The Ultimate Guide to Wedding Contracts
Photographer: @moonstone.photo
Ah, contracts. They’re necessary for buying a house, a car - and of course, weddings. Like buying a house or a car, a wedding is a big financial expense. Therefore, having - and understanding - a wedding contract is imperative for you and your partner as well as your vendors and venue.
But, contracts are not the easiest thing to understand - and the last thing you and your partner need is something major happening only to find out your contract doesn’t cover that. So, here is your guide to everything you need to know regarding wedding contracts.
Why Are They Important?
Wedding planning is certainly exciting. Between creating your vision board, finding your perfect venue, and watching everything come together, it’s an exciting time in your life. But, working with vendors and venues is a business transaction - and contracts are involved in business transactions.
Contracts ensure everyone is on the same page and that both parties are protected. Therefore, expect a contract from each and every vendor you work with, including anything that involves custom work, payment plans, or services/goods used on your wedding day.
Make sure everything that’s expected from the vendor is clearly stated in the contract - not just an email or a text message. If it’s not included in the contract, it won’t matter.
How Are They Organized?
Quick tip here: if you’re unsure about anything in the contract, consult a lawyer. It may sound extreme, but the last thing you want is to think you have something covered in the contract only to find out you don’t.
Most contracts are separated into clauses that include:
Services Provided: The full rundown of what you will be receiving from that vendor (i.e. for a photographer, what are you getting? A certain number of hours? Photos?) as well as any logistical details and communication guidelines. For communication guidelines, be sure it’s clear what’s included regarding timelines and reply time.
Travel: This clause is important if your wedding is happening outside a vendor’s standard service radius. Will you be reimbursing for flights? Meals? Hotels? Knowing these answers is important for budget purposes.
Payment: Here you’ll find the details on payment terms. These typically include non-refundable or refundable deposits, when payment installments are due, overage fees (if applicable), late payment penalties, etc.
Cancellations or Postponements: All wedding contracts should include what happens if your wedding date has to be postponed or canceled. What is the rescheduling policy and fee? Is the retainer fee transferable? What happens if the vendor can’t accommodate the new date? What happens if you have to cancel? What happens if the vendor has to cancel? These should all be laid out in your contract.
Termination: Different from cancellation, termination is when something happens between you and the vendor. For example, if the couple is unhappy with the services provided, what happens? And how does that affect any payments made?
Force Majeure: As we learned with pandemic, sometimes things happen beyond anyone’s control. A force majeure is a clause for either party to end the contract without penalty due to an unforeseeable event. These typically include hurricanes, wildfires, tsunamis, and pandemics. They need to state these specific events in order for it to be counted and they vary from state to state. Some states are more strict than others so be sure you know what language is needed in your wedding state.
Contingency Plans
Contingency plans are necessary in case something happens with the event itself. While they don’t always make it into a contract, it’s important to discuss them with your vendor. There are typically two types of contingency plans: one if there is an issue with the event itself and another if there is an issue with the vendor.
A vendor that provides a single service should provide a plan in the event they become ill or are unable to work your event, such as providing a backup.
Other contingencies to keep in mind including what happens if it rains at your outdoor wedding? What if your flowers aren’t available due to a drought? What happens if the ceremony has to get moved indoors?
The Most Common Wedding Contract Terms
There are certain terms that are associated with wedding contracts including:
Retainer: AKA a non-refundable deposit, or the fee paid to reserve a vendor’s service on your wedding date.
Liquidated damages: This is in the clause pertaining to the retainer and is the legal term for a non-refundable deposit. It’s used as compensation for booking your wedding as well as any upfront work.
Jurisdiction and Venue: The term for where lawsuits regarding your contract take place. For example, if you’re having a destination wedding, your vendors could have jurisdiction in that venue location so you’re unable to sue them in your home state.
Act of God: This is a subclass of force majeure event. It’s typically used to classify any event that is out of human control (i.e. fires, floods, earthquakes, hurricanes, etc.). It would NOT include things such as labor strikes or government restrictions due to a pandemic.
Waiver: This addresses lapses in payment.
Severability: The term used to uphold the overall contract in case a certain part of the contract becomes unenforceable. That part of the contract can then be severed without voiding the entire contract.
Indemnification: This term is typically found in large-scale event contracts as well as non-wedding contracts. It means you’ll compensate for any losses, harm, or legal liability that occurs from your event.
We know contracts aren’t the most fun part of wedding planning - but they are one of the most important parts. And while this isn’t legal advice, this guide can help you feel more prepared when reading and understanding wedding contracts!