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. "
