Contracts 101

View CommentsFriday • March 5, 2010 • by DIY Bride

If this is your first wedding, or one that requires hiring vendors and venues, you’re going to be faced with a lot of contracts. While it’s easy to just sign on the dotted line, there are some things you should be aware of before you put your scribbles next to the big X.

1. A contract is a legally binding document between the parties who sign the agreement. Many couples assume are under the impression that wedding-related contracts are casual, fluid agreements. Nope. They’re serious business agreements and will hold (usually) up in a court of law unless there is some serious flaw in the wording of the contract.

• Once you sign you are bound by law to fulfill your end of the agreement no matter what circumstances happen between now and the wedding, even if the wedding is canceled.
• Only the person(s) who sign the document have any authority – or responsibility – to fulfill, change, or cancel the agreement. If mom and dad sign the catering contract you and your beloved are at their mercy if they decide to, for example, change the entree selection from prime rib to pasta and meatballs to save some cash.

2. Beware of vendors who do not offer a contract for their services. Working without a contract is asking for trouble on both sides – vendor and client – as word-of-mouth agreements are notoriously difficult to enforce. Always, always get any agreement for services to be provided in writing even when it’s for something seemingly small or easy.

3. Don’t sign anything without reading and understanding the entire agreement.  Confused by force majeure? Don’t make a move until you understand that it’s a clause that releases the vendor from liability when circumstances outside of their control (act of God, act of Nature, the hotel where you’re holding your reception is having a strike of their workers…).  Yes, legalese is boring and often frustrating but it’s in your very best interest to read the fine print. It’s perfectly ok to take a contract home, do some research, and return it to the vendor. If a vendor pressures you to sign RIGHT NOW, that’s a warning flag. Conversely, don’t keep vendors waiting indefinitely. Many will require the contract be signed and returned with X amount of days (usually 3 – 10 business days) before it’s void.

4. The terms of a contracts are often negotiable but only before you sign it. If you have concerns or changes you’d like made to the contract it doesn’t hurt to ask for reasonable changes. Things that usually aren’t negotiable: cancellation policy, refund policy, payment schedule, travel expenses/arrangements.

5. The anatomy of a contract. While every vendor will have her own contract to best serve her and her clients (and meet local/federal laws), every contract should have the following basic information:

• Client Info: Your full names, address and contact information, type of event, location, date and time of the event, and alternate contact info (email, fax, cell, backup person to call, etc.)
• Vendor Info: Business name, address and contact information of the representative you are working with.
• Scope of Services: This is where the exact description of the services to be provided are listed. This section should be extremely detailed with the who/what/where/when/why/how of this business transaction. Never, ever assume anything left off of the SoS will be taken care of. If it’s not here, it’s not covered.
• Fees & Miscellaneous: This section will include information about what extra fees may be incurred by the couple. This could be rental items, overtime charges, tips & gratuities, substitutions.
• Payment Info: Your deposit and payment schedule will be listed here. Be sure it includes the amount of the deposit, the date when the remaining balance is due and/or a payment schedule, and the form(s) of payments the vendor will accept.
• Cancellation & Refunds: In the event you must cancel or reschedule your event, you’ll need to know what the vendor’s policies are. The vendor should clearly state under what circumstances and how far in advance of the event that deposits and payments are refunded, if any.
• The Fine Print: This is where the vendor talks about force majeure, liability, client responsibilities, and other other details not covered above.

I hope that gives you the basics. Coming up we’ll discuss major points to watch out for with specific vendors.

Happy Planning!

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