Is Your Wedding a Business Transaction? With Your Vendors, it May Be

When people get married, they often think of contracts that relate to the “what if we get divorced” question—that is, questions about prenuptials, and preserving property after a divorce.

What they aren’t prepared for, and don’t give much thought to, are all the legal issues surrounding the wedding itself.

Think about it-a wedding can be an extraordinarily expensive occasion. And in that wedding, there are multiple contracts—with food vendors, venues, florists, cake makers, or entertainment providers. Each of those vendors or providers has a business contract. And most people sign these contracts without thinking what if something goes wrong-that is, if they even bother to read those contracts.

There is no “one size fits all” to look out for, given that each contract with each vendor will have different concerns and considerations. But here are some things that a couple, planning a wedding, may want to look out for.

Substitutions and problems – What if something goes wrong with a vendor? For example, the DJ you wanted is sick. The venue you wanted, suddenly can’t put you in the room you thought you would be in? The florist can’t get the flowers you wanted?

These contracts may allow you to cancel the contracts completely. But they may not—they may allow the vendor to provide you a “reasonable substitute,” even if it’s a substitute you don’t like or want. These substitutions may not even require your advanced approval.

Do the contracts have a time period in which you have to be notified that there is a problem with a vendor or a service? Or could the vendor let you know, say, a day or so in advance, leaving you in the lurch, and without legal recourse?

Aesthetics and subjective approvals – Many contracts we sign related to weddings have to do with aesthetics. Is the cake attractive enough? Are the flowers the ones we wanted? Was the room decorated properly? These are important things but also subjective, aesthetic things.

Do you have any legal recourse if you subjectively don’t like something being provided? How do you determine if there’s a breach of contract for something that you “just didn’t like?”

Attorney’s fees – combining all your contracts, your wedding is very expensive. But one individual contract may not be very expensive, and yet it may be important emotionally to your special event. In that case, will you be able to find or afford an attorney willing to represent you in a case where the contract value, and the damages, may be nominal?

An attorneys fee provision makes that easier—easier for an attorney to represent you, and for you to sue, if someone breaches your contract.

Force Majeure – Can a vendor or provider cancel their services at your wedding for just anything? Force majeure clauses allow them to cancel on you, for something unforeseen, that prevents performance. But that can be a very subjective definition. You should define when a service for your wedding can legally be canceled, and when it cannot.

Call the West Palm Beach business litigation attorneys at Pike & Lustig today to review your contracts–whether for a wedding, event, or any other legal transaction.

Sources:

investopedia.com/terms/f/forcemajeure.asp#:~:text=Key%20Takeaways-,Force%20majeure%20is%20a%20clause%20that%20is%20included%20in%20contracts,and%20catastrophes%20created%20by%20humans.

floridabar.org/the-florida-bar-journal/pleading-requirements-for-a-claim-for-attorneys-fees/