Contract help!!!!!! Need help fast!!!?

Question

I have a bride who wants to cancel her full service coordination package.  She's pregnant and now wants a rushed super small wedding.  She still wants me to make her a bouquet and find a small chapel for her to get married in.  But she no longer needs centerpieces and day-of coordination.  My problem is that her contract states:

In the event of cancellation, client agrees to pay a percentage of the fees as stated below

Deposit non-refundable

Payments made toward balance non-refundable

50% of total balance if services are cancelled within 90 days of signing this contract.

50% of remaining balance if services are cancelled within 90 days of the wedding.

My problem is its within the 90 days of signing the contract AND 90 days prior to wedding date.  Her total fee was 1600, she is paying in monthly payments and has paid 760 far.  She either owes $40 or $420!  Major difference!  Help Quick!!!

litig8r · Accepted Answer

Yep, looks like you will be getting $40. I'd follow the above advice and see if you can't come up with a deal somewhere in the middle. 

A quick background on what is happening here: Assuming that you are in the US, and this contract is signed, you two have entered into a unilateral contract that satisfies the Statute of Frauds. She can, under common law, cancel the contract until you have substantially performed your part. However, you covered yourself with the language in the contract, so that was a good job. Unfortunately, due to the very same language, you most likely will not get the full amount.

Barry C · Answer

Either way, you are looking at signing a new contract with her, temrs of which are of course negotiable.

How she handles settling the first contact before you agree to even discuss the second one is going to affect how nice you are about the 2nd one, right?

My guess is a court would favor the lower payment if it got to that - but if she plays that kind of hardball she is not going to get you (or likely anyone else) to do something on the cheap.

Regardless, once you settle the first one, insist on cash on the barrelhead for the second one - too many things can go wrong - the wedding can simply not happen, it is already a shotgun wedding under extreme duress, or she can have a miscarriage and change plans again.

If she doesn't like those terms, tell her to get her bouquet from flowers.com delivered to the city hall for her wedding there.

Then have a lawyer review your standard contract to avoid future issues.

thylawyer · Answer

It's a little late to ask for help. Did you have this contract drawn up with the advice of a lawyer? If not, you are finding out what a fool you had for a client.

Talk to the bride and offer a deal somewhere in the middle, maybe giving something extra in service to sweeten the pot.

Otherwise, you'll be in small claims court and risking your reputation.

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Contract help!!!!!! Need help fast!!!?

3 Answers