Contract help needed

Here's the paragraph:

A wedding planner from (Company) shall arrive at the wedding location at an agreed upon time to meet the vendors at least two hours prior to the start of the wedding ceremony. Client fully understands and agrees that (Company) shall not be responsible or held liable in the event that (Company) is prohibited from providing wedding day services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as hurricanes or inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the wedding. (Company) will make every attempt to notify client and to provide for a substitute Wedding Planner who can provide services if time and resources permit. In any event, (Company), his/her agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any wedding services resulting from such incapacitations, non-arrival, errors and/or omissions of any type.

This is fairly standard for contracts, in my (limited) experience. Our photographer has the same thing--but it includes a % return policy. If she wakes up sick and can't come, and can't find a replacement, she'll refund 75% of her fee (your contract makes it sound like she's not liable for the loss of money if she can't meet your florist, for example, and your florist screws you over; maybe the planner's fee is different?).

I would just confirm with them that you get at least a portion of your money back if they fail to provide services.

That seems standard. You should make sure you get any already-paid money back and don't have to pay the balance, if they do back out.

I wouldn't sign that. An act of god clause is pretty standard, but the rest is not. My photographer has a back-up in case she cant make it, and it's in the contract. Also, I would not be comfortable signing something that says I still have to pay if services aren't provided. If she gets sick, fine, but you shouldn't have to pay her. That makes no sense.

It's a force majeure clause, which is common. You should still ask to have language included to provide for money back should your planner fail to show and also fail to provide a replacement of equal quality and knowledge.

ETA: Clarity.

Well, my full balance is due the 30 days out (shes a full wedding planner, not only the day of). So if she really didn't show up the day of, there would be plenty of time she put in that she should be compensated for, however, I feel like failure to show the day of to execute everything she planned and to coordinate the actual day is certainly worth a bug chunk of the money already paid.

My photographers also wrote something similar in the contract. If you are concerned about the wording, ask her for some clarification. I had to ask mine about a few things as well. Make sure there is some sort of refund for her not showing up, if heaven forbid something happened that day.

This is pretty standard, and we have one too, but if she is a no show on the day, there should be compensation back to you.

I have something similar in my contract as well, however I also have a refund policy attached to it based on time worked to that point.

How often do vendors change the wording on individual contracts? We have a unique situation and needed an addendum to her normal contract and it took her several days to get it to us because she said she needed to have their lawyer review the changes. Are her other brides just signing it or do they only make changes when someone makes a "fuss" but leave it this way for anyone, dare I say, silly enough to sign it?

The "act of God" clause is pretty standard in all contracts!

I would clarify the refund policy and add it in before signing that.

Of course she can't be held liable if her appendix bursts and she's rushed to emergency surgery on the morning of your wedding (or in a traffic accident, etc.). I'm not thrilled with the traffic difficulties clause (but then again, if the venue we're headed to is more than a half hour away, we leave plenty of time to cover the time eaten up by potential road construction and traffic).

In any event, the fact that she might run into an unforeseeable situation that keeps her from attending your wedding does not negate the fact that she did a lot of work leading up to your wedding day. That clause is there to make sure that she will be paid for those hours of work (which is fair). Having said that, I also think she should offer you some kind of percentage refund if she doesn't show up -- even if it can't be helped. You paid for that day, and I think you're entitled to have her on-site on the day of the wedding. Before you sign, see if she'll agree to pay a no show fee or reimburse a percentage of your fee if she can't attend the wedding.

"Act of God" does not equal illness. Like you said, she could wake up sick or with a migraine. I would make sure you can get a refund for a no show.

In my experience some contract alterations are common - I made small changes to our venue and photog contracts. But none were in the force majeure or payment policy clauses - that might be a dealbreaker.

There should be a refund policy if they can't make it...I would check the contract; speak with vendor to clarify and renegotiate if your contract is devoid of this detail.

I rarely change my contract for one off items. I have two exceptions - one is my payment structure (if I am being contract less than 30 days out, payment is due in full) and I will strike the photography release clause if asked. I won't change the other items as I paid my lawyer a ton of money to make sure it was a fair contract to both parties, covered me as a business and ensured that I was as legally bound as the client is to provide service in exchange for payment.

I'm not an attorney, but to me "(Company), his/her agents and assigns shall NOT be held liable for any compensation or any damages (including punitive)" is NOT the same thing as "no refunds."

To me, what's in the contract says that if she doesn't show, you can't sue her for ADDITIONAL money (i.e. "you ruined my wedding so you owe us $1,000,000 for pain and suffering"). So I would just clarify the refund policy.

ETA: Or, basically exactly what Richard said.

Thanks, everyone. This helps. I wasn't sure if I was being a brat so I either wanted validation that I have a right to (politely) ask for a refund policy or to be told that I was being a brat and just sign the damn thing. I guess we will find out if she will add something or not....

OK, so what happens if the bride or groom falls ill the day of the wedding? Do you still proceed as planned? This works both ways. If the illness cannot be forecasted or planned in advance, then it reflects no negligence on the vendor's behalf. Force Majeure, Acts of God, Weather, War, (not pandemics though...as many have learned) is standard verbiage and necessary in an event or wedding contract. This is separate but related to a "Performance Clause" on behalf of venues, vendors, and related participants. I've encouraged the purchase of wedding/event Insurance, Travel or honeymoon Insurance, and also Casualty Policy coverage in the event of damage by you, guests or vendors as well. So important to ensure all is covered, including a Plan "B".