doc contract

The attached picture shows the contract and the section I'm referring to. Fh says it doesn't sit well with him also and we won't sign it unless it states that we will be refunded our money. If they send a replacement I wouldn't expect a refund necessarily but if no one shows up? I would expect a refund. Am I being ridiculous? Is this normal? It's a shame because we really liked these women and thought we'd book with them but I don't like their contract or the fact that they didn't include things we had expressed we wanted done.

I would be really uncomfortable with that. I agree it just doesn't read correctly. It doesn't protect you or your wedding.

I would be concerned about that too and probably would keep looking to be honest.

I agree. I wouldn't risk it, I'd try finding someone else.

That wouldn't sit well with me either! They either need to re-write this or you need to find someone else.

If they adjust the contract to put in that we would be refunded (less the deposit, which I still don't understand the reasoning since our date wasn't held then) would you book with them? Another doc that I have yet to meet sent me a contract and it had NO clauses or agreements in it besides the services she would provide. (Picture attached) I emailed her back and asked what her policy is and she said she would send her assistant in that case. I just don't understand why that's not on the contract and she had stated she's never had an issue with her normal contract with couples. Is it wrong to ask that certain things be in there and for them to adjust their contracts? Not sure why I'm having such bad luck with this all of a sudden. It just all seems unprofessional to me. I haven't met this other woman yet and she said she could put a clause in about her assistant coming if she can't make it, but I feel like there should be more than that considering how legal heavy this other doc went on hers. Hope this isn't confusing you guys.. I'm just lost on what to do. I haven't met this lady yet but already her contract just seems wonky as well.

Eta- words & just noticed I can't make that picture out on mobile and have no idea why it's so blurry.

Nope. Wouldn't book them. At a minimum, responsibilities should be written out.

I'm working with a sole proprietor as my DOC and she's even giving me 5 days after the wedding to send the final payment. If she can't make it, my deposit will be returned.

Ummm no. That's the strangest contract I've ever seen.

Responsibilities should be spelled out clearly, for your sake and for theirs. That's what contracts are for.

As for the deposit (which should be called a retainer) we have a sorta similar clause but if WE don't show up (that wouldn't happen but anyway), the couple would get the entire payment back, because the whole fee would be paid at that point. We would try to find a replacement of course, but if not, we keep nothing.

What's with the, "can't make it"? Sickness? Binge watching 'Breaking Bad"? I'd send another person, but your ceremony is written and edited by then (this has never happened either). I get that people have family emergencies, but the contingency plan should be clearly stated in the contract. Especially since the bulk of the DOC work is done on the day, not before.

Act of God (we call it Force Majeure ,which I'm sure is spelled wrong) clauses do not normally guarantee that anyone gets their money back from any vendor. In our case, we offer to move the date and location because we figure that the couple IS going to get married and regardless of what happens to the other vendors, they still need us. We only lost one of our couples from Sandy; everyone else got married either later or elsewhere, and all was well. Relatively.

What bothers me about these contracts is that while I'm all for vendors getting paid for their time and efforts put in, the language and policies wouldn't make me, as a client feel at ease. Really, isn't that why you hire a DOC? The first one sounds like, "If I don't show up, I keep your money." That may not be what she is trying to put across, but that's the effect.

I'd get some satisfactory answers (and no, 'no one else has had a problem" isn't satisfactory) or move on.

I agree with Celia - I feel like it is elaborate contract language that basically says "we keep your money even if we don't do the job"

I wouldn't be signing it..if they don't show up what do you do?? Your stuck!!

Thanks everyone.. Our photographers contracts states she would send a replacement and that if not they would be liable to refund us. I had absolutely no problem signing that because I knew I wouldn't be out money. It's a shame because I really liked the two women we met but their contract sucks. I'm going to ask them to change it and include that they would be liable to refund me all of my money (including the retainer Celia ) and if they don't I'm going to move on to the next and see if she will adjust her contract. If neither do, well I'm going to find someone else.

Word of warning to all- read your contracts!!

Thanks all

I wouldn't sign that.

Look at other DOC companies and compare their contracts. I haven't begun this process yet so I'm not sure what is normal but that would be my first suggestion

@kait that's what I'm doing now actually, from the ones who have sent me their contracts. Only one has a clause about us getting a full refund. I think I'm going to copy and paste that part and send it to all the other docs and tell them to include it or I won't work with them. Sounds rude but I need to protect myself, right!?

Hospitalization or acts of God is one thing, but car breaks down? Take a damn cab or the bus and get your butt to work!

A non-refundable deposit is pretty standard, as they will likely put in time before the event, but paying for services not performed is not. Explore other options.

We rejected a DOC because of their contracts as well. FH is an attorney and went through every vendor contract carefully. This DOC's contract was a mess. Surprisingly, she said that no other couple had ever said anything about it. We just moved on and found someone perfect (and with a solid contract!). Definitely negotiate until you're comfortable or look for someone else.

You'd be amazed how many people clearly do not read our contracts. It's so, so important that the day, date, times, fees and duties are correct. Even moreso with venues because your coordinators at the venue can promise you the world, but as many people have posted here, venue coordinators play musical chairs and if it's on on paper, you're SOL.

I second other posters saying to have them revise the contract to add what you need in there. To me the paragraph about acts of God etc is saying that you can't sue them if they can't be there for those reasons. I do understand not getting your retainer back because they wouldn't have another job that day but you should definitely get any other payments back or applied to another date.

I'm still confused about why I wouldn't get the retainer back. If they can't make it because their car breaks down or a hurricane, they wouldn't have made it to another job anyway. I understand if they're putting time in before the day though. I'm going to email them later today and update with what they say after I ask them to adjust it..

And as Marion & Celia said- it's so important! I learned that from here! I usually don't read too many things I sign but I've changed my ways after reading previous posts/comments from people regarding contracts. So so important!