Can you imagine how you would feel if you put months of planning into your wedding only to have a vendor cancel a few weeks before the big day?
What if you don’t receive everything you were promised!? What if substitutions were made without your permission?
What if the final bill is double what you anticipated? Do you know your rights? What
will protect you? Detailed written contracts are the simple answer. There are 6 essential elements to a contract - do you know what they are?
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To be valid, a contract is made up of several factors. Here are some basic elements to be aware of:
1. OFFER - The offer is a conditional promise. Examples: The wedding day director offers to give on-site professional coordination on the day of the wedding.
The consultant offers to answer specific etiquette questions regarding children at weddings. The coordinator offers to help a busy bride find suitable suppliers and assist her in making a reasonable budget.
2. ACCEPTANCE - The bride accepts the offer presented. It can be accepted as presented or as modified.
3. CONSIDERATION - This is usually a return promise from the bride in response to this offer. In the wedding industry, consideration probably will be monetary compensation.
Most of the time, the courts will not inquire into the fairness of the consideration in a specific contract unless it appears to be unreasonable. If the courts deem the consideration to be unreasonable, the contract might be unenforceable.
4. LEGAL CAPACITY OF THE PARTIES TO CONTRACT - Who should sign the contract? People who are classified as minors, mentally ill or defective, under a guardianship, or intoxicated cannot sign a contract and make it binding or enforceable. The rationale is that these people may not have the mental capacity to understand what the contract is all about.
5. SUBJECT MUST BE LEGAL - This is fairly self-explanatory. The contract is unenforceable if what is bargained for is tortious (any wrongful act, damage, or injury done willfully, or negligently), criminal, or contrary to public policy. Example: An offer to serve marijuana at the reception is illegal and, therefore, unenforceable.
6. IN WRITING - There are two instances that a contract must be in writing. The first is when it deals in real estate. The other is when the contract cannot be completed within one year of the contracted date.
Oral contracts are very valid but more difficult to enforce. For your own protection, you should have all of your contracts written. But, since there is a long lead time for planning a wedding, you may be required by law to have a written agreement in order to enforce it.
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