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M
Beginner June 2018

Planning to sue wedding venue. Do we have a case?

Matthew, on July 6, 2018 at 7:26 AM

Posted in Wedding Reception 49

Hello everyone. I’ll try to keep this as brief as possible if I can. My wife and I got married a couple weeks ago on June 24th. We rented a wedding venue from an older retired couple. We were to get married outside on their big gazebo and then have our reception inside a big reception hall building....
Hello everyone. I’ll try to keep this as brief as possible if I can. My wife and I got married a couple weeks ago on June 24th. We rented a wedding venue from an older retired couple. We were to get married outside on their big gazebo and then have our reception inside a big reception hall building. We paid for two days. The day before the wedding and the day of. We spent the day before the wedding setting up most of everything inside the reception hall. For example, tables, chairs, silverware, plates, signs, decorations, etc. I would say we got about 75% of everything setup that day and still had some finishing touches left for the day of wedding. Since it didn’t start until 5:30 pm, we had plenty of time.

The day of the wedding we head over to the venue around 6:30 am. We text the owners to let them know and they inform us that they lost power due to a storm the night before. Obviously we’re freaking out because we have no idea if we can have enough time to set the rest of our decorations up and hopefully still have power in time for the wedding. Well, through all the hoping and praying, the power never came back on for our wedding day. The entire morning, day and night, we had no power. We were trying to set things up in the dark the best we could. Obviously it was uncomfortable because there was no A/C and no lights while trying to setup. The owners offered no help whatsoever and in fact, because the storm had blown through the night before, they made US clean off their gazebo from
the flowers and dirt and water that made its way on there. Even though we didn’t cause the mess ourselves, they said since we paid for this time, it was our responsibility.

I was trying to keep my soon to be bride as calm as possible so me and a couple buddies went ahead and cleaned their gazebo in the event that we could even still get married outside. My bride was not able to get ready on site inside the bridal suite because once again, no lights or A/C. Our cake was all but ruined because the fridge stopped working. We had to spend hundreds of dollars on more candles to try our best and light up the reception hall. Overall, it was a very uncomfortable experience for our friends and family.

We ended up getting married inside the reception hall because it was still raining outside and even though the reception hall had no power, it was obviously the better option of the two. Not many people stayed for the reception due to the conditions. There was no dancing, speeches or really anything other than people trying their best to eat in a very dark reception hall. After it was all over, we spent most of the night cleaning in the dark so we could get back our $250 cleaning deposit. We got most of it done that night and came back the next morning to finish up the rest. We did. We cleaned everything spotless in that place. Luckily we got our deposit back in cash that day.

fter we sent them an email stating that we wanted half of the money back that we paid for a venue that was not delivered as promised, they said they would only give us $300 back and that the cleaning deposit would also count as an additional $250 because they stated we should have never gotten it back. They said that because one guest smoked outside in a non designated smoking area (even though they have zero no smoking signs up) and because they also found an empty beer can outside in the parking lot, they should have never given us the money back. Ok, well then why did you give it back in the first place??? When they handed me the money back, that to me was them agreeing we did everything we were supposed to.

Sorry for the rambling but we are planning on taking them to small claims and wanted to get opinions from different people. So far our family and friends all say we should and would win in court but of course they’re biased. We would like to get unbiased opinions on this. Also, nowhere in the contract does it state anything about acts of god or anything about them not being liable if the venue loses power. The contract just states things about what we are promised to get in our wedding package and about the cleaning deposit.

Thanks for your time if you read this. Ask any questions if you have any.

49 Comments

  • Jen
    VIP July 2018
    Jen ·
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    This is a terrible situation and I have a TON of sympathy for you but I don't believe you would prevail in court. The cause of the power outage (a storm) is a force majeure (also an Act of God). Before you spend more time/money contemplating legal action, I'd spend some time reviewing that legal term. What happened wasn't your fault but it wasn't the venue's fault - it was an Act of God. They do not owe you money. They certainly could give you a break as nice gesture but they don't have to. Your venue was not responsible for the weather nor the restoration of electricity. Really, they are no more legally liable for the ruined cake than the baker that made it. You chose to buy the candles, continue with the plan for the day (vs reschedule). I would have done the same, but I wouldn't expect the rented venue to contribute to those costs. I'm sorry as this does sound like a nightmare...I just wouldn't spend more money on legal fees as you will end up unhappy with even less $ than you have today.

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  • OG Kathryn
    Champion May 2016
    OG Kathryn ·
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    This venue sounds like it was a DIY venue, likely chosen to cut costs. Its a risk you take over going with a bigger venue with generators.

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  • rica
    VIP September 2018
    rica ·
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    I agree with this.

    I have a ton of sympathy for you, but you don't really have a case in those circumstances.

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  • M
    Beginner June 2018
    Matthew ·
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    Thank you for your comments and feedback. It probably was a little confusing with the refund they offered and what we were willing to accept. We’re not counting the $250 cleaning deposit because they gave us that back the day after our wedding because we contractually fulfilled our obligation to make sure the premises was clean and not damaged when we left. We were willing to accept $500 for what was paid towards the venue. The total amount paid for the venue was $1,350.00. On top of us having extra expenses to light up a reception hall and our cake being ruined, we believe $500 back is reasonable.

    It might sound like im focusing on the negative but I’m not. We stayed as positive as possible the day of this disaster and it truly was one of the greatest moments of my life to see (as best we could in the dark lol) my beautiful bride walk towards me and say I do. This will always be our special day even despite the circumstances. Now that it’s over, we still feel like the venue has an obligation to pay for a partial refund as we paid for a venue that was not as promised. We’re not trying to get out of our obligation to pay.
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  • Officiallymrs
    Super May 2010
    Officiallymrs ·
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    I feel very bad for you and your wife about how your day turned out !! But in my honest opinion- I don’t think you have much of a case .. the venue did give you what they said they would * a space to get married and have a reception* it just didn’t turn out how you envisioned it .. maybe you can upload a picture of your contract so people can give their opinions based on what it actually says
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  • lyfe_girl
    Dedicated June 2019
    lyfe_girl ·
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    There’s a lot of bad legal advice in this thread (presumably by non-lawyers). I’m a lawyer, but I’m not going to give legal advice. I will just say that whether you have a claim depends on a lot of factors, including your contract and the type of claim you’re looking to pursue! Breach of contract claims, for example, do not require negligence. Other possible claims have other requirements. It just depends.
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  • Lola
    Devoted June 2019
    Lola ·
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    This is so horrible! I am so sorry about this! I hope in the future you can look back and laugh at the day, it will be a funny story on your 50th wedding anniversary.

    In terms of proving negligence, you have to establish that the defendant had a standard of care that they breached, and that the breaching of the standard of care is what caused the issue. Unfortunately, I don't see a legal breach of standard of care here. There was a power outage which could not be prevented, and their actions are not what caused the power outage. In addition, unless they provided that a back-up generator would be available, I don't think you could sue them on grounds of breach of contract either.

    There are a ton of things that this couple could have done to be courteous and generous hosts. They could have rented a back-up generator instead of just saying you were on your own. I've never heard of a venue not providing you with a clean outdoor space if that is where the ceremony would be. That is absolutely ridiculous. But unless there was something specifically in the contract about the condition of the venue, I don't think you have a case. The best you can do is leave them as many terrible reviews all over the internet as possible and hope no one ever rents from them again.

    I'm so sorry this happened to you!

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  • M
    Beginner June 2018
    Matthew ·
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    Thank you everyone! I value all the opinions and comments we’ve been getting. I hope none of what I’ve said comes off defensive or that we’re trying to argue. We’re just making sure our side is clearly stated and understood. The people who have said that we might be wasting time and money to pursue this is right. There’s a very good chance that it would only cause more headache and loss of money. That’s one of the reasons we were wanting to get opinions on this. I will upload a picture of the wedding venue contract shortly. The name of the place is The Gazebo of Muskogee.
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  • The Nuptials
    VIP July 2018
    The Nuptials ·
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    You want to sue over $200 ($500, $700...) or so dollars? This isn't worth it, the court fees would pile up. What did the actual venue cost?

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  • needmorewine
    Expert May 2016
    needmorewine ·
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    I definitely have sympathy for what happened, however I agree with everyone else that I think you’ll just be wasting your time and money trying to pursue this in court. The power outage wasn’t their fault, and they didn’t do anything wrong. I think it was nice of them to even offer you anything at all. Sometimes you just have to accept the fact that stuff happens outside of anyone’s control and just because things didn’t go exactly as you wanted them to doesn’t mean that you’re entitled to compensation.
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  • M
    Beginner June 2018
    Matthew ·
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    I called the court clerks office and the only money we would be out taking them to small claims is $108.00. Not too bad.
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  • The Nuptials
    VIP July 2018
    The Nuptials ·
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    So now you are down to $592 of the $700 you want back. Plus time off of work to go to court and the emotional toll of dealing with the back and forth.

    Is that worth it? Only you can answer that.

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  • M
    Beginner June 2018
    Matthew ·
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    Thank you so much! Heres a link to the agreement we signed.

    https://www.dropbox.com/s/s54kuhlaxn00aaz/Photo%20Jul%2006%2C%2010%2037%2033%20AM.png?dl=0
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  • OG Kathryn
    Champion May 2016
    OG Kathryn ·
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    Do you have photos of what the venue looked like the day of vs. what was promised?

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  • MrsD
    Legend July 2019
    MrsD ·
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    I would consult an attorney. Unless the contract states the venue will have power, will clean after bad weather, and will come up with a generator if they lose power, I don't believe you have a case.

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  • Jennifer
    Master September 2018
    Jennifer ·
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    I have no advice, but I am so sorry for your experience. I would write off the money you are trying to re-coup and plan a little celebration to make up for some of the loss of memories.

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  • Sarah
    Master June 2016
    Sarah ·
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    The rental agreement doesn’t even include any notes about the indoor space. It doesn’t say anything about cooling/heating. It doesn’t say anything about a fridge to store things in. Unfortunately, with that being your contract, I don’t think you could claim breach of contract.
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  • muriel
    Champion June 2018
    muriel ·
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    I didn't read the responses. If you are planning on suing anyone you should stay off the internet and see a lawyer. Posting all this information online can hurt your case.

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  • lyfe_girl
    Dedicated June 2019
    lyfe_girl ·
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    Stop asking the internet for legal advice. The non-lawyers are going to give wrong advice (not because they're not trying, but because they just don't know--there's a reason for law school), and the lawyers aren't going to give someone legal advice in an online forum. I sympathize with you, but I just don't think asking for advice here is going to help you at all. I'd normally tell you to talk to a lawyer in your area, but it's probably not worth the cost of talking to a lawyer given the amount you're after, unless you can just do an hour or so consultation with someone to help you figure out your claim. You could try to sue on your own, but depending on your state and how forgiving the judiciary is to pro se litigants, you're probably not going to assert the right claim (if there's any to be had), and you'll just end up losing the court fees.

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  • M
    Beginner June 2018
    Matthew ·
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    Here is a better understanding of what was promised for the pricing we paid. This is the pricing agreement. We chose package# 1 at the top.

    https://www.dropbox.com/s/7cwd04svxhyf0xs/pricing%20%28003%29.docx?dl=0
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