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So..photographer will be 7 months pregnant...

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Re: So..photographer will be 7 months pregnant...

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    I used some friends as vendors, and I still had a contract with every person.
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    1. Get contracts ASAP. Any reputable vendor should be willing to do this. 2. Don't stress about your photog being pregnant, but give yourself the peace of mind and ask her about concrete back-up plans (and get them in writing). Chances are things will be fine but just in case… Best of luck!
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    Are you worried she's going to deliver early? Or not make it to your wedding? 

    I would discuss what her back-up plan is - not just because she's pregnant. She needs a back-up plan no matter what - if she gets sick, has an emergency, etc. If you're satisfied with her back-up plan, then keep with her. If not, ask her about severing the contract. It may mean losing your deposit.

    ETA: Since you asked, I would not worry about this.
    Just wanted to add, there is no contract to sever (unless you count emails).  I think we could get our deposit back if we backed out.
    I get that it's water under the bridge, but you should never give anyone money (deposit or otherwise) without a contract in place. 

    You really should work with her ASAP to get one in place. She probably has a template she normally uses. I would ask for that. If she doesn't have one, google one, adjust the terms to where you're comfortable (including back up plan info) and then y'all need to sign it. 
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    PDKH said:
    Everyone (specifically my parents who are paying for all this) pacified me about the contracts by saying that the vendors' reputations would prevent them from doing anything crazy like not showing up.  While this is probably true, I think I will go ahead and ask for something written.  This is all amplified by the fact that I am planning this from 6 hours away.  But I think for my own peace of mind, I'll need the written documents.  Thanks guys!
    But you have zero guarantee of this. None. 

    And in my mind, any reputable business insists on written contracts for their own sake and protection.
    Exactly, because what if the customer decided to not pay their bill?  
    Wedding Countdown Ticker
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    Just as an FYI, (and yes, we did have a contract), our photographers were part of a larger network of independent photogs, and it was their responsibility to provide us with two shooters on our wedding day if they could not make it due to emergency/illness/etc. It was a standard question we asked when interviewing. Granted, we would not have had THEIR images, but we would have had photos, no matter what. This was without extenuating circumstances like pregnancy. Your photog absolutely should have a solid backup plan, and you should have it in a signed contract. If she can't provide it, I'd find another photog honestly.

    7 months is generally pretty safe, but any number of things could happen to an individual.
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    No matter their "reputation," I would never in a million years give a vendor my hard-earned money if they refused to have a written agreement! (Not saying they are refusing, just making the point that reputation doesn't trump the need to legally/financially protect yourself).
    I totally agree with this, but for some reason I was the only one who was worried about it.  Also wanted to add, we haven't paid the deposits on the caterer or florist.  Apparently this is "busy season" and they are reluctant to respond to emails/phone calls.  Seeing as how I am 6 hours away, I can't go visit them in person.  Ultimately, the whole thing has been a little bit of a nightmare getting in touch with these people consistently. 
    How reluctant?  I mean if they go one or two days (3 tops) without getting back to you that is one thing.  But if they go a week plus then I think it is time to find other vendors.

    And you need to start trusting your gut.  If you are worried about it then you need to do something about it.

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    This seems odd.

    All of our vendors have backups in place. Admittedly, we're less thrilled with our backup photographer option but we're still set if there are problems. I'd definitely have that conversation.
    Daisypath Anniversary tickers
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    Also, does email count as a sort of "verbal" contract?  Most of the vendors said they just use email communication as back-up documentation if something was needed later on.  I do have most of the terms via email for each vendor.
    Emails are way better than phone conversations because it's proof beyond just your word against theirs. But it's still not as good as a contract. A very close friend of the family who we've known for years is doing my wedding photography and we have an iron-clad contract because business is business. At least type something up that details the service they owe you, the date and time they are to perform the service, the exact amount you are supposed to pay them, and the date this payment is due. Don't forget to specify details, for example if your florist says they might substitute a certain type of flower if it isn't available, include in the contract exactly which types of flowers are acceptable substitutes etc. As far as the 7 months pregnant thing, though, it's not a big deal. My boss worked up until the day before she delivered, as did one of my close friends who's a nurse and on her feet all day. My cousin's wife was out kayaking at 9 months. Don't underestimate the power of a pregnant chick lol.
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    Sorry, my paragraphs got eaten!
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    No matter their "reputation," I would never in a million years give a vendor my hard-earned money if they refused to have a written agreement! (Not saying they are refusing, just making the point that reputation doesn't trump the need to legally/financially protect yourself).
    I totally agree with this, but for some reason I was the only one who was worried about it.  Also wanted to add, we haven't paid the deposits on the caterer or florist.  Apparently this is "busy season" and they are reluctant to respond to emails/phone calls.  Seeing as how I am 6 hours away, I can't go visit them in person.  Ultimately, the whole thing has been a little bit of a nightmare getting in touch with these people consistently. 
    How reluctant?  I mean if they go one or two days (3 tops) without getting back to you that is one thing.  But if they go a week plus then I think it is time to find other vendors.

    And you need to start trusting your gut.  If you are worried about it then you need to do something about it.
    The caterer took about 2 months to get us a quote after our initial meeting, and this was after I sent several emails and  FI blew up his phone for 3 days.  This guy has a reputation for being hard to get in touch with, but supposedly he "follows through when it counts".  We had a family member use him back in March and all was fine, but they told us specifically that we'd have to deal with his slow response.

    The caterer and the florist are the preferred vendors for our reception venue.  We'd have to pay extra to get other vendors, so we are understandably reluctant to do so.  Also, as I'm not the one paying, I feel like I don't have much of a say in paying extra money.

    I do think I'm going to do as others have suggested though, and get something written down once we get our deposits in.  Hopefully this will ease my mind a little.  I'm also going to find a different photographer if our current one can't provide backup. 

    I definitely agree with the pp's who have said to always have a contract.  If you are lurking and in the beginning stages of planning, make sure this is a priority.  It probably would have saved me a lot of past and future headaches.
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    Also, does email count as a sort of "verbal" contract?  Most of the vendors said they just use email communication as back-up documentation if something was needed later on.  I do have most of the terms via email for each vendor.
    Emails are way better than phone conversations because it's proof beyond just your word against theirs. But it's still not as good as a contract. A very close friend of the family who we've known for years is doing my wedding photography and we have an iron-clad contract because business is business. At least type something up that details the service they owe you, the date and time they are to perform the service, the exact amount you are supposed to pay them, and the date this payment is due. Don't forget to specify details, for example if your florist says they might substitute a certain type of flower if it isn't available, include in the contract exactly which types of flowers are acceptable substitutes etc. As far as the 7 months pregnant thing, though, it's not a big deal. My boss worked up until the day before she delivered, as did one of my close friends who's a nurse and on her feet all day. My cousin's wife was out kayaking at 9 months. Don't underestimate the power of a pregnant chick lol.
    This is good to know if we end up keeping her.  The best scenario is still having her there as our photographer, as we love her and her photos. 
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    No matter their "reputation," I would never in a million years give a vendor my hard-earned money if they refused to have a written agreement! (Not saying they are refusing, just making the point that reputation doesn't trump the need to legally/financially protect yourself).
    I totally agree with this, but for some reason I was the only one who was worried about it.  Also wanted to add, we haven't paid the deposits on the caterer or florist.  Apparently this is "busy season" and they are reluctant to respond to emails/phone calls.  Seeing as how I am 6 hours away, I can't go visit them in person.  Ultimately, the whole thing has been a little bit of a nightmare getting in touch with these people consistently. 
    How reluctant?  I mean if they go one or two days (3 tops) without getting back to you that is one thing.  But if they go a week plus then I think it is time to find other vendors.

    And you need to start trusting your gut.  If you are worried about it then you need to do something about it.
    The caterer took about 2 months to get us a quote after our initial meeting, and this was after I sent several emails and  FI blew up his phone for 3 days.  This guy has a reputation for being hard to get in touch with, but supposedly he "follows through when it counts".  We had a family member use him back in March and all was fine, but they told us specifically that we'd have to deal with his slow response.

    The caterer and the florist are the preferred vendors for our reception venue.  We'd have to pay extra to get other vendors, so we are understandably reluctant to do so.  Also, as I'm not the one paying, I feel like I don't have much of a say in paying extra money.

    I do think I'm going to do as others have suggested though, and get something written down once we get our deposits in.  Hopefully this will ease my mind a little.  I'm also going to find a different photographer if our current one can't provide backup. 

    I definitely agree with the pp's who have said to always have a contract.  If you are lurking and in the beginning stages of planning, make sure this is a priority.  It probably would have saved me a lot of past and future headaches.
    You should have something written down and agreed upon prior to giving them any money.

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    PDKH said:
    No matter their "reputation," I would never in a million years give a vendor my hard-earned money if they refused to have a written agreement! (Not saying they are refusing, just making the point that reputation doesn't trump the need to legally/financially protect yourself).
    I totally agree with this, but for some reason I was the only one who was worried about it.  Also wanted to add, we haven't paid the deposits on the caterer or florist.  Apparently this is "busy season" and they are reluctant to respond to emails/phone calls.  Seeing as how I am 6 hours away, I can't go visit them in person.  Ultimately, the whole thing has been a little bit of a nightmare getting in touch with these people consistently. 
    How reluctant?  I mean if they go one or two days (3 tops) without getting back to you that is one thing.  But if they go a week plus then I think it is time to find other vendors.

    And you need to start trusting your gut.  If you are worried about it then you need to do something about it.
    The caterer took about 2 months to get us a quote after our initial meeting, and this was after I sent several emails and  FI blew up his phone for 3 days.  This guy has a reputation for being hard to get in touch with, but supposedly he "follows through when it counts".  We had a family member use him back in March and all was fine, but they told us specifically that we'd have to deal with his slow response.

    The caterer and the florist are the preferred vendors for our reception venue.  We'd have to pay extra to get other vendors, so we are understandably reluctant to do so.  Also, as I'm not the one paying, I feel like I don't have much of a say in paying extra money.

    I do think I'm going to do as others have suggested though, and get something written down once we get our deposits in.  Hopefully this will ease my mind a little.  I'm also going to find a different photographer if our current one can't provide backup. 

    I definitely agree with the pp's who have said to always have a contract.  If you are lurking and in the beginning stages of planning, make sure this is a priority.  It probably would have saved me a lot of past and future headaches.
    Oh my gosh. Please, please, please call him today and say you need something in writing ASAP. 2 months to get you a quote is ridiculous; I'm wondering if he's offering shameful customer service because he thinks he's got you "in the bag" with the venue restrictions. Don't stand for it. Insist on a contract in a timely fashion or tell him you will be looking elsewhere for a caterer. 
    I've actually wondered this myself about both vendors.  Most everyone that uses this reception venue uses these 2 vendors (in fact, both vendors are located inside the same building), so part of me thinks they act like this b/c they can.  I've halfway considered speaking to the property manager of the venue and asking if she can waive the extra fees for the caterer, considering his lack of professionalism.  I might still do this.
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    No matter their "reputation," I would never in a million years give a vendor my hard-earned money if they refused to have a written agreement! (Not saying they are refusing, just making the point that reputation doesn't trump the need to legally/financially protect yourself).
    I totally agree with this, but for some reason I was the only one who was worried about it.  Also wanted to add, we haven't paid the deposits on the caterer or florist.  Apparently this is "busy season" and they are reluctant to respond to emails/phone calls.  Seeing as how I am 6 hours away, I can't go visit them in person.  Ultimately, the whole thing has been a little bit of a nightmare getting in touch with these people consistently. 
    How reluctant?  I mean if they go one or two days (3 tops) without getting back to you that is one thing.  But if they go a week plus then I think it is time to find other vendors.

    And you need to start trusting your gut.  If you are worried about it then you need to do something about it.
    The caterer took about 2 months to get us a quote after our initial meeting, and this was after I sent several emails and  FI blew up his phone for 3 days.  This guy has a reputation for being hard to get in touch with, but supposedly he "follows through when it counts".  We had a family member use him back in March and all was fine, but they told us specifically that we'd have to deal with his slow response.

    The caterer and the florist are the preferred vendors for our reception venue.  We'd have to pay extra to get other vendors, so we are understandably reluctant to do so.  Also, as I'm not the one paying, I feel like I don't have much of a say in paying extra money.

    I do think I'm going to do as others have suggested though, and get something written down once we get our deposits in.  Hopefully this will ease my mind a little.  I'm also going to find a different photographer if our current one can't provide backup. 

    I definitely agree with the pp's who have said to always have a contract.  If you are lurking and in the beginning stages of planning, make sure this is a priority.  It probably would have saved me a lot of past and future headaches.
    You should have something written down and agreed upon prior to giving them any money.
    That's a good point, we'll be sure to do that.  You would think with as many lawyers as we have in our family, this wouldn't be a problem...
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    Please for the love of holy matrimony, get contracts. There's even apps for that. Try Shake. For my business freelancing, I use Adobe echosign and have used hellosign and other legal esign programs. They are legally binding and you can use them for free or cheap.
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    Thanks for the resources, foxish.  I'll definitely look into those!
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    The caterer took about 2 months to get us a quote after our initial meeting, and this was after I sent several emails and  FI blew up his phone for 3 days.  This guy has a reputation for being hard to get in touch with, but supposedly he "follows through when it counts".  We had a family member use him back in March and all was fine, but they told us specifically that we'd have to deal with his slow response.

    The caterer and the florist are the preferred vendors for our reception venue.  We'd have to pay extra to get other vendors, so we are understandably reluctant to do so.  Also, as I'm not the one paying, I feel like I don't have much of a say in paying extra money.

    I do think I'm going to do as others have suggested though, and get something written down once we get our deposits in.  Hopefully this will ease my mind a little.  I'm also going to find a different photographer if our current one can't provide backup. 

    I definitely agree with the pp's who have said to always have a contract.  If you are lurking and in the beginning stages of planning, make sure this is a priority.  It probably would have saved me a lot of past and future headaches.
    You should have something written down and agreed upon prior to giving them any money.
    This. No way I'd be giving a caterer a deposit without anything in writing. What if he wants to increase the cost of food per person? Or they decide they are too busy for your wedding? With nothing signed it seems like he wouldn't have to keep any informal agreements.

    The one vendor we didn't have a contract with (our officiant) decided he wanted to change the start time of our wedding, or else "if there is traffic" he might be late. We decided that was unacceptable and booked a different officiant, this time with a contract. Unfortunately we have not gotten our deposit back from the first officiant.
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    Any good professional should be willing to sign a written contract with you that sets out exactly what services they're providing and the terms of those services, which should include provisions for emergencies, whether they're pregnancy-related or not. So I'd definitely get this locked down on paper with a signature.
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    edited August 2014
    FYI, your emails constitute your contract. Just because they aren't written in the form of an official legal document, the fact there was an offer and an acceptance and a consideration constitutes a contract. Contracts have been enforced when written on the back of a pub receipt. Contracts have also been enforced when the only form of communication between the two parties were emails. 

    ETA I don't mean to speak as if I am the all-knowing authority on this, but I literally just read a case in which a contract between two parties that developed entirely over email was enforced. The photographer offered her services, you accepted the offer, and provided the consideration of the fee she charged you. If she does not provide the service after all of that, you have a right to collect damages. HOWEVER, if these emails clearly state that she'll simply give you your deposit back with no other remedy in the event of a no-show, and you agreed to that or didn't attempt to negotiate anything else, then you probably wouldn't be able to recover anything more than that since it appears you've agreed to that particular term of the contract. I would follow PPs advice and come to an alternative plan that you're both happy with, type something up, and get her to put her signature on it for your peace of mind.
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    ashleyepashleyep member
    First Comment 5 Love Its Name Dropper First Anniversary
    edited August 2014
    PDKH said:
    She vaguely alluded to back-up plans when she told me she was pregnant...basically she has none.  She essentially said that if something happens, we'd get our deposit back.  That's it. 

    I can ask her specifically about this, but the overall tone from her was that, if anything happened, we'd get our money back but we'd be on our own in terms of finding a replacement.
    I'd express that you aren't really comfortable with this arrangement and ask if she has connections with other photographers that could be an alternate if necessary. 

    ETA: Our photographer was male and therefore not in risk of pregnancy complications, but we still had a clause in our contract about alternates in the case of illness, car accident, etc. 
    I think that's pretty common. I wouldn't book a photographer who doesn't say they would provide a backup if something happened. My photographer said she's part of a boston-area facebook group of photographers and could get someone on there to do it if she needed to. Definitely make sure there's a backup plan.
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    FYI, your emails constitute your contract. Just because they aren't written in the form of an official legal document, the fact there was an offer and an acceptance and a consideration constitutes a contract. Contracts have been enforced when written on the back of a pub receipt. Contracts have also been enforced when the only form of communication between the two parties were emails. 

    ETA I don't mean to speak as if I am the all-knowing authority on this, but I literally just read a case in which a contract between two parties that developed entirely over email was enforced. The photographer offered her services, you accepted the offer, and provided the consideration of the fee she charged you. If she does not provide the service after all of that, you have a right to collect damages. HOWEVER, if these emails clearly state that she'll simply give you your deposit back with no other remedy in the event of a no-show, and you agreed to that or didn't attempt to negotiate anything else, then you probably wouldn't be able to recover anything more than that since it appears you've agreed to that particular term of the contract. I would follow PPs advice and come to an alternative plan that you're both happy with, type something up, and get her to put her signature on it for your peace of mind.
    I was thinking emails had some sort of legal bearing, but you're right, I need to get something written down and signed.  I'm also in the process of asking her about the back-up plan, so hopefully that gets me somewhere.
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    ashleyep said:
    PDKH said:
    She vaguely alluded to back-up plans when she told me she was pregnant...basically she has none.  She essentially said that if something happens, we'd get our deposit back.  That's it. 

    I can ask her specifically about this, but the overall tone from her was that, if anything happened, we'd get our money back but we'd be on our own in terms of finding a replacement.
    I'd express that you aren't really comfortable with this arrangement and ask if she has connections with other photographers that could be an alternate if necessary. 

    ETA: Our photographer was male and therefore not in risk of pregnancy complications, but we still had a clause in our contract about alternates in the case of illness, car accident, etc. 
    I think that's pretty common. I wouldn't book a photographer who doesn't say that would provide a backup if something happened. My photographer said she's part of a boston-area facebook group of photographers and could get someone on there to do it if she needed to. Definitely make sure there's a backup plan.
    It's unfortunate that I didn't think of asking for this when we booked.  Hopefully some lurkers will read this thread and know to consider that when speaking with photographers.
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    She vaguely alluded to back-up plans when she told me she was pregnant...basically she has none.  She essentially said that if something happens, we'd get our deposit back.  That's it. 

    I can ask her specifically about this, but the overall tone from her was that, if anything happened, we'd get our money back but we'd be on our own in terms of finding a replacement.

    SITB:

    Pregnant or not, if she doesn't have a back-up plan, I would bail...Most reputable photographers have a back up plan. NOT having wedding pics the day of your wedding is worth WAY more than whatever deposit you put down.


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    indianaalumindianaalum member
    5 Love Its First Comment First Anniversary Name Dropper
    edited August 2014
    daria24 said:
    Pregnancy aside, it's redonk that she doesn't have a backup plan written into her contract. All my vendors had language about a backup in case of a personal emergency, illness, etc. They all explicitly stated who would be contacted to fill in.  
    Now I'm worried that there's no contract lol.  We're getting married in a small town in MS, and NONE of our vendors have contracts except the DJ.  I feel like this could get us into trouble...
    OMG, you have NO contracts? you need to get them ASAP. EMails are NOT sufficient .

    Not only can vendors BAIL if there is no contract, then can suddenly INCREASE their prices and you will have no repurcussions because you did not have any contract stating their fees, time of services, etc.....

    Future brides: SIGN A CONTRACT FOR EVERYTHING..and ALWAYS ALWAYS ask about "Back up plans" for things like a DJ, caterer, photographer, florist, etc

    On a side note: I purposely picked companies, or groups for all my vendors BECAUSE my friend did have a her photographer miss part of her wedding because his WIFE went into labor.....If you pick a solo person as a vendor THIS CAN HAPPEN.....Make sure whomever you use has a solid BACK UP PLAN written in the contract


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    daria24 said:
    Pregnancy aside, it's redonk that she doesn't have a backup plan written into her contract. All my vendors had language about a backup in case of a personal emergency, illness, etc. They all explicitly stated who would be contacted to fill in.  
    Now I'm worried that there's no contract lol.  We're getting married in a small town in MS, and NONE of our vendors have contracts except the DJ.  I feel like this could get us into trouble...
    OMG, you have NO contracts? you need to get them ASAP. EMails are NOT sufficient .

    Not only can vendors BAIL if there is no contract, then can suddenly INCREASE their prices and you will have no repurcussions because you did not have any contract stating their fees, time of services, etc.....

    Future brides: SIGN A CONTRACT FOR EVERYTHING..and ALWAYS ALWAYS ask about "Back up plans" for things like a DJ, caterer, photographer, florist, etc

    On a side note: I purposely picked companies, or groups for all my vendors BECAUSE my friend did have a her photographer miss part of her wedding because his WIFE went into labor.....If you pick a solo person as a vendor THIS CAN HAPPEN.....Make sure whomever you use has a solid BACK UP PLAN written in the contract


    I don't mean to nit-pick, but I want to correct this. More often than not, the law recognizes email communications as a legally binding contract as long as all of the necessary elements are there. OP does have some repercussions if her photographer screws her over as long as there is SOME proof/history of their agreement. However, let me reiterate:

    1. If your emails contained any statement from her as to what will happen should she not be able to do your wedding, and you agreed/failed to negotiate something else, you will probably be bound by that

    2. It is ALWAYS best to have a contract in physical form with physical signatures. But, you are not entirely without recourse if you have only email communications. Note to anyone: don't let yourselves get screwed out of money/services just because you didn't have it written down in paper form with a signature. Also, to that end: what you say CAN be used against you, even if it was just through email.
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    daria24 said:
    Pregnancy aside, it's redonk that she doesn't have a backup plan written into her contract. All my vendors had language about a backup in case of a personal emergency, illness, etc. They all explicitly stated who would be contacted to fill in.  
    Now I'm worried that there's no contract lol.  We're getting married in a small town in MS, and NONE of our vendors have contracts except the DJ.  I feel like this could get us into trouble...
    Holy crap. Go back to EVERY vendor now and demand that you get something in writing. Have you paid deposits to these people?

    You have NO guarantee that anyone will do anything for your wedding (except your DJ) and no legal recourse if things do not go as expected or planned. 

    You are leaving yourself entirely vulnerable to being swindled. Do not give ANYONE money without a suitable contract signed by both parties. 
    THIS. I've mentioned it on the unplugged wedding threads, but my photog went out of business after our wedding. We paid 2/3 of the photography cost by the time of the wedding and our photos are 7 weeks overdue. We haven't been able to get in contact with him. We are currently taking legal actions to either get the deposit back or get the photos. If we didn't have a contract we would be out a lot of money for no services and wouldn't be able to take legal action.

    Anniversary
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    HOly. Crap.

    No contracts? Only the DJ? We have friends doing work for us- and they ALL have contracts!

    2 months for an estimate after a tasting? Literally as we sat down with our caterer (we had tasted about a month before hand and followed up with her to make final decisions) -she gave us a ballpark. She followed up a day later with a contract. I would never use someone who responded after 2 months of poking and prodding and didn't give you a contract. That is insane. 
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