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Thursday, March 20, 2008

Wedding Contracts

From the mail bag:

Dear Amy Taylor,
I have found a photographer we absolutely love and want to hire. However he says he does not use a contract and all we have to do is put down a fifty percent deposit. I have signed a contract with everyone else and find this strange. My Fiance says just put the money down and forget about it, but I am a little less sure about that especially since it is $1500. What should I do? Do I need a contract or not?
Thank you,
Mary to Sean


Mary, I have one rule, signed contract or I am going elsewhere! This is a pet peeve of mine! I can't believe in this day of age anyone would not be using a contract. The simplest contract is what, where, when, who and how much. This way there is no misunderstanding about the basic details of the agreement, what would you do if he came back and said, the $1500 was only the first 1/3 or 1/4 of the total package. Without a contract it would be a he said/she said, with a contract it is very easy to settle.

In most cases, it contracts are more complicated, defining what is expected of you, the client and what is expected of the photographer. This is the type of contract I prefer, what is included in your package. I heard of a decorator last year that took it upon themselves to add flowers, vases, lights etc to the already agreed upon arrangements to the tune of an additional $4000 without the client's permission. The decorator presented the bride and groom with the additional bill at the end of the reception. The client was fortunate enough to have an itemized list as an addendum to the contract and told the decorator they would not be paying for what was the decorator's decision.

We all hope for it never to happen but what if you have to cancel or god forbid the photographer? What is their policy, does it have to be in writing. Do you get any of the retainer back? (If you cancel, don't expect to see the retainer refunded but if they cancel, you should get all your money back) Is it transfered to other services? Some contracts are short, some are long, but make sure you get a contract! If the photographer is unwilling to give you a contract, draw up your own and insist they sign it. If they refuse, find another vendor.

And make sure you read the fine print! One of the local reception halls has an out clause in their contracts where they can cancel any time they want. I personally know one who two months before her wedding was sent scrambling for a new hall because a party willing to spend more money had come along and rented the hall on the same date. Consumers need to be informed about what they can expect and personally I would not sign such a contract. In my friend's case she did not read the fine print and ended up under a tent on one of the hottest days in August. The day she had dreamed of for 2 years has been left with a decidedly sour note.

One wedding I was in the reception hall had a limo drink clause. It said if the limo pulled up and the hall staff saw alcohol inside the bride and groom would be charged $100 a bottle in lost drink fees. The limo had provided each set of bridesmaids and groomsmen one bottle of champagne and there were 20 of us, so 10 bottles. At the end of the night my friends were billed an additonal $1000 above what was consumed at the hall. They hadn't read the fine print of the contract.

No matter what vendor you are hiring, get a contract and read it! And good luck Mary.

One note, I am not a lawyer and this post was not legal advice. For legal advice consult a lawyer. :-)

-Amy

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