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Just Said Yes October 2013

lopsided hotel wedding venue contract

Cindy, on October 11, 2012 at 1:21 PM Posted in Planning 1 11

The hotel (Hyatt) where we are planning to hold our wedding and reception has fairly one-sided cancellation terms in their contract. The contract terms allow for them to cancel our wedding for any reason whatsoever, keep our deposit and refund us only the money we've paid up to a certain point (based on a liquidated damages schedule), while keeping our deposit!

We'd like for them to amend the contract to stipulate that

1. they can not cancel our wedding to book another event in its place

2. we get a full refund of all money paid, in the event they have to cancel our wedding for some other reason

Here's the exact contract wording:

"Either the Hotel or Group may cancel this contract without cause at any time prior to the event by paying to the other party liquidated damages (agreed not to constitute a penalty) based on the following scale:"

Has anyone dealt with a contract like this? Any tips/advice for this situation?

Thanks!

11 Comments

Latest activity by Cindy, on October 23, 2012 at 8:53 PM
  • Just Reenski
    Master December 2012
    Just Reenski ·
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    I've not dealt with that kind of a contract, but I certainly would take my business elsewhere if that's the case. Hopefully some others can give you better insight.

    Also, I hope you'll update your avatar (the rings) to a unique picture so we can remember you and help you more in the future! This post tells you how to do that and more about the forums: https://www.weddingwire.com/wedding-forums/new-to-the-weddingwire-forums-please-read-before-you-post/b433c40c1a62b96a.html

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  • Married MyTrue Love©
    Master May 2012
    Married MyTrue Love© ·
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    I think that's the most ridiculous contract I have ever seen. What venue can say Forget your special day book another event in it's place and take your money without ANY type of sympathy or repercussions?? HORRIBLE. I would definately find someplace else that actually appreciates it's customers and realizes how important a wedding really is.

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  • Desiree
    Master August 2013
    Desiree ·
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    Um that's very strange, I would not sign that. I'd look for another venue!

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  • Almost Mrs. P
    Super June 2013
    Almost Mrs. P ·
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    That is an entirely unacceptable contract. I think your suggested edits are good though. I guess the hotel is just hoping you didn't read that part of the contract!

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  • Eddie
    Expert December 2012
    Eddie ·
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    I'd drop it and find someplace that cares more about you.

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  • Jamie Q.
    Master May 2013
    Jamie Q. ·
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    Um yea, I have never seen that before. Sounds super shady- so if something better comes along they can screw you? No thank you. I wouldnt even bother with them, if it is a Hyatt they will have to go through so many levels to change their standard contract. But your edits are reasonable- try that and if they agree, maybe go with them but read it carefully to make sure they didnt add anything elsewhere to make up for it...

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  • Nay-Nay
    VIP January 2020
    Nay-Nay ·
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    I have a contact with a hotel and mine is similar to that but definitely not in that exact wording. Basically my contract does mention liquidated damages but that's if me and FH cancel the wedding and they have a right to cancel the wedding but that's only if we cancel or breach the contract in any way

    I wouldn't sign anything like that though - and i'm appalled that they would have something like that as a contract

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  • Tatyana
    Super November 2013
    Tatyana ·
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    I don't think it's that abnormal to find that in contracts, people don't often notice though. Here's something we had to add to our band contract:

    ARTIST's obligations are subject to prevention by sickness, accident, means of transportation, Acts of God, riots, strikes, epidemics, public emergency, an act of a public authority, or any other cause beyond AGENTS's or ARTIST's control.

    I think you'll need to edit it your needs and obviously take out the first few, but otherwise, feel free to use it.

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  • lov3ualways
    VIP July 2013
    lov3ualways ·
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    Good thing you read it in detail. My FH thinks I am crazy cause I made notes on contracts and when we meet with the vendors had them change things that I felt weren't right.

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  • C
    Just Said Yes October 2013
    Cindy ·
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    We showed the contract to an attorney friend and found out that we did not have a clear understanding of the liquidated damages clause.

    Basically liquidated damages is a kind of predetermined schedule of damages.

    If either party cancels, they have to (per the terms of the contract) immediately pay the other party liquidated damages according to a tiered scale (listed in the contracted). The closer to the event date a cancellation occurs, the higher the amount of damages, which (per the terms of the contract), can not exceed the total amount of the food and beverages in the contract. If they cancel, they have to refund our prepayments and pay us liquidated damages on top of the refund....

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  • C
    Just Said Yes October 2013
    Cindy ·
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    ...This still left the problem of the resort being able to cancel our wedding if they got a more profitable booking.

    Basically, any wedding that met our totals and exceeded the liquidated damages would be profitable for them (which would not have been far-fetched considering the resort and location).

    We were able to add terms to the contract prohibiting the hotel from changing our event with out our written agreement.

    Thanks for the advice!

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