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Ngoc
Just Said Yes December 2024

Canceling a wedding venue - Need help

Ngoc, yesterday at 12:28 PM Posted in Wedding Reception 0 4

Hello,

My fiance and I were debating about canceling a contract with a venue due to finances. We are more than a year out from our wedding. However, upon reviewing the contract some things confused us and we just wanted to understand what the contract was saying, namely two clauses in the cancellation policy.

  • 1. If cancellation is within 12 months of event, 25% of total contract amount is non-refundable. If cancellation is within 8 months of event, 50% of total contract amount is non- refundable. If cancellation is within 6 months of event, 100% of total contract amount is non-refundable. Cancellation – at any time – a $2,000 administrative/event consultant commission fee is non-refundable in addition to any percentage owed from above. Cancelation checks will be mailed 30 calendar days after event is canceled.

  • 2. Client agrees that [venue] shall have the absolute right to retain all monies paid, including the deposit, and Client further agrees to pay any portion of the contract price which may not have been paid

Based on number 1, we understand we lose $2k regardless of when we cancel. However, we are unsure what clause 2 means - clause 1 makes it seem if you cancel before 12 months, you only owe the $2k, within 12 months, you only lose 25% + admin fees, but clause 2 makes it seem they keep we already paid ($10k) + we pay 100% regardless of when we cancel.

What does this contract mean exactly?

4 Comments

Latest activity by Michael, yesterday at 7:07 PM
  • Cece
    Rockstar October 2023
    Cece ·
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    Oh yikes. Yeah, part 2 does state that the venue has the right to keep all the money you have paid them thus far. So if you have paid them $10k, they have the right to keep that money. I would hope, being over a year out, they would refund that money to you (since they have more than enough time to book that date); but it seems businesses are becoming more and more greedy these days.

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  • Michael
    Rockstar October 2023
    Michael Online ·
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    The wording between those two clauses creates a contradiction. They cannot keep all money that has been paid while also giving a refund of money. A refund can only be given from money that has been paid. If the wording you have provided is accurate, you are due at least 75% of $8000 (if they keep the commission fee -- or you get $7500 less the $2000). A contradiction in the contract could result in you either getting all your money back if this went to court or at least the 75%. If you still are canceling the contract, you could perhaps say this is a demand for $8000 back. You could have a lawyer write a letter without yet saying this could go to court. (For court, you would probably do a small claims where you would show evidence that you sent a cancelation demand for the money paid which, with the 25% excluded, would be $7500. They will likely confirm your request with an email or text -- and better if sent also to a friend's phone or email.) Small claims i think is done without a lawyer representing you.

    Also, I would probably not cash a partial check if they specify they are paying back money IN FULL. It often could be reasonable to take a decent percent refund if they will send you one.

    This is just my research that might help you start your own research. It is what I would think as possible action if I encountered this situation. It is not legal advice.

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  • Cece
    Rockstar October 2023
    Cece ·
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    You make a very good point – how can a refund check be given if the venue has the right to retain all monies? It doesn’t make any sense. OP, I would reach out to the venue and clarify. I would do it in writing so you have a paper trail (unfortunately, you cannot count on word-of-mouth anymore). I would not even bring up the second point. I would simply state that to due to financial issues, you may have to cancel your event. And verify that would mean you would receive a refund of $8,000 ($10k minus the $2,000 administrative fee).
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  • Michael
    Rockstar October 2023
    Michael Online ·
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    I should have said the $8000 is to start the negotiation. Really, the contradictions in the contract wording could mean they would pay back the full $10,000 or a judge might apply the 25% reduction of the refund which would mean you would get $5500 or $5600 back, depending how things are calculated.

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