Wedding venue contract

[vook]

California

My fiancee and I are planning a wedding and are in the process of booking a venue.

One of the clauses in the contract is particularly disturbing :

Licensee understands and agrees that Licensee's rights under this License Agreement may be terminated at any time by the [Facility]. In the event that the [Facility] terminates this Agreement for any reason other than Licensee’s default hereunder, the[Facility] agrees to provide Licensee with notice at least 24 hours prior to the commencement of the License Period and the [Facility] agrees to undertake reasonable efforts to find alternate space for the Licensee’s planned use during the License Period.

Essentially this clause appears to relinquish the venue from all contractual obligations until 24 hours prior. For a wedding, of course, the suggestion that the venue can cancel the event at any time for any reason prior to 24 hours before the event is cause for concern. I am pushing to have the venue reword this clause to specify that cancellation within 60 days of the event will only occur if there is a temporary or permanent impossibility or due to an "act of God", but so far they are unwilling to do so. I have received verbal confirmation that they would only cancel an event in a situation that creates an impossibility (or material breach on my part), but they won't put that in writing. I believe them in the end - I don't think they are scrupulously ill intentioned, but surrendering all of my rights and basically writing them a blank check doesn't sit well with me.

I seek advice. Do their verbal assurances create an implied in fact contract or is that sellers talk?

Thanks

 

[quincy]

California

My fiancee and I are planning a wedding and are in the process of booking a venue.

One of the clauses in the contract is particularly disturbing :

Licensee understands and agrees that Licensee's rights under this License Agreement may be terminated at any time by the [Facility]. In the event that the [Facility] terminates this Agreement for any reason other than Licensee’s default hereunder, the[Facility] agrees to provide Licensee with notice at least 24 hours prior to the commencement of the License Period and the [Facility] agrees to undertake reasonable efforts to find alternate space for the Licensee’s planned use during the License Period.

Essentially this clause appears to relinquish the venue from all contractual obligations until 24 hours prior. For a wedding, of course, the suggestion that the venue can cancel the event at any time for any reason prior to 24 hours before the event is cause for concern. I am pushing to have the venue reword this clause to specify that cancellation within 60 days of the event will only occur if there is a temporary or permanent impossibility or due to an "act of God", but so far they are unwilling to do so. I have received verbal confirmation that they would only cancel an event in a situation that creates an impossibility (or material breach on my part), but they won't put that in writing. I believe them in the end - I don't think they are scrupulously ill intentioned, but surrendering all of my rights and basically writing them a blank check doesn't sit well with me.

I seek advice. Do their verbal assurances create an implied in fact contract or is that sellers talk?

Thanks

What does the contract say is the "license period?" Is it for the date and time of the wedding (I assume)?

I would be reluctant to sign a contract with that clause in it as worded. It would be an expensive risk for you to agree in writing to terms that allow for the venue to terminate the contract, for any reason, up to 24 hours before the event.

I suggest you have an attorney in your area review the contract in its entirety. The attorney can rewrite that clause, and the venue can review the amended terms. If acceptable to all, you can sign. Or I suggest you find another venue.

Good luck.