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  • Welcome to Wedding Industry Law Online!

    Wedding Industry Law is your online resource for legal news and education on running a wedding business. We hope you find the articles, videos, and information helpful. If you have any comments, news tips, or areas that you would like to see covered, please let us know!

    Wedding Industry Law is edited by Wedding Lawyer and Trial Attorney Rob Schenk. Contributing blogger Ayisha Lawrence also kicks out some of the jams, too.

    UNFORTUNATELY, WE ARE UNABLE TO RESPOND TO REQUESTS FOR LEGAL ADVICE (sad face).

Is Caterer Entitled to More than Deposit if Event Cancelled?

Question Originally Appearing on AVVO

“How do you compute 25% of this cake?”

Question (from anonymous in Florida):

“I signed a contract that said a 25% deposit would be non refundable for a catering event.: I paid over the 25% non refundable deposit and then cancelled my event. The vendor states now that any additional monies paid is also forfeited. Should it have to be stated separately from the deposit in the contract? Is this right?”

Response (from Attorney Rob Schenk):

Should the contract explicitly provide that 25% of the contract price is kept in the event of cancellation, then that would be all that the caterer is entitled to. These types of clauses, in which a specified amount is kept, are referred to as liquidated damages clauses (LDC). Generally, the non-breaching party (the caterer) is ONLY entitled to the LDC amount, even if that party has other damages from the cancellation (for example, the caterer has already bought the food) which are higher than the LDC amount.

But, it will all depend on the exact wording of the contract.

Good luck!

Moral of the Story: Wedding Vendors, particularly caterers, must have explicit terms on what money is kept in the event of cancellation. Otherwise, you may be shooting yourself in the foot.

Wedding MBA 2013 Recap

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Wedding MBA = TED Talk

In case you missed it, the 2013 Wedding Business Merchant Academy was held at the Las Vegas Convention Center on October 1st through October 3rd. The Wedding MBA is a fantastic wedding business expo, featuring dozens of exhibitors and loads of informative seminars, with attendance in the thousands. I had a blast and got to meet hundreds of wedding business professionals.

 

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Booth.

Also, I got a chance to put a few people to sleep with my Seminar, “You’ve Been Served: Contract Basics for Wedding Professionals.” For those that expressed interest in receiving the slides to this presentation, said slides are in the proverbial mail. We’re currently playing catch up at Wedding Industry Law and should have those out to everyone by the end of next week.

 

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Rob Schenk and Shannon Underwood, rocking the mic.

Although I could spend hours describing all the cool people that I met, I just wanted to give a quick shout to Shannon Underwood with the Wedding MBA: While the Flux Capacitor makes time travel possible, Shannon has made my presence at the Wedding MBA possible. She’s a super cool lady and we at Wedding Industry Law are truly appreciative of the opportunities that she has provided us! Rock on!

 

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Swag. Trophies. Coffee.

Didn’t get a chance to see us rock the mic? Contact us for a copy of the slides to the Seminar. Rather hear it in person, contact us to see about having a bald attorney speak about the law at your next wedding business function.