Wedding DJ Agreement

[standupgal]

I signed an agreement with a DJ to play at my wedding. It's a long story but I hired him based on how he represented himself to me a few months before the wedding. I contacted him 2 months before the wedding to go over a list of 5 song requests. He said it wasn't necessary and that he would call me the monday before the wedding to finalize. I also expressed concerns about the verbiage of the agreement where it stated that he isn't obligated to play certain music. He assured me that he would get anything I wanted and that clause was for his protection so people couldn't sue him if he forgot something.

The Tuesday before my wedding he called and told me that he didn't have any of my special requests and that I would have to go out and buy the music myself. For this and other reasons I told him I would not need his services for the wedding. The agreement states that If I cancel less than 3 weeks prior to event, I owe him not only the deposit but the entire balance. I refused to pay him for work he didn't do and now he is suing me. This "contract" has what I consider a "free way out" clause for him. Meaning it allows him to receive something for nothing. Am I interpreting the "free way out" correctly? Does this clause make the contract invalid? Is there anything I can do as a consumer here?

The state is Missouri

Thanks,
S

[This message has been edited by standupgal (edited August 15, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by standupgal:
I signed an agreement with a DJ to play at my wedding. It's a long story but I hired him based on how he represented himself to me a few months before the wedding. I contacted him 2 months before the wedding to go over a list of 5 song requests. He said it wasn't necessary and that he would call me the monday before the wedding to finalize. I also expressed concerns about the verbiage of the agreement where it stated that he isn't obligated to play certain music. He assured me that he would get anything I wanted and that clause was for his protection so people couldn't sue him if he forgot something.

The Tuesday before my wedding he called and told me that he didn't have any of my special requests and that I would have to go out and buy the music myself. For this and other reasons I told him I would not need his services for the wedding. The agreement states that If I cancel less than 3 weeks prior to event, I owe him not only the deposit but the entire balance. I refused to pay him for work he didn't do and now he is suing me. This "contract" has what I consider a "free way out" clause for him. Meaning it allows him to receive something for nothing. Am I interpreting the "free way out" correctly? Does this clause make the contract invalid? Is there anything I can do as a consumer here?

The state is Missouri

Thanks,
S

[This message has been edited by standupgal (edited August 15, 2000).]<HR></BLOCKQUOTE>

According to the clause in the contract, you owe the money. You have a claim though based on the representation that "your" music would be played. The free way out clause is perfectly legal and does not void the contract. Refuse to pay and send him a certified letter stating your position. If the DJ pursues, let the DJ take you to small claims court where you can tell your side of the story.

 

[standupgal]

I wasn't clear. He IS taking me to small claims court. I just wanted to know if I have a leg to stand on because I don't want the judge to slam me and watch this guy gloat over it. I'm confused that you say that the "free way out" clause is legal when this very web site says that it voids a contract. You think I have a case even though he has that verbiage in the contract about not being required to play anything I request? I'm going for misrepresentation here. He totally lied to me about everything he would do. There is so much going on here. Aren't there any laws to protect the consumer? I should have known not to deal with someone who puts in their contract that they aren't responsible for doing their job!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by standupgal:
I wasn't clear. He IS taking me to small claims court. I just wanted to know if I have a leg to stand on because I don't want the judge to slam me and watch this guy gloat over it. I'm confused that you say that the "free way out" clause is legal when this very web site says that it voids a contract. You think I have a case even though he has that verbiage in the contract about not being required to play anything I request? I'm going for misrepresentation here. He totally lied to me about everything he would do. There is so much going on here. Aren't there any laws to protect the consumer? I should have known not to deal with someone who puts in their contract that they aren't responsible for doing their job!<HR></BLOCKQUOTE>

Calm down.

 

[peter]

I am a mobile wedding DJ in NYCity and to me this is appaling that he would do such a thing.

I have a network of 20 or more friends I can call and ask them to borrow a copy of just about any song made, i could tape it or make a cd, no problem even if its in a foreign language., so he has no excuse in my book.

I have over 1500 cd's and maybe 2000 records, then there is the internet and MP3, let alone 5 DJ bullitin boards that are visited by hunderds of DJ's everyday.. so what are these songs he couldnt find?


Our job is to make your day "special", and for you not to worry about a thing and to have a fun time with your new hubby.

Another thing how much was the contract for? I charge a minimum of $550 more if its a big wedding more speakers and amps or nightime which means a light show..

Were you price shopping for a DJ? I will never understand that, a DJ is so valuable in the overall scheme of the event, that people want to nickle and dime us, hell most people spend more or flowers or even the fruit cup at a 150+ size wedding then the DJ.....

so who will remember the fruit cup?