WEDDING VENDOR CONTRACTS

WEDDING VENDOR CONTRACTS

A vendor presents a contract to a couple, and the couple views the contract as non-negotiable. If they want the vendor, they have to sign it. So they do. Then months later, they start complaining that a vendor used their photos for advertising without checking with them (it was in the contract), or that they didn’t get a floral proposal back as quickly as they wanted it (it was in the contract). Because my general rule is that you are not allowed to complain about people following contracts that you willingly signed, let’s talk about how to end up with contracts that actually work for you.

•Contracts require an offer, acceptance, and consideration. Consideration means that both parties provide something (a service, money, etc.). Without consideration, you don’t have a contract; you have a legally unenforceable gift.

•Get it in writing. Although the law recognizes many verbal contracts, good luck trying to prove what was said. Hiring a good friend to cater? Your relationship shouldn’t preclude a written contract; you’ll want to make formal agreements with friends and family as well.
•Get modifications to the contract in writing. If you ask the caterer to add twenty-five meals, get an e-mail (or even a screen shot of a text) confirming that agreement, and put it with the contract.
•Get a copy. Get a copy of your contract and keep it safe. If you can’t prove you had a contract, having a contract does you no good.
•Be specific. Did you and the wedding designer agree to white flowers, or did you agree to white tulips? If you put down “white flowers” in the contract and he or she shows up with bunches of
baby’s breath . . . well, the contractual obligation was met.
•Check the cancellation policy. Make sure any contract has a clear cancellation policy, spelling out what a cancellation would mean for both parties. This clause should be designed to protect both you and the vendor, in the event of the unexpected. Make sure the policy is clear and seems fair. (And remember, cancellation doesn’t mean you don’t have to pay for services already performed.)
•Who’s paying? If your mom is paying for the venue, it’s probably best for her to sign on the line. If you sign for it, be aware that you are on the hook for payment if she suddenly backs out.
•Spell out when and how payments are going to be made. How much is being paid up front? Is it a deposit (normally refundable) or a retainer (normally non-refundable)? When do you owe the rest? Can you pay by credit card, or is it cash only?
•Don’t sign away your rights. Don’t sign a contract that says you can only sue the vendors in New York if you are both located in California. Don’t sign anything that says you won’t hold the vendors liable if they screw up. Contracts are to protect you, so don’t sign away the parts that let you do just that.
•Document. Save your receipts. If something goes wrong, take pictures, and contact the vendor in writing. If, God forbid, you have to go to court, you want to make sure you can prove exactly what went down.