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Post Info TOPIC: Contract Help Needed - Calling all lawyers and marrieds!
Elle


Hermes

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Contract Help Needed - Calling all lawyers and marrieds!
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So I got our contract in the mail from our ceremony/reception location.  It's at a golf club so they do all the catering too.  Yeah, these are the people that I cannot for the life of me get to return a call or email in a timely fashion.  I'm frankly a little leary of the contract - it seems from what they have included, and conveniently NOT included, that it is to prevent them losing money or being held responsible.  Numbers that would affect them negatively are noted but those that could possibly affect us negatively are nowhere in sight.  I'm not sure where it would be reasonable to challenge them?


Would anyone be willing to help?  I'll include the specific things I have a problem with below as they appear on the contract, if anyone has anything to contribute I would be so grateful!


1.  Minimum Expenditure


$X,XXX.XX+ (Room Rental $XXX.XX, Ceremony Site fee $X,XXX.XX, Regal package $XX.XX per guest)


The minimum is based on our meal selection and the 125 guests we approximated, leaving precious little room for changes in our favor.  I'm afraid that if we have more people decline than we anticipate, we are going to end up paying for people who don't attend.  Can I ask them to adjust the expected attendance to 100 to give us a little more leeway?


2.  Final Payment - 7 days prior to event


Final payment for the final guarantee and total estimated charges - including but not limited to:  the minimum expenditure and service charge.


They charge a 20% gratuity on all food and beverage purchases, and this sounds like their 'tip' is due 7 days before the event!  I have not received service that deserves a 20% tip, and I feel like that should be something they earn with their good service - can I request that this be left up to our discretion and paid at the actual event?


3.  Patron Responsibility


[...] The patron agrees to to reimburse the Club for any overtime wage payments, other expenses or damages incurred by the club becaus of the Patron's failure to comply with Club regulations.


Notice they do not specifiy the amount per hour for overtime expenses.  I feel uncomfortable signing something like this, because techincally they could charge us $1,000 an hour for overtime and we'd end up actually having to pay it if we ended up in court because we signed without amounts specified.


4.  Hold harmless and indemnification


The Patron agrees to hold harmless the club, it's partners, employees, agents, officers, directors, affiliates and independant contractors from any and all claims, actions, suits or allegations for damages to person or property which relates, emanate or in any way pertain to the event.  Further, patron agrees to indemnify the Club for any and all costs or losses which many be incurred by the club as a result of such claims, actions, suits or allegations, including but not limited to reasonable attorney fees and expenses of litigation.


Um, huh?  I don't understand exactly what is being stated here, but the gist I get is that we agree to be shit out of luck if they screw up.


5.  Arbitration


Should a dispute arise as to the enforceability or breach of any term of this agreement, the parties agree to submit their disputes to binding arbitration under the rules or the american arbitration assoc.  Pursuant to such arbitrator's determination, the prevailing party in said arbitration shall be entitled to the reimbursement of its costs and expenses, including but not limited to, reasonable attorney fees.


Sooo, we can't sue them for anything?  Our only option of recourse would be arbitration?


Does anyone see anything fundamentally missing from this?  I haven't included the whole thing here, and it states on the cover page that a separate document detailing specifics of menu, room set up, etc will be completed 14 days before the event.


Help!  I don't want to sign my life away !



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To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment ~ {Ralph Waldo Emerson}
bumblebee


Coach

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i have some thoughts, but i'm busy at work right now--i'll come back.  but for the time being, i wouldn't worry about the arbitration clause.  it's really standard, and arbitration is basically the same thing as a trial, it is just less formal and much cheaper.  the only thing is that it is binding arbitration, which means there's no appeal process, but i don't think i would worry too much about it. 

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ILoveChoo


Hermes

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 I just got done doing all this, so hopefully I'll be able to help-


1- ask what would happen if you changes you expected number. Mine said if I had to add more people later that was fine (as long as it wasn't like, doubling) and they would just amend it to add on the extra people at the same pp cost.  I need to give them a final count a week and a half before the wedding.


2- from what I understand, you really can't do too much about this. every caterer I looked at has the same 20% minimum (why do they think they're better than regaular waitstaff??)


3- ask them to add a breakdown of such costs. usually it is a set amount per hour of overtime (rounded up). don't sign without knowing.


4- it's a liability thing. If someone falls and breaks their leg on the dance floor, they don't want to be responsible.


5- I honestly have no idea what that means.


I don't think you're missing anything- just make sure that everything you are getting for your $ is spelled out- are they providing linens? a dance floor? what exactly is on the menu? is their a corking fee for outside wine/champaigne if you are bringing it? is there a cake cutting fee?



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Elle


Hermes

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Bump!

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To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment ~ {Ralph Waldo Emerson}
alb


Marc Jacobs

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I could also help you out but I am at work and haven't had the chance to read or respond fully to your entire post (sorry).  however, I can comment on the indemnification clause and arbitration clause if that helps a little:


The indemnification clause, like Choo pointed out, is just standard legal jargon.  I just glanced at this one, and it seems a little one-sided to me.  For example, a typical indemn. clause will state (and i'm simplifying) that you will pay for any damages caused by you or your guests, etc.  you shouldn't agree to indemnify and hold harmless them for damages caused by their employees own actions or acts of God, etc.  You might want to try to add that into the K, if you can.


Re the arb. clause--this is very standard, but it is almost always unfavorable to the person agreeing to it b/c it basically waives your rights to a jury trial in the event you have a claim against them.  I always advise my clients not to sign these or in the alternative to only agree to language stating that the parties "may submit to arbitration" or that the word "binding" be deleted (b/c it's better if it's non-binding, as BB pointed out).


Since this is probably their standard contract, they may not allow you to make changes, but I would ask.  If you can, I'd make the above recommended changes to the indemn. clause and just strike the arb. clause.  If not, I wouldn't really worry about it.  I didn't have time to look at the other clauses but I will try to do so later if nobody else does and/or you still have questions.  HTH some! 


 



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