• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Service agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

ccjdap15

Member
What is the name of your state? Ohio

I own a face painting business and have question about fulfillment of payment from a company. After reading below would you say I have the right to collect? I was told I do have the right because contract or not, in Ohio there was a verbal contract whether it was with the head of the event or employee. Also, I was told contract or not she fulfilled her service, and could have been told to leave but they sat her down, which indirectly acted as an agreement to pay for her service.

Any information would be great!


the story

On October 15th you inquired about my services for face painting, I gave you pricing details and sent over my contract, which you signed on October 17th.

On October 17th, I was unable to sign your service agreement since I felt like it left my artist unprotected if something were to happen, which is something my contract protects. We came to an understanding if you would like me to proceed let me know. Here is where you reply, you cannot proceed, but I hope you reconsider.

On October 19th, I mistakenly sent my artist to your event, where she arrived ten minutes before the listed time on the contract. She told me over text that there was already another face painter and was shown to a table. I told her to hold on and I called Cincinnati Sports club, I was then forwarded to a gentlemen, which I do not know his name. I was told that by him that he spoke to Emily and she told him to tell my artist to stay and to send her an invoice that she will take care of the service agreement after. This is where she stayed for the full 2 hours and was not told to leave, but invited to stay and face paint since there were many people their to be face painted. On this same day at 8:39pm I sent the invoice which I was requested to do so.

On October 20th, I was sent an e-mail from Emily telling me that,

"I’m confused, We were not able to use you and went with Party Blitz, Who I have paid in full"

I tried explaining the situation, but she then replied with,

" That is not accurate , I was never talked to and did not authorize your face painter, We also would not have had your face, painter as you did not sign our service agreement , Who did you speak to here??"

I felt like I was indirectly being called a liar and that she could easily find out who I spoke to. Instead, I called 3 different managers who were all nice and finally told me it most likely would have been, Mike I talked too. I was told he would be in at 4:30 and he would call me, instead I had to call back after this time and was told he could not be found.

On October 23rd, Emily e-mails me with,

"I have no idea who you spoke with. You did not speak with me who was the MOD of the event and therefore the only person who could have made any such call. No one spoke with me about this whatsoever. You did not sign our service agreement and should not have been on the property. I made this very clear in our initial conversations. Without a signed service agreement you can not be paid regardless of who you talked to and I made that very clear before your artist showed up. "
 


quincy

Senior Member
It appears to me that Emily is correct. There was no "meeting of the minds"
necessary for the formation of a legally binding contract.
 

quincy

Senior Member
I agree. ccjdap15 admits to mistakenly sending his artist to the event. He is responsible for paying his artist for his mistake.
 

ccjdap15

Member
Sorry, i just talked to a lawyer on this subject. The company is in fault since they did not remove my artist from the event and asked her to leave, by law this enters into an agreement, since a service was done the payment must be paid.


The fact that someone on the phone allowed it, it court they would see it as, "Why would this artist stayed if she wasn't getting paid" "Why would they show her a table to work if they werent going to pay her".

It is the responsibility of the company to let her know her service is not needed and they will not pay, but on the phone they did say she was needed to stay and would be paid. Which is a verbal contract, which once again in Ohio is law, but may be hard to prove. The burden would be on the company since they once again invited her to stay and worked 2 hours without interruptions.

Sorry to waste all of your time. Thanks for the opinions. :)
 

Zigner

Senior Member, Non-Attorney
Sorry, i just talked to a lawyer on this subject. The company is in fault since they did not remove my artist from the event and asked her to leave, by law this enters into an agreement, since a service was done the payment must be paid.


The fact that someone on the phone allowed it, it court they would see it as, "Why would this artist stayed if she wasn't getting paid" "Why would they show her a table to work if they werent going to pay her".

It is the responsibility of the company to let her know her service is not needed and they will not pay, but on the phone they did say she was needed to stay and would be paid. Which is a verbal contract, which once again in Ohio is law, but may be hard to prove. The burden would be on the company since they once again invited her to stay and worked 2 hours without interruptions.

Sorry to waste all of your time. Thanks for the opinions. :)
Best of luck to you.
 

ccjdap15

Member
I forgot to add since it may not have been shown in the above message.

She said my contract, just because I did not sign her service agreement does not make my contract void. Once again, in Ohio the contract shall not be voided due to "not meeting minds".

That is like me saying, I selling a car and a person signed a contract to buy it, and then tells me I need to sign a service agreement. Since the contract has been signed I do not have to sign anything, it was their responsibility to "meet minds" before anyone signs anything..
Once again thank you
 

Zigner

Senior Member, Non-Attorney
Once again, in Ohio the contract shall not be voided due to "not meeting minds".
If any attorney told you that, then I would RUN (not walk) in the other direction. The fact that you seem to have misunderstood what the attorney told you makes me believe that you also misunderstood other key things you were told.
 

quincy

Senior Member
Sorry, i just talked to a lawyer on this subject. The company is in fault since they did not remove my artist from the event and asked her to leave, by law this enters into an agreement, since a service was done the payment must be paid.


The fact that someone on the phone allowed it, it court they would see it as, "Why would this artist stayed if she wasn't getting paid" "Why would they show her a table to work if they werent going to pay her".

It is the responsibility of the company to let her know her service is not needed and they will not pay, but on the phone they did say she was needed to stay and would be paid. Which is a verbal contract, which once again in Ohio is law, but may be hard to prove. The burden would be on the company since they once again invited her to stay and worked 2 hours without interruptions.

Sorry to waste all of your time. Thanks for the opinions. :)
I am afraid the attorney you spoke to does not understand the law - or you did not understand what the attorney told you.

What you have said is contrary to the law in all states.

But, yes, as Zigner says: Good luck.
 

LdiJ

Senior Member
I am afraid the attorney you spoke to does not understand the law - or you did not understand what the attorney told you.

What you have said is contrary to the law in all states.

But, yes, as Zigner says: Good luck.
She said that she had a signed contract with the event.

She stated that after the fact that they wanted her to sign a service agreement that contradicted the signed contract.

How is her original signed contract not binding?
 

quincy

Senior Member
I understand what you bolded, however, the OP had a signed contract and in my opinion, mistakenly caved in originally instead of enforcing the contract.
Sorry. I deleted my post because I apparently bolded everything instead of selected portions. :)

I am going to try again.
 

quincy

Senior Member
What is the name of your state? Ohio

I own a face painting business and have question about fulfillment of payment from a company. After reading below would you say I have the right to collect? I was told I do have the right because contract or not, in Ohio there was a verbal contract whether it was with the head of the event or employee. Also, I was told contract or not she fulfilled her service, and could have been told to leave but they sat her down, which indirectly acted as an agreement to pay for her service.

Any information would be great!


the story

On October 15th you inquired about my services for face painting, I gave you pricing details and sent over my contract, which you signed on October 17th.

On October 17th, I was unable to sign your service agreement since I felt like it left my artist unprotected if something were to happen, which is something my contract protects. We came to an understanding if you would like me to proceed let me know. Here is where you reply, you cannot proceed, but I hope you reconsider.

On October 19th, I mistakenly sent my artist to your event, where she arrived ten minutes before the listed time on the contract. She told me over text that there was already another face painter and was shown to a table. I told her to hold on and I called Cincinnati Sports club, I was then forwarded to a gentlemen, which I do not know his name. I was told that by him that he spoke to Emily and she told him to tell my artist to stay and to send her an invoice that she will take care of the service agreement after. This is where she stayed for the full 2 hours and was not told to leave, but invited to stay and face paint since there were many people their to be face painted. On this same day at 8:39pm I sent the invoice which I was requested to do so.

On October 20th, I was sent an e-mail from Emily telling me that,

"I’m confused, We were not able to use you and went with Party Blitz, Who I have paid in full"

I tried explaining the situation, but she then replied with,

" That is not accurate , I was never talked to and did not authorize your face painter, We also would not have had your face, painter as you did not sign our service agreement , Who did you speak to here??"

I felt like I was indirectly being called a liar and that she could easily find out who I spoke to. Instead, I called 3 different managers who were all nice and finally told me it most likely would have been, Mike I talked too. I was told he would be in at 4:30 and he would call me, instead I had to call back after this time and was told he could not be found.

On October 23rd, Emily e-mails me with,

"I have no idea who you spoke with. You did not speak with me who was the MOD of the event and therefore the only person who could have made any such call. No one spoke with me about this whatsoever. You did not sign our service agreement and should not have been on the property. I made this very clear in our initial conversations. Without a signed service agreement you can not be paid regardless of who you talked to and I made that very clear before your artist showed up. "
See what I have bolded (if I bolded correctly this time).

There was a final understanding on the same day that ccjdap15 said his contract was signed that, unless the service contract was signed, the event could not use ccjdap's face painter.

ccjdap15 shows he understood this by saying he "mistakenly" sent his face painter to the event.

ccjdap15 spoke to some unknown mysterious person who told ccjdap15 that the facepainter could stay.

But someone cannot just show up at an event (unwanted, not hired) and perform a service and expect to get paid.

Could the signed agreement be held valid and enforceable? Possibly. Both the service agreement and the contract would have to be read in their entirety and all facts reviewed.

The attorney ccjdap15 said told him that there does not have to be a meeting of the minds is definitely wrong (but I suspect the attorney didn't really say that).
 
Last edited:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top