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Kassandra
Just Said Yes January 2021

Signed a Service Agreement, but Have Not Paid

Kassandra, on February 17, 2020 at 9:13 PM Posted in Planning 0 10

Planning a wedding is extremely stressful. My fiancé is actually in the Air Force and he is gone this entire year, while I am planning everything. I have met with a few wedding planners. I spoke with my fiancé, and he thought this person sounded great, so the service agreement got signed, but we have not paid this person yet. We have until April to pay the deposit. I, on the other hand, found a better, more reliable, planner that can meet our needs and provide more. They end up costing about the same, so I am extremely upset because the service agreement for the one planner has been signed.

Are we stuck? If so, I can swallow that pill and move on. I just did not know if we could get out of it, since we have not paid anything for the wedding. The service agreement was signed last week!

Any friendly suggestions and comments would be helpful! I am not trying to rip this planner off, I am just wondering if there is a way out, or not!


Thank you, in advance!!

10 Comments

Latest activity by Samantha, on February 18, 2020 at 4:27 PM
  • Sarah
    Master September 2019
    Sarah ·
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    Read the agreement. There should be a clause about cancellation in there.
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  • Kristen
    Master November 2020
    Kristen ·
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    I would say if you did not give any money then you can back out and would not lose money but yeah read the contract as Sarah said.

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  • Mandi
    Master October 2020
    Mandi ·
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    Eh. They could still chose to sue her since she entered a contract. I doubt they would.
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  • Kristen
    Master November 2020
    Kristen ·
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    I know that is why I suggested read the contract ha ha. I don't know this company but I would be very surprised if there was something in there saying that if she cancels service says that they would sue her. I bet she would just throw them some money.
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  • Kassandra
    Just Said Yes January 2021
    Kassandra ·
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    That is why I posted the question! Although we have not paid a deposit, or anything, I am afraid she could do that. Like I said, I do not want to rip this girl off, she is very nice. However, she does not seem extremely fitting, if that makes sense. I am just wanting to see if we could somehow get out of that agreement, the right way. That way, she can possibly find someone else who wants to use her, since the wedding is about a year away!! Thank you for that, though!

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  • Kassandra
    Just Said Yes January 2021
    Kassandra ·
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    I definitely have not seen anything saying she would sue us! On the other hand, I am going to post what it says about canceling because I am wanting to make sure I completely understand everything she wrote!!

    "Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the to occur or failure of one or more essential parties to the to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for , then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. "


    What do you make of this? Also, thank you for your comments!!

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  • Kassandra
    Just Said Yes January 2021
    Kassandra ·
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    This is what she wrote about canceling:


    "Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the to occur or failure of one or more essential parties to the to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for , then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost."


    To be completely honest, I am still unsure as to what we can and cannot do! Any more suggestions would be greatly appreciated!!

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  • Kristen
    Master November 2020
    Kristen ·
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    I personally would call her or email her just to be sure. With email you have something in black and white. The way I interpret that is if you choose to cancel you just need to do so in advance and follow the procedure for the notice of cancellation. I also read it as if you had paid you would not get any money back but since you have not paid anything then you do not forfeit any money. Again just to double-check I would contact her and double-check that is the case.
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  • Samantha
    Savvy May 2021
    Samantha ·
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    "Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for , then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost."

    This part to me sounds like unless you say you want to cancel the contract and she agrees and says you don't owe her anything, you still owe whatever amount you were expected to pay. It says you are not relieved from payment unless agreed in writing. So it seems you need to decide if you really want to cancel and if so, ask about cancelling without owing any money.

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  • Samantha
    VIP October 2020
    Samantha ·
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    "Client is not relieved of any payment obligations for cancelled Services" that means that she absolutely can sue you for the full balance of the contract. The fact that it ALSO says that any monies previously paid will be forfeited doesn't meant that it would be sufficient to satisfy what you owe. The fact that you didn't pay a deposit is inconsequential, you don't have to exchange money for a contract to be enforceable. I know that it doesn't say that she will sue you in the contract, but that doesn't mean it won't happen. I've read thousands of contracts and unless there's an arbitration clause then they don't usually specify what the next step will be if they fail to collect an outstanding debt. It sounds like you're on the hook unless you both agree otherwise in writing, which she says she may do if she books another client.

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