Nonrefundable payments?

bubblylove

Hi all,

I was on here a ton for years after my own wedding 16 years ago but been away awhile. Now helping with my daughter's wedding!

Went to sign venue contract tonight and found something odd. It says "All payments on nonrefundable." I understand a deposit being nonrefundable but every dollar? So we can't cancel for any reason and get money back? Is that normal?

In addition, it says nothing about if they are unable to fulfill the contract - aka if the barn falls down do we get no money back? 

The full language is this: 

"I am making a NON-refundable deposit toward my Wedding: $1,000
Wedding date: Sat, Aug 24, 2024 12:30 PM - 10:30 PM
I understand that if I do not pay in full today, I am choosing auto payment plan option, that will be the remainder after the deposit divided by up to 12 months with full payment due 30 days before the wedding date. All payments are nonrefundable. Payments can be made to xxx by Debit/Credit Card or ACH and will be pulled automatically each month starting 30 days from your deposit. You are also welcomed to pay in full at the time of deposit and we will credit you a 5% discount plus 2% if you pay with a check or cash. Full payment due a month before the wedding date."

That's it. 

Am I right to be concerned?

aaliyahk44

Hmm i guess its something to discuss and decide with your partner, if you’re not comfortable perhaps find a place with more flexibility regarding cancellations or rescheduling 

climbingsingle

Congrats on your daughter's upcoming wedding! 

I do think it's weird that it says all payments are non-refundable. I don't remember that being the case. In fact, I do remember a specific cancelation policy that stated how much was refundable. 

banana468

Doesn't pass my smell test.  All payments being non refundable does not work and any business I worked with had a payment schedule and notes about the portion that would be refunded as the date approached.  There was a point where $ was non refundable but not from the start.  I'd run away. 

short+sassy

I remember you, @bubblylove!  Welcome back and congrats to your daughter.

I am understanding that part of the contract in the same way.  That any monies paid are non-refundable.  I feel like that's unusual, but maybe it isn't in your all's area.  But can't say for certain.  My own wedding was about 10 years ago.  I've also thrown some office Christmas parties at venues.  Those had a deposit that was non-refundable, but the rest of the payments were refundable, except within the last 30 days of the event.  However, those events were before the pandemic.

If the venue isn't able to perform, I feel like that would be a legal exception to the non-refundable rule.  But just to be safe, I'd ask for them to add a clause like that.

charlotte989875

I would ask them to clarify the language. I can see why you’re worried because I would read it that way too, although I wonder if they’re referring to the deposit being non-refundable, especially because the rest of the payment (specifically the amount) isn’t mentioned. 

MesmrEwe

Ask them to clarify the language in writing as a rider to the contract with "What happens if the Venue Cannot fulfill their part of the contract".  Sh** happens - Covid.  Electrician pooping a chicken and flooding the whole downstairs (ISYN, that happened at my office!  Wouldn't have happened if the guy hadn't walked away from the toilet overflowing without plunging it nor telling anyone!).  "Act of God Clause".  Tornado goes through and rips the roof off..  Not their nor your fault, but you shouldn't be on the hook if they can't come through with their part of things.  

bubblylove

Thanks all. We chatted today about tornados, bankruptcy etc. I sent them proposed language from a friend of mine's contract. Basically says if we cancel we lose the money; if act of god/nature then we get a credit; if they fail (closure etc) we get all but the deposit back. Hopefully they will agree because it took us a while to settle on a place and my daughter loves it. 

I will say a lot seems different in the wedding world since my time!!!

CharmedPam

That seems VERY reasonable @bubblylove.  GL with it all!