A client did not sign but made a deposit against a contract. Is the contract enforcea

[tchick]

Pennsylvania


A client did not sign but made a deposit against a contract. Is the contract enforceable in PA?

A client booked an event through an agency for an entertainer to perform on an initial date and was sent a standard contract (details to follow below). Then the client re-booked the date and the new date was agreed upon by all parties) and another contract was resent reflecting the date change. The client then made a deposit and confirmed the date. Client later cancelled the 2nd event a few months prior. Prior to cancellation though the entertainer had to refuse prior offers for same date (one of which paid more). The entertainer spoke with the client and agreed to let the balance go only if he was re-booked by someone for the same date and the client agreed that was acceptable.The entertainer did not get re-booked and thus entertainer attempted to pursue the remaining balance only to be told by the client they would not pay. The contract states in one section "if the purchaser cancels or postpones a scheduled performance for any reason, the deposit is automatically forfeited and the purchaser agrees to pay 100% of the balance due as liquidated damage within 10 days of cancellation. Cancellation must be made by the purchaser in writing."

Is the contract enforceable with email proof the contract was delivered both times, a copy of the unsigned contract, a copy of the deposit confirmation from the agency and also emails from the client confirming they made the deposit.

What it comes down to is even if the client doesn't sign the contract but they made a deposit is it enforceable?

Thanks

 

[single317dad]

Pennsylvania


A client did not sign but made a deposit against a contract. Is the contract enforceable in PA?

A client booked an event through an agency for an entertainer to perform on an initial date and was sent a standard contract (details to follow below). Then the client re-booked the date and the new date was agreed upon by all parties) and another contract was resent reflecting the date change. The client then made a deposit and confirmed the date. Client later cancelled the 2nd event a few months prior. Prior to cancellation though the entertainer had to refuse prior offers for same date (one of which paid more). The entertainer spoke with the client and agreed to let the balance go only if he was re-booked by someone for the same date and the client agreed that was acceptable.The entertainer did not get re-booked and thus entertainer attempted to pursue the remaining balance only to be told by the client they would not pay. The contract states in one section "if the purchaser cancels or postpones a scheduled performance for any reason, the deposit is automatically forfeited and the purchaser agrees to pay 100% of the balance due as liquidated damage within 10 days of cancellation. Cancellation must be made by the purchaser in writing."

Is the contract enforceable with email proof the contract was delivered both times, a copy of the unsigned contract, a copy of the deposit confirmation from the agency and also emails from the client confirming they made the deposit.

What it comes down to is even if the client doesn't sign the contract but they made a deposit is it enforceable?

Thanks

A signed piece of paper isn't always required to enforce a contract, but it certainly helps to prove a party's intent to enter a contractual agreement. The entertainer should consider a lawsuit based on their ability to prove the elements of a contract without a signed document, as well as prove monetary damages. The extent to which the performer made an effort to mitigate their losses (get rebooked) may also weigh in. Forfeit of the deposit in case of cancellation is common; entire contract amount due on cancellation is much harder to enforce.