wedding venue contract - never paid initial deposit or received signed contract

[cjmonti]

What is the name of your state (only U.S. law)? Pennsylvania

Hi thank you for taking the time to read this.

I signed a wedding venue contract in march of 2016, but never paid any deposit money or received a signed copy by all parties (no venue signature). The wedding is 52 Days away. They haven't received any money from us and have threatened to cancel the event if they don't receive the deposit and half the cost of the wedding.

If I never paid any deposit or received a fully executed copy (venue never signed and sent contract back to me) do we have a contract and am I liable for total cost of the wedding if I cancel as it states in the contract?

My fiance and I were having difficulties and I wasn't sure I wanted to move forward and get married. I had signed the contract and was supposed to mail it in with the initial deposit check, but never sent it. My fiance scanned the signed contract and sent it in electronically without my knowledge or intention. I found out a few days later.

see contract terms below.

Thank you for your time.

Deposits and Prepayments

An initial deposit of $2,500.00 is required with the execution of this Agreement. This deposit is nonrefundable.

After executing this agreement and prior to 180 days prior to the date of the scheduled event, the Wedding Coordinator

and Client will complete an “Estimated Proposal” to determine an estimated total amount that the function will cost

based on per person charges, extras, and estimated amount of guests. 50% of your final Estimated Proposal will be due

no later than 180 days prior to the date of your scheduled function (the “First Installment&#8221. If this is not paid prior to 180

days of the function, the credit card(s) on file will be charged. The remaining 50% of your Estimated Proposal will be due

14 days prior to your scheduled function (the “Second Installment&#8221. If this amount is not paid by the 14th day prior to

the scheduled function, the credit card(s) on file may be charged. All charges incurred on the evening of the function,

which is above and beyond the Estimated Proposal, will be due at the conclusion of the function (the “Third

Installment&#8221. In case of over payment a check will be issued to you within ten (10) business days.

Cancellation

The initial deposit is non-refundable.

All Installment Payments made or due and owing are non-refundable in the event of a cancellation once they are paid,

unless an event is cancelled and the Estate is able to re-book the room at an equivalent revenue value as determined in

the total Estimated Proposal amount. If another event is not booked or another event is booked but does not meet the total

revenue amount as indicated in the Estimated Proposal amount, any Installment payments paid or due and owing, will not

be refunded or reimbursed. All cancellations must be in writing with receipt confirmed by the Estate. The date of

cancellation is the date notice is received by the Estate. Thus it is highly recommended that any cancellation be sent

via certified mail.

 

[Zigner]

To start: Yes, based on what you've shared, you have a valid and binding contract. It looks to me like you're going to be on the hook for something. How much will have to be determined by a review of all the relevant fact. Such a review is beyond the scope of this forum, so you should seek the guidance of an attorney.

 

[not2cleverRed]

Let me understand this...

You booked a wedding venue, put nothing down.

The wedding is in less than 2 months.

They are threatening to cancel because YOU have paid NADA.

Are you expecting to use them for the wedding? IF so, pay them. Even if.

Otherwise, if you're using someone else for the wedding or the wedding's been cancelled, be a decent human and let them know. That way they can stop wasting their time and can book another event for that date. If they can rebook that date with someone else, and not lose money, they won't pursue you for as much money.

By reserving the date, you have made it impossible for them to book that date and time with another party, so even without paying the initial deposit, you have caused them problems, and you could be on the hook for something. You did, after all, sign a contract - they've committed that date to you, and they've nothing to show for it.

 

[Mass_Shyster]

To start: Yes, based on what you've shared, you have a valid and binding contract. It looks to me like you're going to be on the hook for something. How much will have to be determined by a review of all the relevant fact. Such a review is beyond the scope of this forum, so you should seek the guidance of an attorney.

One could argue there has been no execution of the agreement since there has been no initial deposit of $2,500.00

An initial deposit of $2,500.00 is required with the execution of this Agreement.

 

[LdiJ]

Thank you for your response.

My fiance and I were having difficulties and I wasn't sure I wanted to move forward and get married. I had signed the contract and was supposed to mail it in with the initial deposit check, but never sent it. My fiance scanned the signed contract and sent it in electronically without my knowledge or intention. I found out a few days later.

We understood that the first time you said it. That does not change the advice that not2cleverRed gave you.

 

[not2cleverRed]

Thank you for your response.

My fiance and I were having difficulties and I wasn't sure I wanted to move forward and get married. I had signed the contract and was supposed to mail it in with the initial deposit check, but never sent it. My fiance scanned the signed contract and sent it in electronically without my knowledge or intention. I found out a few days later.

Are you moving forward now and getting married?

Or is the wedding off?

 

[cjmonti]

Are you moving forward now and getting married?

Or is the wedding off?

The wedding is off. we were trying to make a go of it and work through our issues, but weren't able to. it was a difficult situation which is why I haven't yet reached out to them to cancel. we were hoping to still go through with it.

 

[not2cleverRed]

The wedding is off. we were trying to make a go of it and work through our issues, but weren't able to. it was a difficult situation which is why I haven't yet reached out to them to cancel. we were hoping to still go through with it.

Cancel immediately. The sooner you inform them, the fewer problems you'll have.

Best case scenario: they rebook quickly. Bonus points if the party replacing you yields the venue a greater profit. Then venue might feel generous and understanding, especially given the lack of deposit. Just because they have a signed contract doesn't mean they have to enforce the terms - but whether they're inclined to depends on how long you've left them in limbo, they've saved the date for you, and you've not indicated to them that the wedding is off.

But it's possible that they won't be able to rebook. And that could really inspire them to try and enforce the contract.

I am frankly surprised that they did not cancel when you failed to make the initial deposit in a timely fashion. It would make more sense not to hold the date until there was a deposit in hand.