, FL 33431, within 20 days after service of this summons on that defendant,
exclusive of the day of service, and to file the original of the defenses with the clerk of
this court either before service on plaintiff's attorney or immediately thereafter. If a
defendant fails to do so, a default will be entered against that defendant for the relief
demanded in the complaint or petition.
JUL 26 2013
DATED ON this 25
1
h day of July, 2013
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
THE CELLER LAW ORGANIZATION, INC., a Florida corporation,
d/b/a THE CELLER ORGANIZATION
Plaintiff, Case No.:
vs.
SONY PICTURES TELEVISION, INC., a foreign corporation
Defendant.
COMPLAINT
Plaintiff, THE CELLER LAW ORGANIZATION, INC., ("Plaintiff') a Florida
corporation, d/b/a THE CELLER ORGANIZATION, by and through its undersigned
counsel, sues Defendant, SONY PICTURES TELEVISON, INC., ("Defendant") a foreign
corporation, for damages in an amount of $50,000,000 (Fifty Million Dollars) and as
grounds states as follows:
General Allegations
1. That this is an action for damages that exceed $15,000.
2. That all conditions precedent have been performed, excused and or waived.
3. That Plaintiff is a corporation organized and existing under the laws of the State of
Florida, having its principle place of business in Palm Beach County.
4. That Defendant is a foreign corporation organized and existing under the laws of the
State of California, having its principle place of business in Los Angeles County.
5. That Defendant is subject to the jurisdiction of this Court pursuant to Fla. Stat.
48.193, which provides in part that Florida courts have personal jurisdiction over a
nonresident for a cause of action arising out of any of the acts enumerated therein.
Page 1 of6
6. That pursuant to Fla. Stat. 47.051 venue is proper in Broward County since
Defendant has an agent in said county.
7. That Plaintiff, through its Chief Executive Officer (CEO) Bobbie Celler, expanded
large sums of money planning, coordinating and marketing an entrepreneur expo
known as Shark Tour & Entrepreneur Expo Presented by Bobbie Celler ("Shark
Tour''). Said expo is scheduled to be held on November 2, 2013 at the Orange
County Convention Center in Orlando, Florida.
8. That on or about June 17, 2013, Plaintiff entered into a written contract with Shark
Branding Corp., p/kla Daymond John, whereby Daymond John was to provide
speaking and presentation services, inter alia, for the Shark Tour. A true and correct
copy of the contract is attached hereto and incorporated herein as Plaintiff's
Exhibit "A".
9. That on or about June 20, 2013, Plaintiff entered into a written contract with Robert
Herjavec, whereby Robert Herjavec was to provide speaking and presentation
services, inter alia, for the Shark Tour. A true and correct copy of the contract is
attached hereto and incorporated herein as Plaintiffs Exhibit "B".
10. That Daymond John and Robert Herjavec are considered to be "Sharks" on the
television show Shark Tank which airs on the ABC network.
11. That on or about July 24, 2013, Bobbie Celler received a phone call from a
representative of Daymond John's who advised Mr. Celler that Daymond John will
no longer be participating in the Shark Tour due to internal pressures from
Defendant.
Page 2 of6
12. That coincidentally, Mrs. Geller (Bobbie Geller's wife) was supposed to conduct an
interview with Daymond John on July 25, 2013 in Orlando, Florida for an unrelated
matter.
13. That due to Daymond John's breach of the aforesaid contract, Mr. & Mrs. Geller
were unable to travel to Orlando to conduct the aforementioned interview.
14. That as a courtesy, a representative of Plaintiff sent an e-mail to Sandy Han-a
publicist for Daymond John, indicating the fact that the Gellers were unable to
conduct the interview. A true and correct copy of the e-mail is attached hereto and
incorporated herein as Plaintiff's Exhibit "C".
15. That in said e-mail, Sandy Han made reference to Defendant's possible motive for
tortuously interfering with said contracts by indicating that Defendant does not want
Plaintiff to use the name Shark Tour.
16. That Plaintiff is not aware of any patents, trademarks, copyrights and or any other
intellectual property concerning the use of the name "SHARK TOUR".
17. That prior to marketing Shark Tour, Plaintiff submitted an application with the U.S.
Patent & Trademark Office ("USPTO") to register the name "SHARK TOUR". A true
and correct copy of the confirmation e-mail is attached hereto and incorporated
herein as Plaintiff's Exhibit "D".
18. That on or about July 24, 2013, Plaintiff received an e-mail from a representative of
Robert Herjavec indicating that Mr. Herjavec is unable to participate in the Shark
Tour due to "some internal situations" with Defendant. Furthermore, as evidence of
the breach, Herjavec's agent offered to return the fifteen thousand dollar ($15,000)
Page 3 of6
deposit that was previously paid to Robert Herjavec. A true and correct copy of the
e-mail is attached hereto and incorporated herein as Plaintiff's Exhibit "E".
19. That in order to amicably resolve this situation and to prevent Plaintiff from suffering
damages, Plaintiff reached out to Defendant's legal counsel via e-mail in an attempt
to try to discuss the possibility of a joint venture. Plaintiff's attempt was unsuccessful.
A true and correct copy of the e-mail is attached hereto and incorporated herein as
Plaintiff's Exhibit "F".
COUNT I-TORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP
20. Plaintiff restates the allegations contained in Paragraphs 1 through 19 above as set
forth herein and further alleges:
21. That Plaintiff had a business relationship with Daymond John and Robert Herjavec.
22. That Defendant knew of the existence of the aforesaid relationship.
23. That Defendant visiting Plaintiff's website, www.sharktour2013.com which contains
information, pictures and videos of Daymond John, Robert Herjavec and Bobbie
Celler actively promoting SHARK TOUR. In fact, the website and the video clearly
states that the "Sharks", which include Daymond John and Robert Herjavec will be
speaking at the event.
24. That according to Google Analytics, Defendant visited the aforesaid website
approximately seventeen (17) times during the period of July 21, 2013 and July 24,
2013. A true and correct copy of the Google Analytics report is attached hereto and
incorporated herein as Plaintiff's Exhibit "G".
25. That Defendant intentionally and unjustifiably interfered with Plaintiff's relationship
with Daymond John and Robert Herjavec.
Page 4 of6
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26. That Defendant's conduct has caused Daymond John and Robert Herjavec to
breach their agreements with Plaintiff. See Plaintiffs Exhibits "C" and "E",
respectively.
27. That Plaintiff has suffered damages as a result.
COUNT II-TORTIOUS INTERFERENCE WITH A CONTRACTUAL
RELATIONSHIP
28. Plaintiff restates the allegations contained in Paragraphs 1 through 19 above as set
forth herein and further alleges:
29. That on or about June 17, 2013 and June 20, 2013, Plaintiff entered into contracts
with Daymond John and Robert Herjavec in which said individuals were to provide
speaking and presentation services to Plaintiffs Shark Tour & Entrepreneur Expo
Presented by Bobbie Celler. See Plaintiffs Exhibits "A" and "B", respectively.
30. That Defendant knew the existence of the said contracts.
31. That according to Google Analytics, Defendant visited the aforesaid website
approximately seventeen (17) times during the period of July 21, 2013 and July 24,
2013. See Plaintiffs Exhibit "G".
32. That Defendant intentionally procured Daymond Johnson and Robert Herjavec to
breach the aforesaid contracts with Plaintiff.
33. That Defendant Jacked any justification or privilege for its actions in procuring the
breach.
34. That Plaintiff has suffered damages as a result.
PageS of6
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Plaintiff's Demand for Jury Trial
Pursuant to Florida Rule 1.430, Fla. R. Civ. P., Plaintiff, THE CELLER LAW
ORGANIZATION, INC., demands a trial by jury on all issues so tribal in the cause of
action pled herein.
WHEREFORE, Plaintiff, THE CELLER LAW ORGANIZATION, INC., prays that this
Honorable Court enter judgment against Defendant, SONY PICTURES TELEVISION,
INC., including reasonable attorney's fees and costs as well as any and all further relief
this Court deems just and proper.
Dated this 25th day of July, 2013
Page 6 of6
Bobbie c;ener, Esq.
Fla. Bar.'No.: 47680
Seth J. Greenhill, Esq.
Fla. Bar No.: 97938
CELLER LAW, P.A.,
3600 FAU Boulevard 1 Suite 101 1
Boca Raton I FL 133431
1-855-Cellerlaw
T: 561-869-8989
F: 561- 948-4191
bceller@cellerlaw.com
sgreenhill@cellerlaw .com
SH/IRK
BRANDING
ENGAGEMENT AGREEMENT
This Agreement Is entered this 17'h day of June 2013 by and between Shark Branding Corp., a New York corporation with a
prlndpal place of business at 350 Fifth Avenue, Suite 6617, New York, New York 10118 for the spedflc services of
Daymond p/kla Daymond John as ldenUfled In Paragraph 1 below (referred to In this Agreement as the "Shark") and the
contracting party ldentffled In Paragraph 1 below.
The tenns and conditions set forth In Addendums A and B (the "Exhibits") are hereby Incorporated by reference In this
Agreement as If fully set forth In all respects. By executing this Agreement, you are agreeing to be bound to the tenns and
conditions contained In all attachments.
Now, therefore, In consideration of the premises and mutual promises contained In this Agreement and the Exhibits, the parties
agree as follows:
1. Contacting Party
a. Name:
b. Address:
The Celler OJijmlzatton ("Host")
lonovatlpn..Center_6
36
0
0 FAU Boulevard, Suite 101
Boca Ratgn, EL 33431
c. COntact Bobble Celler (CEO)/ Brad (Publicist) (ContiiCtNamo)
Info: 8Ctiller.@tllecellerorganlzatlon . com/8Maanayer@thecellergrpnlzation.com.(eoatact small)
(954) B:U-7208 (Bobble Celler)J (Can\IICt Phona)
2. Engagement. Shark shall provide the following speaking and presentation services of Daymond John for the engagement
to be held at the location and on the date specified below (hereinafter the "Event"):
Shark will appear on moderated panel
Shark will provide high resolution photos and biography for host to prepare marketing materials
Shark will send at least (2) two tweets to promote host's event
Shark will attend press conference while at the event
Shark will provide short video drop announdng partldpatlon In event
Shark will attend VIP meet & greet while at event
TOTAL TIME COMMITMENT AT THE EVENT NOT TO EXCEED (3) THREE HOURS
a. Name of Event: Shar:k lour ... Wine, food, & Career Expo Presented by Bobble Celler
b. Date: Saturday, November 2nd, 2013
c. Location: Orange Cgyncy CgnventloQ..(enter
94go universal Boulevard, Or!arufQ,FLJ2819
d. Topic: .U.s.lng.the..creatlv..e mlodJ:Qsucceed In business and life
e. Length: commitment, Including panel, press greet opt exceed
(3)1hree hours
3- Host Obligations.
a. In consideration for reserving a date for the Event, Host shall pay Shark the Fee specified In Paragraph 1 of the "Rider"
attached hereto as "Addendum A," In accordance with all of the tenns and conditions specified therein and In
Addendum B.
b. Host hereby agrees to provide reimbursement for all reasonable business expenses related to the Event that are
Incurred by Shark as specified In Paragraph 2 of the "Rider" attached hereto as "Addendum A."
c. Host shall provide and arrange for all of the requirements more specifically Identified In the "Rider" attached hereto as
"Addendum A."
4. Pre-Event questionnaire. Host agrees to complete the pre-event questionnaire attached hereto as Addendum "C" and
return It to Shark no later than thirty (30) days prior to the Event so that Host's specific objectives are addressed, provided
that failure to return this questionnaire and Shark's failure to address the specific obJectives at the Event shall not be
deemed a material breach of this Agreement In that Instance.
S- Contact. Any questions addressed to Shark regarding the Event shall be addressed to Champ at the following:
a. Telephone: 2.12-273-3311
------b.--maU:champ@sharkbrandlng.com .... _ ...
Exhibit "A"

THE UNDERSIGNED HOST HAS CAREFULLY READ THIS ENTIRE DOCUMENT, INCLUOITG T AODENDUMS, AND THE
UNDERSIGNED HOST A e S TO ALL THE TERMS AND CONDITIONS HEREIN AN ACKN9 DGES RECEIPT OF A COPY OF
THIS t-::::2
/J.I.G:_t;_t./. tf. _
7
1J't:W' ("Host") SHARK BRANDING COR . S, ): ..
....----;;r- 7 .....
BY: Authorlz_e_ BY: ----
B()bblt7 1Z Gt.L.tit1
BOTH ADDENDUM A "THE RIDER" AND ADDENDUM B"ADDITIONAL TERMS
AND CONDITIONS" CONTAIN IMPORTANT PROVISIONS THAT ARE
INCORPORATED INTO THE FOREGOING AGREEMENT BY REFERENCE,
INCLUDING BUT NOT LIMITED TO PAYMENT PROVISIONS AND A DESCRIPTION
OF CERTAIN EQUIPMENT REQUIREMENTS AND VARIOUS WORKING
CONDITIONS ESSENTIAL TO SHARK AND NECESSARY FOR THE HIGHEST
QUALITY ENGAGEMENT. PLEASE CALL OR EMAIL SHARK IF YOU HAVE ANY
QUESTIONS ABOUT THIS AGREEMENT OR ITS ADDENDUMS OR IF THERE ARE
SPECIFIC OBLIGATIONS WHICH ARE ANTICIPATED TO BE PROBLEMATIC. BY
SIGNING THIS AGREEMENT, THE CONTRACTING PARTIES ARE AGREEING TO
FULFILL ALL THE REQUIREMENTS LISTED AND BE BOUND BY ALL THE TERMS
AND CONDITIONS CONTAINED IN THESE AITACHMENTS.
ANY BREACH OF THE TERMS OF THE EXHIBITS WILL CONSTITUTE A BREACH
OF THE FOREGOING AGREEMENT.
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Addendum "A"
Rider
1. Fee & PaymentTenns. The Host agrees to pay Shark an Event fee of $30,GDO (the "Fee"), payable as follows:
a. A non-refundable deposit equal to Fifty Percent (501) of the Fee Is due Immediately upon execution of this
Agreement In order to secure the engagement date for the Event (the "Initial Deposit").
b. The remaining balance of Fifty Percent (So%) of the Fee Is due no less than twenty (20) days prior to Event
date as defined In Paragraph 2(b) of the Agreement (the "Balance").
c. All checks made payable to: Shartc Branding Corp and, If applicable, mailed to 350 Fifth Avenue Suite 6617,
New Yortc, NY 10118.
d. The Host Is responsible for any local taxes, Including city and state, which are Incurred as a result of the
Event, or Shark's services provided at the Event provided, however, that Shartc shall be responsible for any
Federal Income taxes due as a result of the Fee.
2. TraveJ Expenses, Per Diem & Provisions. The Host agrees to provide Shartc payment of the following expenses
no less than twenty (20) days prior to Event date as defined In Paragraph 2(b) of the Agreement:
a. Roundtrfp airfare to and from the location specified In Paragraph 2( c) of the Agreement:
I. (1) One First Oass Ticket departing and return to LaGuardia Airport, NYC ("LGA")
11. (1) One Coach Class Ticket departing and return to LGA
b. Upscale Hotel Rooms and Per Diem as follows:
I. Two (2) klngslzed, non-smoking, hotel rooms at an upscale hotel chain located In reasonable proximity
to the Event, as approved by Shartc In advance;
c. PerDiem:
I. $1oo.oo per diem per room/Individual for Incidentals.
d. Ground Transportation:
1. Business dass car service (SUV Is preferred) for the duration of Daymond John's participation In and
surrounding the Event, Including but not limited to, to and from the airport, hotel, and Event.
3 Audio VIdeo Requirements.
a. One (1) wireless, hands-free microphone;
b. One (1) video screen and appropriate connections to accommodate projection of the laptop, Including
Powerpolnts, video and/or pictures, and transmission of sound, Including but not limited the following
connections, If checked;
I. One (1) VIdeo Connection of eac.h type selected:
(1) HDMI;
(2) VGA Connection;
(3) S.Yldeo
(4) DVl
R. One ( 1) U 58 Connection;
iii. Secure Internet Access (either Ethernet or Wireless)
c. Adequate Sound system;
d. One (1) small table or podium to accommodate a laptop computer;
4 General Room & Food Requirements.
a. Green Room. Host shall provide a private Green Room or other private, secluded space for use as such, at
least thirty (30) minutes prior to the Event, which shall be supplied with the following items:
I. An assortment of bottle waters and other beverages.
II.
Ill. . . --------------------- --- --
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b. Stogfng. Host agrees to make a good faith effort to ensure the room In which the Event Is to occur Is set-up
as follows:
I.
II.
The dimensions of the stage shall be no less than 8' wide and 6' deep.
The stage and/or rostrum should be of sufficient height for all members of the audience to clearly see
Daymond John's face and body.
Ill. No other party shall be seated on the stage during Daymond John's speech, unless It Involves a panel
discussion or Is otherwise permitted by Daymond John In his sole discretion.
lv. There shall a minimum of six (6) feet as a buffer between stage and first row of seating.
v. Audience members should be directed to sit as dose to the stage as possible.
vi. Any empty seats remaining In the back of the area shall either be removed or roped off,
vii. If the Event Involves a meal, Host will ensure that aU table service Is ceased and that all audience
members have finished the meal prior to Daymond John taking the stage.
c. lighting. Host shall provide house lighting. Full house lights and a full stage wash and/or spot light to
remain on during speech.
5 Security. Host shall provide sufficient security for Ingress and egress to and from, and for the duration of, the
Event. Security shall meet Daymond John at his hotel a minimum of one hour prior to the Event, accompany
him to the Event, remain at the Event during the engagement, and transport Mr. John safely back to the hotel.
In the event adequate security cannot be provided by the Host, Host will advance all fees to be Incurred for
third-party security services retained by Shark.
2
1. Reproduction & Copyright.
Addendum "B"
Additional Terms & Conditions
a. Host Is not authorized or permitted, nor shall It authorize or permit, any person or entity to photograph,
record, broadcast, film or tape, the Event In any matter whatsoever, In or for any media whatsoever, the
presentation without the express prior written consent of Shark, unless otherwise specified In Paragraph
1(d) below. The Event shall remain the copyrighted Intellectual property of Shark, who expressly reserves
all rights, title and Interest In and to any such recording, flxatfon or reproduction.
b. Notwithstanding the foregoing paragraph, with the prior written approval of Shark In each Instance, Host
may allow approved media outlets to cover the event solely for purposes of local news In print and
television.
c. If Shark grants permission to record the Event, It shall be so noted In Paragraph 1(d) below and shall be
solely for purpose stated therein. Otherwise, no such permission Is granted.
d. [Optfon A: Intentionally Omitted.)
Host Is hereby authorized to use the Rights of Publicity (as defined below) In a tasteful manner In promoting
and marketing the Event. In addition, Host may use the Rights of Publicity for a term of 18 months to
promote and market Itself If It receives the prior written consent of Shark, which wUI not unreasonably be
withheld; provided, further, that the parties hereby understand and agree that the Rights of Publicity may
not be used for any commerdal purposes of selling products utfllzlng the Rights of Publldty without
obtaining the prior written approval of Shark.
z. Event Mari(etlng
a. Host may not use the name, likeness, voice, sobriquet, mannerisms, Image, biographical information,
trademark or other Indicia of Daymond John (the "Rights of Publldty") In any way or In any medium
(Including print, radio, television or Internet), lnduding but not limited to use as an endorsement of any
product or service In connection with any commercial tfeup, without the prior written permission of Shark,
except as otherwise provided In Paragraph 1 above.
b. Host may use the name and biographical Information of Daymond John In a press release and In marketing
efforts to advertise the Event, provided that Host receives the written preapproval of Shark prior to use In
each instance, which approval shall be given as soon as practical after submission of the request, but In no
Instance less than (1) business day, provided, however that Issuance of any press release or any such
marketing Is not permitted prior to payment of the Initial Deposit.
3 cancelhrtlon
a. If Host cancels the Event for any reason (Including a Force Majeure as per Paragraph 5 below) at any time
less than forty six (46) days prior to the date specified In Paragraph :z(b) of the Agreement, Shark shall be
entitled to retain the Initial Deposit plus any expenses advanced as liquidated damages.
b. If Shark cancels the Event In Its discretion (Including a Force Majeure as per Paragraph 5 below), Host's sole
remedy shall be the retum of the Initial Deposit and all expenses made In advance.
c. If Shark terminates this Agreement as a result of a material breach by Host of Its obligations thereunder,
Shark shall be entitled to retain the Initial Deposit and any expenses advance and shall Invoice Host for the
Balance as liquidated damages.
d. If payment of the Balance Is not made as per this Agreement, the Event Is subject to Immediate
cancellation.
4 Limits on Shark's Responsibilities and Uabllltles. Host acknowledges and agrees that:
a. Any advice, analyses and recommendations made by Daymond John during the Event constitute an
expression of opinion and are based on his prior experiences and are made without warranty oi' guarantee.
b. Shark Is an independent contractor In the performance of Its obligations under this Agreement, and nothing
hereunder shall be deemed to create an agency relationship between the Parties. This Agreement does not
authorize Host to act for the Shark as Its agent or to make commitments on behalf of Shark. H:ost shall not
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withhold payroll taxes, nor shall Shartt be covered by health, life, disability, or woriter's compensation
Insurance of Host.
c. Shark will not be liable or held accountable to Host or any other person claiming by or through Host for any
losses, damages or costs that result from, are caused by, or are Incurred In connection with, Shark's services
hereunder spedffcally Including, but not limited to, any claims artslng out of tort, personal InJury, death,
product liability or shareholder derivative actions. Host hereby releases Sharit from any and all such
liabilities pursuant to the following paragraph. In no event shall Daymond John or Shartt be liable for
consequential, Incidental, special or punitive damages arising from or related to the appearance or this or
any other agreement among the parties related to the Event.
d. Host hereby agrees to Indemnify and hold harmless Shartc, Its shareholders, members, managers, officers,
directors, employees, agents and representatives, for any and all expenses, claims, sults,.losses, costs, final
Judgments, settlements, or other damages Incurred by such persons, Including reasonable attorneys' fees,
that resulted from any breach by Host of any of Host's representations or obligations under this Agreement
or from Its use of any Product. For this purpose, Host agrees to either maintain or assure that adequate
llabiUty policies cover the Event with an Insurance company rated as A or better with A.M. Best.
5 Force Majeure
a. Notwithstanding any other provision of this Agreement, In the event that the performance of any
obligation under this Agreement by either Party Is prevented due to acts of God, exchange controls, export
or Import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances,
revolutions, strikes, terrorist attacks, lockouts, or any other cause beyond the reasonable control of a Party,
such Party shall not be to the other Parties failure or delay In performance of Its obligations
under this Agreement. Each Party shall promptly notify the other Parties of such force majeure condition.
The terms of this Clause shall not exempt, but merely suspend, any Party from Its duty to perform the
obligations under this Agreement until as soon as practicable after a force maJeure condition ceases to
exist.
6. Confidentiality.
a. It Is agreed that the terms and conditions of this agreement, including but not limited to, tl'le compensation
terms ("confidential Information") are confidential and a breach, either negligent or Intentional, of this
confidentiality shall be deemed a breach of this contract for which the breaching party may be held liable.
7 Jurisdiction.
a. This Agreement shall be Interpreted and construed pursuant of the laws of the State of New York without
regard to conflict of laws ruled applied In the City and State of New York. The parties hereto hereby consent
to personal )urtsdlctlon and venue exclusively In the State of New York with respect to any action or
proceeding (Including, without limitation, all pretrial proceedings and party depositions) brought with
respect to this Agreement.
8. Miscellaneous
a. Severability. A ruling by any court that one or more of the provisions contained In this Agreement Is Invalid,
Illegal or unenforceable In any respect shall not aHect any other provision of this Agreement. Thereafter,
this Agreement shall be construed as If the Invalid, Illegal, or unenforceable provision had been amended to
the extent necessary to be enforceable within the Jurisdiction of the court making the ruling.
b. Word Forms. Whenever used herein, the singular shall Include the plural, and the plural shall Include the
singular. The use of any gender, tense, or conjugation shall Include all genders, tenses, and conjugations.
c. Counterparts. This Agreement may be executed simultaneously In two or more counterparts, each of which
shall be deemed an original. In that event, In proving this Agreement It shall only be necessary to produce
or account for the counterpart signed by the party against whom the proof Is being presented.
d. Headings. The Section headings have been Included to convenience only, are not part of this Agreement
and shall not be taken as an Interpretation of any provision hereof.
e. Assignments, Amendments, Modlflcotlons and Binding effect. This Agreement may not be assigned by any
party or amended, waived, changed, modified or discharged except by an agreement In writing signed by all
of the parties, except that Shark may assign this Agreement to a subsidiary, parent, or otf1er affiliate or In
conjunction with a merger, reorganization, consolidation, or sale of all or substantially all of the stock or
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assets of Shark. Subfect to this provision, this Agreement shall Inure to the benefit of, and shall be binding
on the parties, their respective heirs, 5uccessors, executors, administrators, personal representatives, legal
representatives, successors, and assigns of the respective parties.
f. Integration. This Agreement represents the parties' final and complete expression of their understanding
with respect to the retention of Shark by Host and as to all matters lnduded herein. This Agreement
supersedes all prfor written or oral agreements of the parties concerning matters covered herein and may
not be contradicted by evidence of any prior or contemporaneous agreement, whether verbal or written.
g. Waiver of Breaches. Failure to Insist upon strict compliance with any of the terms, covenants or conditions
hereof shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or
condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or
more times shall not be deemed a waiver or relinquishment of that right or power at any other time.
h. Attorney's Fees. In the event of any legal action or proceedings to enforce the terms or understandings of
this Agreement, the prevailing party shall be entitled to collect Its costs and expenses, lndudlng, but not
limited to, a reasonable attorney's fee, from the nonprevalllng party.
------------ . - --- ---------------- --------- -- ------
This f;!Jroemonts tl"lis :mu nay nr .Juno ?.01.1 :1y 11nr1 hnlw"r.n Thn Col'"' Orgnnizalion. a Florioa
Corporation With a oronc''"'' 111ac:c ot ,,, :moo FfiU Ooulcv;Hd, St,ao 101 Bocn Raton.
rl. lor the :;:wcilic boo!<ing 5CIVICC::. ;J( Raben tICIJilVCC '" Parag<ii(Jh t
(rolortm.l m Uus A!J:cuncnl Hti ihc "ShJk"l and 1no contr,1ctong party 1don1iru;l 10 Paragrapl"l 2
bt.:low.
By executing thi:; Agrcumont. you it'il ug1nr.nn to bt: uound to lllc 1erms :mel t:nnditions r.on1nmcr1 '" a!l attachments
Now. lhoroforc. in co,.,snora11on ot lhc nr.d r.1uhJ:JI oromi5ns cont11inort '" Agrcomenl and
lhn Exhitlil:;. thl) partio5 ;gmo lol!ows
Conlachng Pnrty
a Namo: Tho Coller Org:Hli:at,nn
b. Address: lnnovillonr. ccntr:r 6
3600 FAU l:loulova<t. 1 :11
Ooca Halon. II 33-131
c. Conluct Bollhe (CF.Ol/ ArM Mar.r:,nyor
Into corn/ L'Mncmayr.r(utt,cccllc..ror<J.:Jnizillion.com
t954) 821 720R IBor.o:v Coil'"" llO!l?.!l03 (Bralt Mm;mayc-r) !C'.onlnCI Phone)
2. Engagement. Shnr\: sh.lll orovldo lno lnllowing ;u11.J .\cvco:; of Robert Horjavcc lor tho
ongagumentro be held al lho 1oca1Jor1 anr: on lh.o daln t:clow (horr:innltor tho
Event").
:lharll Will ilt>PIIilr nn mndorntlll.l panel
Shark Will provide hi!Jh resolution fllloto.' .1nd biO!JicJJht lor llCl5tlo morl<eling
1. Shark wili usc social network viil
1
acebook, twitter and website to promote
Exhibit "B"
2. Shark will recnrd a short video Promo announc111g the event.
3. Shark will call il' to r01dio for ;t '-0 or leu mnutP. radio irnerview with local radio
S. Meet 'n Greet- VIP's- 10 20 ( :!lecuritv wrll bl.' with Raben HOIJRYec ar all times.)
6. Shark will put seminar "Ticket master .. link on hr\ official
7. Three minute interview segment with Bobbie Celler's TV Show
On the Daily Bun, CW Netwurk.
Tol\11 lime commllment arrha evant norlo eJCcood (3) lr.rco hours
o. Name ol Evant: SHARK TOUR Bualnoso Expo a. Food Festival presented by Bobble Celler
b. Dale: Salurday, November 2nd 2013
c. Location: orango cnunry convonlion r:r.nrer.
9000 univerSAIIJOIJievard. Orlando. Fl. 3281!1
d. Tol)lc: using lho crcatlvo mind lo suc:xccct in buSiness nnd lllc
e. length: Tolalllmo commilmenl. incli.td"9 po1nol. press conleronco. and meo1 A grool, notro excood
(31 lhrue hours
& Paymer.r Tenns. The Hosl agrees to pay Shark an Even! leo or $30,000 (the "Fee"l
Plus hotel accommadlltionm & Ground Tronoponollan provided by Tho CGilor Organlzotlon.
Travel cose/reimbursement up to a 1st Class seat on a commercallimr IF Roherr Herjavec flies his own
jet, The Celler Organization will contribute the valul! amount of that first-class Ucket towards his costs.
payable as follow:,;:
a. A non-ralundllbiB tloposilaqunt to !"illy Pmr.enr nllho Foes due lmmodialely upon
oecutlon or !hill Agroemontrn order to the cngagomem daru lo rho Evon! (tho
Doposh1.
b. Tho remaining OOIIIJlco or Frlly Pvrcont :SO"'.) olrhe Fee is duo no less lhan twanry (20)
days prior to Event dale os dollnod rn Para!lraph 2(b) ollhe Agroement trhe oa1ance1.
c. Host may stream pntions t>l the ill Hnst's expense.
5. ClnlaCI. Any quasllons. addrasaed to T1le Cell8r Qganlzallon l8fJ8I'dlng Ita be adci18S8.8!t to Brad
MaaMawr
81 ihe folloWing:
a. TelepfiOne: .. 1.809;:2908
b. Email:
Host Is hereby authorized to use ths Rights of.PubOclly (as defined beloW) In a tasteful manner in
promoting an.ct merf<etlng the Event In addition. Host may. use U\e RightS ofP!Ibllclly rora tsnn.of
18 months lopromote and merkel itself.
UNDERSIGNED SHARK HAS CAREFUU;YREAD THIS ENTIIU! DOCUMENT,
SMARK AGREES TO AU THE TERMS AND CONDillONS HEREIN AND ACKNOWlEDGES RECEJPT:QF A
OOPV OF ffliS OOCUMENT.
Seth Greenhill
From:
Sent:
To:
Bobbie Celler
Thursday, July 25, 2013 11:30 AM
Seth Greenhill
Subject:
Fwd: The Daily Buzz - Daymond John & Stacia Pierce interview
Bobbie Celler, Esq.
President and CEO
The Celler Organization
Research Park at
Florida Atlantic University
Innovation Center 6
3600 FAU Boulevard I Suite 101 Boca Raton I FL I 33431
Phone: (561) 869-8980
Facsimile: (561) 300-2136
w\vw.TheCellerOrganization.com
Celler Law, P.A.- Managing Shareholder
EPS-Global - Managing Shareholder
Day 180 Auto Billing, Inc.- President
Healthcare Billing Solutions Group- President
Emergency Recovery, Inc.- President
Celler Entertainment, Inc.-
President
\VW\N.ScreamFest20 13.com
W\Vw.SharkTour20 13.com
Featured National Legal Expert:
http:/ /thed bz.com/get-vour-legal-buzz/
Sent from my iPhone
Begin forwarded message:
From: Brad MacMayer <bracllevhmacmayer@.gmail.com>
Date: July 25, 2013, I 0:15:05 AM EDT
To: "bceller@thecelleron:ranization.com" <bceller@thecelleronzanization.com>
Subject: Fwd: The Daily Buzz- Daymond John & Stacia Pierce interview
---------- Forwarded message ----------
From: Sandy Han
Date: Thursday, July 25, 2013
Subject: The Daily Buzz- Daymond John f?., <::t<>,.i<>
Exhibit "C"
To: Brad MacMayer <bradlevhmacmayer(@,umail.com>
Don't '"'orry- I know its not you. Sounds like Sony doesn't want you to use the name
Shark Tour.
Well hopefully all goes '"'ell. Thanks!
Sandy Han
Media Maison
Director of Client Accounts
0. 212-799-6100
c. 908-420-5439
sandv@rnediamaison.com
vvvvv,r. m ediama ison. com
On Thu, Jul25, 2013 at 7:31 AM, Brad MacMayer <bracllevhmacmaver(@gmail.com> wrote:
Hi Sandy:
I am sorry for the short-notice, but we will not be able to cover the interview this morning.
Mr. Celler and his wife Katy were going to cover the interview, however we received a call from
Daymond's camp yesterday indicating that there was an issue with Sony Pictures and Mr.
Celler's Shark Tour.
Due to this information, Mr. Celler is unable to leave his office and travel to Orlando in time.
I am really sorry, he just called me and you know I would not leave you hanging.
On Wed, Jul 24, 2013 at 4:43PM, Brad MacMayer <bracllevhmacmayer(@gmail.com> wrote:
It's already planned :)
On Wednesday, July 24, 2013, Sanely Han wrote:
2
Also, \vould love for Katy to interview Stacia after Daymond's interview too. Unless it
'"'as already planned :)
Thanks!
Sandy Han
Media Maison
0. 212-799-6100
C. 908-420-5439
sandv@medlamaison.com
w'"''"' mediamaison.com
On Wed, Jul24, 2013 at4:14 PM, Sandy Han <sandy@mediamaison.com> wrote:
Brad,
Do you have a cell # where Katy can be reached?
Sandy Han
Media Maison
0. 212-799-6100
C. 908-420-5439
sandy@mediamaison.com
wvvw.med iama ison.com
On Man, Jul 22, 2013 at 4:02 PM, Brad Mac Mayer <bradlevhmacmaver@.gmail.com> wrote:
Great! rhanks for the update Sandy! I hope you had a great weekend.
On Monday, July 22, 2013, Sandy Han wrote:
Hi Brad,
Here's the info you requested for The Daily Buzz. Thanks so much for all your help.
The Ultimate Success Conference where Daymond is speaking:
Date/Time: Thurs, 7/25 at uAM (15-20mins) let me know if you need more time
3
Brad MacMayer
4
~ - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - ~ - - ~ - - - -
Seth Greenhill
From:
Sent:
To:
Bobbie Celler
Thursday, July 25, 2013 1:33 PM
Seth Greenhill
- -- ~ - - - - - - -
Subject:
Fwd: The Application to Register Your Trademark Has Been Filed
Bobbie Celler, Esq.
President and CEO
Research Park at
Innovation Center 6
3600 FAU Boulevard I Suite 101
Phone: (561) 869-8980
Facsimile: (561) 300-2136
www.TheCellerOrganization.com
Celler Law, P .A.- Managing Shareholder
EPS-Giobal- Managing Shareholder
Boca Raton I FL I 33431
Emergency Recovery, Inc.- President
Celler Entertainment, Inc.-
President
www.ScreamFest2013.com
www.SharkTour2013.com
http://thedbz.com/get-your-legal-buzz/
Sent from my iPhone
From: "Amanda Harke" <aharke@thetrademarkcompany.com>
Date: July 3, 2013, 8:57:01 AM EDT
To: <bceller@thecellerorganization.com>
Subject: The Application to Register Your Trademark Has Been Filed
Please accept this correspondence as confirmation that your application to register SHARK TOUR was
filed today with the U.S. Patent & Trademark Office ("USPTO").
The application received Serial No 86001456. In approximately three (3) to five (5) months your
application will be assigned to an examining attorney at the USPTO. At that time, he or she will
conduct a thorough analysis of the application. We will next update you once the initial examination is
complete. In the interim, you may check on the status of your application at any time by simply clicking
on the link below and entering the serial number of your application provided above:
Exhibit "D"
Check Trademark Status
Again, thank you for choosing The Trademark Company. It has been our pleasure to serve you. We look
forward to updating you as to the status of this application in the coming months. In the interim, if you
have any questions regarding this or any other matter please do not hesitate to call.
The Trademark

Amanda Harke
Research and Applications Manager
The Trademark Company, PLLC
2703 Jones Franklin Road, Suite 206
Cary, NC 27518
Phone (800) 906-8626 x1 03
www .TheTrademarkCompany .com
Click Here to subscribe to our monthly Newsletters' Make sure to follow us for important tips and
informatipn relevant to the protection of your trademarks as well as for promotions and contests involving
our services.
NOTICE: This electronic mail message anrJ all attachments transm1ited with it are tniended solely for the use of the addressee and
may contain legally privileged and confidential informat1on. If t11e reader of this message is not the 1ntended recipient. or if an
employee or agent responsible for cielivenng this message to the ntended recipient. you are hereby notified that any dissemination.
distribution. copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in
error, please notify the sender immediately by replying to this message and please delete 1t from your computer
The Trademark Company PLLC is a Virginia Professional Limited Liability Company, Matthew H. Swyers. Esq. principal. Pnncipal
admitted to practice law in the Commonwealth of Virginia and the District of Columbia. Practice limited to the federal protection of
trademarks and copyrights.
2
- - - - - - - - - ~ - - - - - - - - - - - - - - -------
Seth Greenhill
From:
Sent:
To:
Cc:
Subject:
FYI
Brad,
Do not respond yet
Bobbie Celler, Esq.
President and CEO
The C ~ I l e r Organization
Research Park at
Innovation Center 6
Bobbie Celler
Thursday, July 25, 2013 2:26 PM
Seth Greenhill
Brad MacMayer
Fwd: Hi Zach
3600 F AU Boulevard I Suite I 01 Boca Raton I FL I 33431
Phone: (561) 869-8980
Facsimile: (561) 300-2136
\VWw.TheCellerOrganization.com
EPS-Global - Managing Shareholder
1-lealthcare Billing Solutions Group- President
Emergency Recovery, Inc. - President
Celler Entertainment, Inc. -
President
www.ScreamFestiO 13 .com
www.SharkTour20 13 .com
http://thedbz.com/get-your-legal-buzz/
Sent from my iPhone
From: Brad MacMayer <bmacmaver(ci).thecellerort!anization.com>
Date: July 25,2013,2:23:49 PM EDT
To: Bobbie celler <bceller@thecelleroruanization.com>
Subject: Fwd: Hi Zach
Just seen this ...
---------- Forwarded message ----------
Exhibit "E"
- - - - - - - - - - - - - - - - - - - - ~ - - - - -
From: Zach Rosenfield
Date: Wednesday, July 24, 2013
Subject: Hi Zach
To: Brad MacMayer <bmacmaver@thecellerorganization.com>
In the meanwhile, please accept our deepest apologies. Also, please let us know where we should send
the $15,000 that was previously sent to Robert.
From: Brad MacMayer [mailto:bmacmayerlalthecellerorganization.com]
Sent: Wednesday, July 24, 2013 6:02 PM
To: Zach Rosenfield
Subject: Re: Hi Zach
Zack,
Mr.Ccllcr would Like to salvage this problem with the network executives & also
speak with the Network/Producers, who is my point of contact?
On Wed, Jut 24, 2013 at 8:53 PM, Zach Rosenfield <zach(?J.sra-pr.com> wrote:
Hey Brad.
I don't work with Kevin so I can't help you there. I was going to email you in the morning because I have
to let you know that Robert is no longer able to participate in the event. He cannot participate because
of some internal situations within the network and production that we were previously unaware of that
prevents him from taking part.
I am sorry to be bringing you bad news.
Zach
From: Brad MacMayer [mailto:bmacmayer@thecellerorqanization.com]
Sent: Wednesday, July 24, 2013 5:47 PM
To: Zach Rosenfield
Subject: Hi Zach
2
Hi Zach!
I hope all is well.
I have a question, when Mr.Celler and I were in LA with you and Robert, l-Ie did mention to us
that Kevin 0' Leary may be available to do the Shark event in Orlando too.
Can you please let me know If he is available? l'vlr.Celler would like to explore this idea, Can
you please let me know?
Thanks
Brad-
Brad MacMayer
Director of Marketing and Public Relations
Bl'vl acl'vl a verrW,TheCe II erOr!!an ization .com
Bobbie Ccllcr's Scream fest 2013 @13B&T CENTER, Sunrise ,FL.
Tickets Available Now
http://bit.lv/136.Jdu7
3
Brad MacMayer
Director of Marketing and Public Relations
BMacMayerr@.TheCellerOrganization.com
Cell: (561) 809-2903
TheCellerOrganization.com
Research and Development Park at Florida Atlantic University
Innovation Center 6
3600 FAU Boulevard I Suite 101 I Boca RC!ton I FL 133431
Office: 561-869-8974
Fax: 561-300-2136
4
Seth Greenhill
From:
Sent:
l'o:
Subject:
Good moming Attorney Weil:
Bobbie Celler
Thursday, July 25, 2013 3:54 AM
leah_weil@spe.sony.com
Celler Entertainment vs. Sony Entertainment
My name is Bobbie Celler and I am the national legal host of The Daily Buzz on the CW network as well
managing partner ofCeller Law, P.A., CEO ofCeller Entertainment and many other companies.
As you are probably aware, we have legally contracted with three of your current Shark cast to engage in public
speak engagements at the Shark Tour and Entrepreneur Expo presented by me, Bobbie Celler starting on
November 2013 in Orlando, FL.
It has come to our attention that Sony Entertainment has coerced at least two ol' our contracted talent to cancel
their contract with us.
This will cause significant detriment and substantial financial harm to our company and ensure the failure of all
anticipated revenue for the first event as well as the 2014 Tour.
Our anticipated revenue for our first event is in exceeds if $3,000,000 and over $50,000,000 projected in 2014.
Prior to immediate legal action being taken for tortuous interference of contracts and business relationships
against Sony Ente11ainment, I wanted to attempt to resolve this amicably.
We believe that the Shark Tour TM will be the most successful business tour ever conducted.
I would like to set-up a conference call or meeting to discuss working together in terms of a joint venture prior
to a lawsuit being filed to protect our rights. If we are able to create an arrangement that is profitable for all
parties, this is something that 1 am willing to explore.
I will need you hear from you by 3:00pm Pacific as to this option.
Thank you,
Bobbie Celler, Esq.
For The Firm
President and CEO
Research Park at
Innovation Center 6
3600 FAU Boulevard I Suite I 01 Boca Raton I FL I 33431
Phone: (561) 869-8980
Facsimile: (561) 300-2136
\VWvv.TheCellerOraanization.com
1
Exhibit "F"
EPS-Global -Managing Shareholder
Emergency Recovery, Inc. -President
Celler Ente11ainment, Inc. -
President
www.ScreamFest20 13.com
www.Shark'four20 13 .com
http://thedbz.com/get-vour-lee:al-buzzJ
Sent from my iPhone
2
Go gle Analytics
Sh<u'k Tour. http:ll5harktour1013.comJ
All Wob Silo Data
Network
ALL " SERVICE PROVIDER: sony pictures entenainment inc
%of visits: 3.55%
Explorer
Site Usage
Visits
tO
Jun 29
Sorvico Provldor Visits
Go to t111s repon
Jun 24, 2013- Jul 24, 2013
Jul6 Jult3 Jul20
Pages I Visit Avg. Visit Duration %Now Visits Bounco Rate
17 2.82 00:04:25 88.24% 41.18%
% of Totnl: 3.55% (4791 S11e Avg 2.35 IZO.OI"!.) Site A':Jg 00:02:11 (101.261.1 S110 A'Jg: 75.99% (16.11'1.1 S1te Avg 52.82% (-2z.o.c,.,
1. sony pictures entenainment inc 17 2.82 00:04:25 88.24% 41.18%
flows 1 t of t
2013 Google
Exhibit "G"
II: G:
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Exhibit A

Case 1:13-cv-22786-XXXX Document 1-2 Entered on FLSD Docket 08/02/2013 Page 1 of 36

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