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Nilou
Super October 2015

Liabilities in Wedding Planner Contract - is this normal?

Nilou, on March 11, 2015 at 1:03 PM Posted in Planning 0 15

Hi all, just need some opinions. I received the contract for the wedding planner and this is in the liability section, just wondering if this is normal? I feel like it basically says they can do anything wrong and not be held responsible.

"Company assumes no responsibility for any damage or loss of any merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. Clients understand that during the involved event and as a result of utilizing services provided by Company accidents/breakage and damage may occur. Company assumes no responsibility for the conducts of guests, members, and/or 3rd parties. Clients hereby agree to indemnify and hold harmless Company and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from services provided by Company in the performance and/or failure to perform within the scope of provided services including the negligent acts or omissions by Company's employees.

15 Comments

Latest activity by VWCat, on March 13, 2015 at 10:39 AM
  • KTizzle
    Master June 2015
    KTizzle ·
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    Edited because I read it wrong. Yea that last sentence rubs me wrong.

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  • Nilou
    Super October 2015
    Nilou ·
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    @KTizzle Exactly, it's that last sentence that caught FH's attention. I was ready to sign but he doesn't like the last sentence. I get that companies have liability clauses but...this seems excessive...

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  • Christine
    Master October 2015
    Christine ·
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    Oo, we had to go back and forth QUITE a bit with our planners because of that exact same language. FH is a lawyer and works on contracts every day and he refused to sign it as was.

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  • Monique  Wilber
    Monique Wilber ·
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    It was all good until that last line....

    The rest of it is normal. The planner should not be liable to the venue or the florist if you or your guests get drunk and start bashing up the place and the rental centerpieces.

    That last line? They should have Errors & Omissions insurance to cover their failure to perform. And - they don't want to be found negligent for the action of their employees? Ouch.

    I'm not an attorney, you need to get clear legal advice on this one. I'm only interpreting as I read it. If I were you, I'd ask them about it. And - make sure they have liability insurance and Errors & Omissions insurance. And Workers Comp insurance for their employees.

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  • Melissa
    Super September 2015
    Melissa ·
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    Any contract that I have with vendors are edited with their signature to make sure that if they cause the damage/loss then they will be held responsible for the damage/loss. You might want to consider making an edit to your contract, and asking for them to review the edit and approve (in writing).

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  • Jeleebeenz
    VIP September 2015
    Jeleebeenz ·
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    I would never sign it as it is.

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  • Celia Milton
    Celia Milton ·
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    Everything seems normal to me except the last line. If they cause the damage, they should be liable (dropping an expensive rental vase, not showing up....) I can understand not being responsible for punitive damages, but if they broke a 400.00 cake stand, they should have to pay for it.

    They should have liability insurance too; if they don't, the venue may not even let them in.

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  • StitchingBride
    Master October 2014
    StitchingBride ·
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    I wouldn't sign it

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  • Rachel DellaPorte
    Rachel DellaPorte ·
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    Ask your planner one simple question: "Do you have business insurance?". If she says yes, ask her to see proof of insurance. I'm a florist, and I need insurance (because flowers kill). If something goes horribly wrong at a wedding (there's a fire, food poisoning that killed someone with a weakened immune system, someone is seriously injured, or worse -- is fatally allergic to a bee sting caused by a bee who was attracted by our arrangement) everyone is a defendant. That's why vendors need insurance. This clause completely releases your planner from any responsibility for anything -- even if she or her agents are responsible for the damage. My guess is she has no insurance, and even if she causes the problem, you've let her off the hook if you sign the contract the way it is. Cross out what bothers you, both of you initial it, OR find a planner with insurance and a standard contract. The way this reads, your planner could break something valuable at the reception venue. You've let her off her hook if you sign this. The venue will then come after you.

    Chances are nothing will happen. However, in the event that something does happen, these clauses become incredibly important.

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  • FFW
    Master August 2016
    FFW ·
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    Including the negligent acts or omissions by Company's employees.... honestly even the last sentence was fine until that part. No if you forget to do something or you accidentally cause damage you should pay.

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  • Monica SC
    Master October 2015
    Monica SC ·
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    I would not sign it with that last line either. So if they totally screw up everything then that's OK and you have no recourse?

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  • Digital Glam Productions
    Digital Glam Productions ·
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    Hi there, I have contracts for my company as well. I think what this wedding planner is saying is that they are not responsible for any damage to the venue such as candles burning things, damage to walls, carpets etc..that could occur during the wedding reception. This is usually normal.

    I don't agree with the part where it says they are not responsible for any of their employees behavior or any damages they may occur. Of course they are responsible for their employees, its their reputation and name on the line. If they aren't hiring reputable employees then that's their problem not yours. The whole reason you hire a wedding planner is so that they take your worries away and make things worry free lol best wishes. I wouldnt sign that until I had a really good explanation as to what that means! xo

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  • VWCat
    Master October 2015
    VWCat ·
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    I agree with everyone on here. Good catch on your FH's part. I've been lucky as my mom is a contract attorney, and we've edited a few of my wedding contracts because of weird wording.

    Anyways, don't sign anything you're uncomfortable with!

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  • Nilou
    Super October 2015
    Nilou ·
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    Thanks everyone! We revised it and the planner agreed to make the changes and resend!

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  • VWCat
    Master October 2015
    VWCat ·
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    So glad you were able to revise it! Now you have your planner and are protected Smiley smile

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