Have you ever come across a vendor contract like this?

shoegal715 · November 2010

Hey girls,

I've been in contact with a vendor and she sent me a contact for her services. It's different from all of our other contracts in that it seems to say that even if we cancel services before the date final payment is due, we still are required to pay the full amount. (As opposed to just forfeiting the deposit).

Also, "other unforeseen circumstances" seems almost like sloppy drafting, as it's very ambiguous and general.

I'm wrote back for clarification, but I'm curious if anyone has come across a similar clause in an agreement.

"It is understood that the client will be responsible for payment of the total amount due on the final agreement contract, regardless of cancellation of wedding, natural disaster, or other unforeseen circumstances. In the event full payment is not received, the client will be responsible to pay additional interest charges and any collection expenses incurred by company.

andy71781 · November 2010

I think that's pretty standard. You can ask her to change the language re: deposit if you want but I knew I was on the hook for almost all of my vendors a couple months out for the wedding. the other unforeseen circumstances is really just another way to say "Act of God" - which you are welcome to negotiate with her. I think its pretty normal.

I found myself noticing things that I didn't like in my vendor contracts and getting some things changed. I'm a lawyer so I think I think its fun to read the fine print. The refund and cancellation policy is pretty hard to change though because they will lose $$ if you cancel.

shoegal715 · November 2010

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_ever-come-across-vendor-contract-like-this?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:4550eaee-fd6d-408b-8585-a29b34539e84Post:b63acaaa-70a7-4661-95e9-accf5af4262c">Re: Have you ever come across a vendor contract like this?</a>:
[QUOTE]I think that's pretty standard. You can ask her to change the language re: deposit if you want but I knew I was on the hook for almost all of my vendors a couple months out for the wedding. the other unforeseen circumstances is really just another way to say "Act of God" - which you are welcome to negotiate with her. I think its pretty normal. I found myself noticing things that I didn't like in my vendor contracts and getting some things changed. I'm a lawyer so I think I think its fun to read the fine print. <strong>The refund and cancellation policy is pretty hard to change though because they will lose $$ if you cancel. </strong>
Posted by andy71781[/QUOTE]<div>
</div><div>Yeah, I agree with you on that one. </div><div>
</div><div>Based on her wording, it appears that if I put a deposit down today, and tomorrow she gets sick and can't do the date, I would still have to pay because it's an unforeseen circumstance. </div><div>
</div><div>I know it's an extreme example, but that would technically be covered under her contract because unforeseen circumstance isn't defined, even whether or not it's an unforeseen circumstance on her end, our our end.

</div>

sister2groom · November 2010

It would depend on what this vendor was for, i.e. how much the services were. If it was the hairdresser for $75, I might not stress about it, but the catering, I would.

The only part that really bother is "Other unforseen circumstances" because it's something that's too vague for my comfort. It could technically include an injury or family emergency the vendor faces, which I don't think you should be responsible for.

lyndausvi · November 2010

Yes, I think it's pretty standard.

Unforseen circumstances could include death or another medical situation, venue burning down or going out of business, etc.

I would clarify if there is a difference if you cancel or her.

shortee426 · November 2010

Maybe clarify with her about whether it includes illness or something on her end. It does not seem reasonable that you pay if she cancels.

gailpete · November 2010

We included a paragraph in some of our contracts that if the vendor was unable to fulfill the terms of the contract for any reason, including ceasing business operations, they would return our deposit and help us find another vendor of equal of better quality for the same original price. They didn't necessarily like it, but they did include it.

squirrly · November 2010

I think it's pretty standard, but I don't personally like it and I'd hve been disinclined to sign such a contract. I'd have asked for that part to be changed so that cancellation for any reason at least X days out would result in the forfeiture of the deposit, but no further payment due. That's the basic idea in our photog's contract, and our cake baker, and that's what I prefer. They both also said if they were unable to provide services as contracted, they would secure replacement vendor(s) for us at their cost (provided that we paid the remaining balance due).

zantster · November 2010

I agree with squirrly. It is not standard from my experience to have no other choices.

I wanted an Act of God clause in my DJ contract in case lightning or a tornado smashed the venue windows or something crazy happened like an immediate family member unexpectedly passed away. The vendor told me they weren't able to do it and tried to scare me by saying no other DJ would either. I challenged them on it and said I would see about that. All of a sudden the vendor's attitude changed and they agreed to include it. But it was too little too late. I'd already found another awesome DJ who not only included an Act of God clause but a Money Back Guarantee if they could not fulfill their duties or were unable to provide a replacement.

Also, again in agreement with squirrly, I am on the hook for a higher percentage of the venue costs as the date draws closer e.g. I cannot cancel with one month to go without paying full cost. But I can cancel with six months to go and I forfeit the deposit.

Others may disagree but I think you should stand your ground and not sign a contract without:

1) Act of God clause that protects you
2) Deposit is forfeited with cancellation but full cost is not expected unless you fail to cancel by (fill in date) here _______
3) Require that either vendor find a replacement vendor if they are unable to fulfill duties per the contract or refund your money if services are not rendered. And them saying they can do it for you on another day is not acceptable either because you would lose too much money trying to reschedule all of your other vendors for one's emergency situation or whatever.

Otherwise, if you want to go ahead with them anyway you may want to consider wedding insurance. Hope this helps. Good luck!

sap82478 · November 2010

Thanks for this post, NOW I know what to look for. I just think of all the people who were supposed to get married the weekend we had a black out... UGH that would suck Thanks for the post

Have you ever come across a vendor contract like this?

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