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Wedding-DJ breach of contract or intent

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tjm75

Guest
What is the name of your state? MN

i am getting married in 4 months, and i signed a contract with a local dj company. this company had no complaints that had not been resolved in the prior three years according to the better business bureau, and seemed like a perfect fit. however, last week, a little under 4 months prior to our wedding, my dj
contacted me to inform me that her husband had a stroke. anyhow, to make a long story short and to find out who I need to contact, the jist is she had lied to me and was trying to get out of her double-booking my wedding date. it is a small company-husband and wife team. she did not do this accidentally, and also proceeded to lie about this. i did sign a contract, and i have a copy of the contract. i also put down a $100 deposit, but i am wondering if she has to uphold the contract, or who I can contact to obtain further information regarding contracts and what i can do, legally or ethically.
 


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hexeliebe

Guest
Someone will correct me if I'm wrong however, since the contract is for a wedding four months in the future, there is no breach of contract as of yet. Therefore, the only action you can take now is to recover your deposit and get busy finding another company to provide music for your wedding, or wait until there is an actual breach (the day of the wedding) then deal with it.
 
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badtenant

Guest
Dont get so huffy about this, you are staring to act like a Bridezilla!

Wedding DJ's, of which I am one, usually dont INTEND to double book a date.

Instead what usually happens, is you send out contracts for the date and after a while say 2-3 weeks if the bride does not send back the deposit, and reserve the date.... and someone else wants the date you send a contract to them, then a few weeks down the road you open your mail and get BOTH deposits!

So then what do you do? You try and see how you can do both jobs, maybe the husband was going to start one job at 1pm then wait for the wife who was setting up job #2 then have the hubby leave and start job #2 at 4pm, then have the wife show up at 5-6 so they both finish the wedding...

Logistics.......now if Both weddings were say 1-5 or 7 -12pm, i would have never sent out the second contract until the first bride cancelled in writing.

You would be entitled to the $100 back of course.....

At least you have 4 months to prepare for your wedding, I know its aggrivating....but sometimes S&&T happens, and just becuase you have a contract there is only so much you can expect.

I would be livid at the DJ, if the wedding was for THIS SATURDAY!






tjm75 said:
What is the name of your state? MN


contacted me to inform me that her husband had a stroke. anyhow, to make a long story short and to find out who I need to contact, the jist is she had lied to me and was trying to get out of her double-booking my wedding date. it is a small company-husband and wife team. she did not do this accidentally, and also proceeded to lie about this. i did sign a contract, and i have a copy of the contract. i also put down a $100 deposit, but i am wondering if she has to uphold the contract, or who I can contact to obtain further information regarding contracts and what i can do, legally or ethically.
 
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I AM ALWAYS LIABLE

Senior Member
hexeliebe said:
Someone will correct me if I'm wrong however, since the contract is for a wedding four months in the future, there is no breach of contract as of yet. Therefore, the only action you can take now is to recover your deposit and get busy finding another company to provide music for your wedding, or wait until there is an actual breach (the day of the wedding) then deal with it.

My response:

Well, I would have to respectfully disagree with my good friend, Hexy.

First, I hope that our writer has some sort of proof; e.g., a writing, that her current DJ will not perform under the contract.

Assuming there is some sort of proof, our writer can hopefully find another DJ at this late hour. If she can, and it costs her more than her original contract price, she can sue in Small Claims court for "Anticipatory Breach of Contract". When she does that, she can get her deposit back, and also the difference in price between her current contract and her new DJ contract.

IAAL
 
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tjm75

Guest
I actually do know that she did this with knowing she double booked. The girl she booked with posted on a web site that she had booked with them for the same day. She posted this the day before I received the call from the DJ saying her husband had the stroke.

And this was a huge deal, we hadn't found anyone else we felt comfortable with. They only have equipment to do one show, and she has not yet broke the contract with either of us.
 
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tjm75

Guest
Contract was signed 6 months ago.

I signed the contract 6 months ago, and again see above post that she intended to double book and try to weasel her way out of my contract.
 
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badtenant

Guest
Re: Contract was signed 6 months ago.

tjm75 said:
I signed the contract 6 months ago, and again see above post that she intended to double book and try to weasel her way out of my contract.

I still stand by my answer......i did 2 jobs saturday, one was 12-5pm, the other from 7-12pm.... but they were both 10 minutes from home.

She probably got the other signed contract and deposit in the mail and its never happend to them before..

No kidding IT DOES HAPPEN.....Brides keep the contract for months then when they cant find a dj they like they ASSUME you are still available, and send in the contract and money...and demand you still have a contract with them.
 
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tjm75

Guest
bad tenant

I still stand by my answer......i did 2 jobs saturday, one was 12-5pm, the other from 7-12pm.... but they were both 10 minutes from home.

She probably got the other deposit in the mail and its never happend to them before..

My wedding is from 3pm-12pm. I have paid the deposit, and signed the contract for the 9 hours. The other wedding is from 6-12. I know this from a web board, and this is how I discovered she knowingly double booked our date. The other couple had never even spoke with them until I refered them to the DJ, and that was the night before she cancelled on me.
 
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badtenant

Guest
a 9 hour wedding......man I would charge a minimum of $1150 ($750 + 100 an hour over 5) for just me alone.

You must be pretty rich, cause here in NYC no one has more then a 5 hour reception.
 
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tjm75

Guest
Thank you!

Thank you all for your advice! And I am going to take your advice I AM ALWAYS LIABLE!
 
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hexeliebe

Guest
I never have a problem if someone like my esteemed old crudmudgeon IAAL corrects me. As I stated, someone would come along to correct me if I was wrong and I was.

So I'm not going of all huffy...

Besides, just got back from Olive Garden and the only thing that's huffy around here is my belly :)
 

I AM ALWAYS LIABLE

Senior Member
hexeliebe said:
I never have a problem if someone like my esteemed old crudmudgeon IAAL corrects me. As I stated, someone would come along to correct me if I was wrong and I was.

So I'm not going of all huffy...

Besides, just got back from Olive Garden and the only thing that's huffy around here is my belly :)


My response:

Goddamnit, Hexy!

If I've told you once, I've told you a thousand times - -

It's spelled "curmudgeon".

Now, get it together!

IAAL
 
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hexeliebe

Guest
awwww. ain't you sooooo sweet...


Yes dear. I'm fat and happy so I'm very easy tonight.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Next time you're in Los Angeles, we have GOT to hang out together. You're a chip off the old block. I really enjoy having you here on the forums!

IAAL
 

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