Category — Contracts

Question from a real bride:

“Hey Stephanie,

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In my last blog post, I talked about what to do if you get screwed by a wedding vendor.  But how can you avoid getting screwed in the first place?

QUICK NOTE: My book, The $10,000 Dream Wedding, reveals the essentials you need to know, the scams to look out for, and the common mistakes to avoid.  But here are some simple steps you can take to avoid getting screwed…

If you take the time to do your research beforehand, you’ll be able to avoid the courts later on.  You won’t have to worry about getting ripped off.

On the other hand, if you don’t do your homework before hiring you can get taken advantage of and then not have a leg to stand on in court.

Two Ways To Avoid Getting Screwed

1)  Hire Reliable Wedding Professionals With An Impeccable Reputation

• Ask for recommendations of family and friends who actually used their services personally.  Word of mouth recommendations are great…but only from people who actually hired the vendor.  “Friend of a friend” referrals are not nearly as reliable.
• Check the Better Business Bureau for complaints against the vendor.  Make sure your potential vendor has no complaints against them.
• Ask your local Chamber of Commerce for referrals.
• Ask potential wedding professionals for references and then CHECK THEM.  Keep in mind that they are only likely to refer positive references.  However, if you ask good questions you can often “read between the lines” and find out what they were like to deal with.

2)  Put Everything In Your Contract.

• Get everything in writing.  Spell out IN DETAIL the products and services you want.  If you want the DJ to play specific songs, list them in the contract or in an addendum.  If you want the photographer to take certain specific photos, write them in.
• Make sure your contract includes a “penalty” if the vendor violates the terms of your agreement.  For instance, you should get a 100% refund, including your deposit, if they cancel.  If a DJ doesn’t play every “Must Play” song or a photographer doesn’t take every “Must Take” photo, you should get at least a partial refund.  This provides a financial incentive for them to keep their word.
• Some vendors will resist this.  After all, they’ve written the contract to protect themselves…not you.  Simply tell them, “I’m very detail oriented.  I’d like to trust your word, but I feel much more comfortable getting everything in writing so that there is no misunderstanding.”
• If a vendor refuses to make the additions to the contract that you request…DON’T HIRE THEM.  You’re only asking that they provide a written guarantee of their verbal promise.  If they plan on fulfilling their agreement, why should they have a problem with making it official?

Money Back Guarantees

Some wedding vendors offer a Money Back Guarantee.  This is a smart way to reduce your risk.  The terms may refund all or part of the fee if they don’t fulfill their agreement.

You might also ask a potential wedding vendor if she would be willing to offer such a guarantee.  This way if the vendor doesn’t keep her part of the agreement, you’re protected.

You’re paying a lot of money for your wedding.  It’s up to YOU to protect yourself and make the most of every penny you’ve got. Follow these guidelines and check out my book for more details.

Got a question about protecting yourself when hiring wedding vendors?  Leave me a comment.

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One of my recent brides just told me about her unfortunate experience with her photographer.  Take this as a warning.  If it can happen to a savvy, empowered woman like her…it can happen to you, too.

Here’s her story:

“[Our photographer] has been HORRIBLE to work with since the wedding.  The photos were not particularly good, but she also missed MANY shots that I had asked for (she asked us for a shot list and then didn’t abide by it)- including our first kiss at the church and there wasn’t even ONE shot of the groom by himself (she had to go back and crop me out of a photo so there would be a shot of him alone!).  Also, we were supposed to be getting a photo montage/video clip DVD set to music.  Well, it’s been 6 months, she’s sent 3 separate versions of the DVD and they are all horrible (video in the wrong format so it looks squished, using unedited photos with weird stuff in the background, zooming the pictures in on people’s chests instead of their faces), just terrible.

“Apparently she’d NEVER done it before and got in over her head (her own admission) and swears she’ll never offer it again.  She’s been very defensive and has not offered us a refund for the DVD project.  We’re still dealing with it.  I looked on The Wedding Coach for advice about vendor disputes, but came up empty.  Wanna do a post for me?!”

This absolutely sucks.  If you get screwed by your wedding vendor, what can you do?

It all comes down to your CONTRACT.

If you have specific terms in your agreement laying out the particulars of the product and service to be delivered, and the vendor violates the terms of that written agreement, you definitely have a case in court.

According to LegalZoom.com, you can sue for deposits, dissatisfaction or desertion. Dissatisfaction certainly applies in this case.

However, if your contract doesn’t specify exactly what the product must include, other than a general description such as, “2 copies of a DVD filming the introductions, first dance, toasts and parent dances,” your case is not as strong.  You’ll have to prove that the photographer did a job poor enough to entitle you to a refund.  If he did in fact deliver the product and it’s just not to your satisfaction, but it’s a “reasonable” performance, you could end up going through a suit in small claims court without much…if any…reward.

So what can you do?

1)  Express your dissatisfaction with the vendor clearly and specifically. Tell them you are unhappy with the results and exactly how you expect the vendor to fix it or issue a refund.

This bride has tried and failed to get her needs addressed this way, but it’s step #1.  Many vendors will fix the situation if given a chance because their reputations are at stake.  The fair thing to do is voice your complaint them first.

2)  Check your legal options. Did the vendor violate the terms of your contract?  If so, you have a case.  Write a letter to the vendor stating your complaint and the violated terms of your agreement, informing them that your lawyer has advised you to take legal action.  Ask the vendor again for the satisfaction you want (Example: a corrected product or a refund) and send it by certified mail.  Better yet, have your lawyer send it on her legal stationary.

You might also post a question on Just An Answer, a website that answers questions regarding consumer protection issues for a small fee.

If the vendor has not specifically violated the terms of your agreement or he does not respond to your letter, you’re not done fighting yet…

3)  Inform the vendor that you will be filing an official complaint against them if they do not give you satisfaction. Tell them specifically any and every organization you’ll be informing of your dissatisfaction.  Check out this great handbook, Settle Your Small Claims Suit Without Going To Court for details.

*Use the threat of these actions as “gentle encouragement” for the vendor to make things right.  But don’t take action until you are certain the vendor is not willing to resolve the issue, or you lose your leverage.

If they still do not respond, file a complaint with the Better Business Bureau, The Federal Trade Commission and your local consumer protection agency.  Report your dissatisfaction to all your other wedding vendors and post your complaints on bride chat rooms like TheKnot.

4)  File a dispute in small claims court. Each state has its own small claims court system, so do a quick Google search for “file small claims in [Your State] for links to the websites and courts to contact.  It’s a relatively simple process.

You’ll want to gather any evidence to prove your case, along with any witnesses.  Records of transactions may be helpful, such as:

• Cancelled checks, money orders, sales receipts.
• Bills, contracts, estimates, leases.
• Letters.
• Photographs.
• Other documents proving your claim.

Then let the courts do their work.  And please, don’t forget to file official complaints with consumer protection agencies so that you can save future brides the agony and stress that you’re going through.

The best way to avoid getting screwed is to put everything in your contract before the problem comes up. More on that in a future blog post…

Got a vendor dispute story?  Leave me a comment.