Know Before You Sign
Understanding Wedding Vendor Contracts
So you have picked out the flowers, the photographer, and the caterer, and you are ready to sign on the dotted line. But wait! Your wedding day may be the biggest day of your life don't make it the most drama-filled. When you or your children are planning, make sure you understand what you are signing.
Most of the vendors you hire for your or your child's wedding will ask you to sign a contract. Even though the vendor may be the one supplying the contract, any contract should protect both you and the vendor. In the same vein, a wedding vendor, will want to ensure that a fair contract exists. You shouldn't feel pressured to sign anything that is too one-sided. Just because a contract may be a "standard" form does not mean that its language is all that "standard." Don't sign any contracts that give away all of your rights and fail to create any responsibilities for the vendor. If a vendor is unwilling to negotiate any of the contract terms, you may want to think twice about hiring that vendor.
If there is sufficient evidence of trustworthiness, many states now permit e-mail from a specific account to be regarded as signed.
A contract is a legal document outlining enforceable, voluntary promises between competent parties to do (or not do) something. In the case of a wedding vendor, the vendor is promising to do something for your wedding, playing music or delivering flowers for example, and you are promising to pay for these services. At their core, legal contracts are important binding documents that outline agreements; once signed you are likely stuck with whatever the contract says.
When presented with a contract from a vendor, such as a florist, you will want to make sure it contains all the necessary information. It should include your full name and that of the vendor; the date, time, and location of the wedding; an itemized list of precisely what you are contracting for (for example, the flowers you expect to see in the bouquets, boutonnieres, and other arrangements); arrival and set up times; the name of the vendor contact whom you can reach on your wedding day; any payment schedules; the vendor's cancellation and refund policy; and your signature and that of the vendor.
A signature can be handwritten, but a stamped, photocopied, or engraved signature is often valid, as are signatures written by electronic pens. Even a simple mark or other indication of a name may be enough. Furthermore, if there is sufficient evidence of trustworthiness, many states now permit e-mail from a specific account to be regarded as signed. Some states have set out specific requirements for e-mail signatures. What matters is whether the signature is authorized and intended to authenticate a writing – in other words, whether it is intended to indicate the signer's execution.
Once the contract has been signed by both you and the vendor, make sure you keep a copy for your files. You may want to consider having copies of all of your contracts on site during the wedding, perhaps entrusted to your wedding coordinator or a dependable friend who can handle anything that comes up during the day.
When entering into contracts with your wedding vendors, make sure that you understand all the clauses and passages. When in doubt, ask questions. And if you don't get answers that satisfy you, you may want to consider finding another company to work with.
Similarly, if you are in the wedding business, perhaps turning that photography hobby into a part-time job, you too will want to ensure that there is a valid contract clearly establishing your responsibilities and protecting your rights. Although you may be worried about presenting a contract to a prospective client, this should be a central part of any negotiation. However, before you get to that step, you should consult with your attorney for help in drafting a fair, legally valid contract. Although it may seem like an unnecessary expense at the time, this meeting may save you big bucks (and headache) down the line.
Get It In Writing!
Technically, most types of contracts don't have to be written to be enforceable. However, if a wedding vendor promises you something, you are best served if you can get it in writing as part of the contract. If you have signed a written contract with a vendor, and the vendor orally promises to do something else, you may have a problem proving this additional promise in court if need be. courts typically look only to unrefuted testimony to help them fill in the blanks regarding disputed contract terms and are hesitant to add words or terms to any written documents.
In order to save yourself trouble down the road, get every promise and detail in writing before you sign on the dotted line.