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Could somebody tell me what this severability section means?

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ecs787s

Junior Member
What is the name of your state (only U.S. law)? MO

SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable
for any reason, the remainder of this Agreement shall continue in full force and effect. If
any provision of this Agreement is deemed invalid or unenforceable by any court of
competent jurisdiction, and if limiting such provision would make the provision valid,
then such provision shall be deemed to be construed as so limited.


My fiance and I have are getting married in October and want to change venues. WE have already given $3100 to the original venue and want to get some money back. The owner says that the contract states that there are no refunds.

We don't see any other cancelation sections in the contract....

Here are the fees we have already paid:

Space rental deposit - $750
Space final Payment - $750
Bar Deposit (50% up front) - $1600
 


Zigner

Senior Member, Non-Attorney
If your contract said that you had to shoot someone in the foot, that would be deemed illegal. The remainder of the contract would remain in force. Alternatively, if there was a section of the contract that the law actually restricts (but does not bar outright), then that section would be interpreted as being in-line with what the law allows (as opposed to being removed entirely.)

If your contract says no refunds, then there are no refunds.
 

ecs787s

Junior Member
Thanks guys...

Yeah, there is nothing in the contract that I can see that says anything about how much money we'd lose if we cancelled it. This is the only area where it talks about fees:

3. Fees. Renter shall pay to Owner a total fee of $1500 (the “Rental Fee”) for the use of the
Space. A Deposit of $750 shall be required to reserve the space, with the balance of the Rental
Fee paid January 1st, 2012. Owner shall have no obligations under this Agreement until the
Deposit is paid in full. A Bar Deposit of $1600 is also due at the time the Rental Deposit is
paid. The total due with the contract to reserve the space is $2350


We don't expect to get the $750 deposit back for reserving the space but I think we should get at least get the bar deposit back, right???
 

Zigner

Senior Member, Non-Attorney
You are asking us to review your entire contract, piece by piece.

You should take your contract to a local attorney for review. Shouldn't cost more than a couple hundred bucks. Note that you won't get the money you spend on the attorney back (unless you win and the contract provides for the winning party to recover attorneys fees from the losing party.)
 
You are asking us to review your entire contract, piece by piece.
And the language seems rather straight forward ... it means what it says from what I can see...no "trickery" in verbiage. I certain the OP can read the contract he signed.
 

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