Planner contract

Knottie54371746

I have met with a day-of coordination outfit that I really like, but their contract is kind of aggressive and has a problematic gap. It says if the vendor cancels at least 90 days before the wedding, they will issue refunds. It does not list the vendor's obligations if they cancel within 90 days of the wedding other than to say that their responsibility and liability for non-performance shall not exceed the contract amount. That is fine, but I would really prefer to see specific language saying that a refund of the deposit would also be issued due to cancellation within 90 days.

There were a few other issues with the contract. It seemed a little over-broad as to what would constitute a breach. There was a grammatical error and it also made acts of God cancellation subject to payment of the entire contract, which I didn't really see a reason for (non-act of God cancellations are not subject to entire contract if they happen 90 days before the wedding).

I emailed the planners and requested some edits to the contract. They were very kind and responsive and forwarded it to the company owner. However, she declined to make changes. I can understand that people are not comfortable assessing contracts without the help of a lawyer and that lawyers cost money, so I could see why she would make a business decision to not change the contract. Also, they told me that no one else ever had a problem with the contract.

At the end of the day, this outfit has great reviews and the total investment is not so great that it would catastrophic if I did end up being on the hook for the full amount while not getting the services. But I'd be angry.

Question is, am I worrying too much about the worst-case scenario? Or is the vendor's loose-ended contract and lack of flexibility a red flag?

SaintPaulGal

If they're not amenable to changing the official contract language, could they at least clarify via email what happens if X or Y occurs? Those emails become part of the record and you can refer to them if the shit hits the fan. 

lyndausvi

What kinds of changes do you want?  

For example, my DH is a chef.   He will order speciality items up to 10 days out.  Most of the stuff 3-4 days out.  He will start prepping 1-3 days out.  So if an act of god occurs and the event has to be cancelled he is out that money.  Not only from product, but labor.   that is not exactly fair, either.  Just because they are a business doesn't mean they can just eat the costs (well DH's place could, but that is not the case for a lot of caterers).  

 It's not unusual (it's in all the clubs contracts) that even acts of gods you will still pay for things like catering.    We also rent a lot if items.  So if the rental company has delivered the stuff and  is going to charge us, we are going to charge you.

Now we will not charge for other items.  Although that might depend on when the act of god occurs.  The day of, yeah, we are still requiring you to pay something because staff and things are already setup.   Acts of god more than 48/72 for catering and day out for other stuff,  I do not get why you would have to pay anything.


My wedding had an act of god.  We had a very strong tropical storm arrive on the wedding day.  In a tent.   The wedding went on, but we would have been on the hook if it didn't.   Chances you take.



ETA - I've worked a couple of events that got delayed or changed because of an act of god.  As vendors we work with the client.  We have moved events to different days, locations with in the property or a totally different venue altogether, give credits for future events, depends on situation.  We do not just take the money and run. I'm sure there are some assholes who do, but most are going to work with you.

Knottie54371746

I understand that late-in-the game cancellations should be subject to full payment. And I understand that act of God provisions make it clear that even things out of the contract signer's control can affect their obligations.

My problem is the inconsistency in the contract. First, it says that I can cancel at least 90 days out and only be on the hook for the deposit. Then it says that if I cancel the wedding, refund is limited to unearned fees, fees in excess, etc, but that if I cancel within 14 days of the wedding, then I have to pay the full amount. And then it says that act of God cancellations are subject to the full amount. So I could conceivably cancel my wedding 15 days out because I want to elope and get some refund, but if a fire destroys my venue 91 days before the wedding and I cancel it, I'm subject for the full amount.

But I think both points are good. I should just try to get clarification and expect that they will work with me in case of issues.

SP29

I agree with SPG, who suggested you ask via e-mail what would happen in case of X,Y,Z, and that will become part of legal documentation, should anything happen.

lyndausvi

Knottie54371746 said:

I understand that late-in-the game cancellations should be subject to full payment. And I understand that act of God provisions make it clear that even things out of the contract signer's control can affect their obligations.

My problem is the inconsistency in the contract. First, it says that I can cancel at least 90 days out and only be on the hook for the deposit. Then it says that if I cancel the wedding, refund is limited to unearned fees, fees in excess, etc, but that if I cancel within 14 days of the wedding, then I have to pay the full amount. And then it says that act of God cancellations are subject to the full amount. So I could conceivably cancel my wedding 15 days out because I want to elope and get some refund, but if a fire destroys my venue 91 days before the wedding and I cancel it, I'm subject for the full amount.

But I think both points are good. I should just try to get clarification and expect that they will work with me in case of issues.

Your example isn't very good.  First, unless it's lighting, fire is not an act of god.   And even in the case of lightning and the place burns down the venue then they are the ones cancelling not you.  You would get your money back.  

Plus at 91 day you are able to cancel with only owing the deposit anyway, but again, in your example it's the venue cancelling not you.

Acts of god normally thought of as snow storms, rains/floods the day of the event.  Not months/weeks out.  

 So say there is a snow storm the day of and you and/or the guests can't get to the venue.  Well too bad, you still have to pay.   Now say there is a flood 5 weeks out and the place is unusable.   Then the venue is the one who has to cancel because they can't provide a service anymore and you are off the hook (with them, maybe not the non-venue vendors).   If it is usable and you want to still cancel, well then you are on the hook.

As far as the non-venue vendors, well they will often work with you.     In the case of a fire the average couple doesn't cancel, they just find a new venue and move the vendors over to the new place.  


Sure get clarification on what they consider acts of gods and the time frame of when they occur, but what I posted above is pretty standard.  

charlotte989875

Ad for a Parisian lawyer? Thinking this is a vendor @KnotRiley

levioosa

How bad is that lawyer's business that he's advertising on an American based company's wedding website? I get we have international users, but really?