Phоebe оwned а stоre locаted in Houston, Texаs, that sold professional photography prints. Phoebe had worked for several years with Derek (the owner of Derek’s Distribution) who consistently provided her quality photo prints that were in high demand from many of her interior designer customers. About a month after the Artemis II mission to the moon, Derek reached out to Phoebe by telephone and informed her that he had friends who worked at NASA that could get him newly released photo prints of the moon taken by the Artemis II crew. Specifically, Derek said: “We’re talking about never-before-seen close-up photographs from the dark side of the moon, including the bright spot on the moon close to the Glushko Crater. I’ve personally viewed these photo prints, and I can assure you that the photography is of the highest quality and your customers will not be disappointed.” Phoebe immediately knew this would be a great opportunity for a spring promotion for her store and told Derek to email her the proposed written agreement. That afternoon, Derek sent her an email with the agreement for her to sign. Included in the agreement was a paragraph requiring Phoebe’s Professional Photo Prints to produce a written claim of any alleged defect to be sent to Derek’s Distribution within 14 days of discovery before any lawsuit could be filed. After quickly reviewing the agreement, Phoebe signed it and returned it to him. As soon as Phoebe began promoting these photo prints of the moon and once the news hit social media, Phoebe’s store was inundated with phone calls from customers who wanted to pre-order their copies of the never-before-seen photo prints of the moon. Once the moon photo prints arrived, they were a hit and the sales for Phoebe’s store were dramatically increasing from the prior month. One day, she was surprised to see an email from Derek saying that he was going to immediately stop any deliveries of these moon photo prints since she failed to make any payment last month. Quickly, she sent an apology to him stating that her business had picked up so much that she fell behind in her monthly payment and asked if he would reconsider. That afternoon, Derek responded and said given their long history of doing business together he would resume deliveries of the moon photo prints if she signed the attached agreement confirming she would never be late again with monthly payments. Phoebe signed the agreement, and the deliveries continued to her store. A month later (after Phoebe failed to pay another invoice to Derek) she noticed that recent deliveries of the photo prints of the moon had white streaks in the dark areas surrounding the moon. Phoebe angrily picked up the phone to contact her attorney and said she was no longer doing any business with Derek. Discuss all legal theories Phoebe may have to sue Derek’s Distribution. Discuss any defenses and issues Derek can raise to dispute Phoebe’s lawsuit.