Contract questions

[Jonny Boy]

(1) Who is the contract with?

Recieved a deposit payment and T&C agreement form. The form was signed by the Brides father, who paid the deposit. I presume he'll pay the balance too.

All contact up until this point has been with the Brides or Groom, with whom I will also do further planning & consultation.

I therefore dropped a message to the couple asking for them to agree to the T&C also.
Was asking for their agreement IN ADDITION the correct thing to do? Or should I have just left it?

Whenever a third party/parent have paid me before, all paperwork has still been signed by the couple, hence my .... confusion. (Or all payment and planning done directly with parents - hence contract with parents.)

(2) Unsigned T&C

A groom has paid his whole fee up front, after asking for and getting a small discount for shortening the playing time. Wedding is 2-3 months away. However, a signed T&C form has not been returned with the payment, nor does the covering letter he sent confirm he agrees to them. I have emailed asking this be done electronically (which my solicitor friend says is sufficient for "small contracts" (ie under £1k) in some circumstances).

Have had no response to this so far.

Am due to make first planning phone call tonight. Would it be out of line to encourage agreement to the T&C again and would it look bad if I said without this the booking is not final and his whole payment might get refunded if his agreed not received before final booking form sent on <insert fair date>

Don't wish to create ill-will, but worst-case-scenarios are running through my head. I feel it's better to have the T&C signed off and contract wrapped up....

Any thoughts how I could handle this one?

[discomobiledj]

1) Who booked you? B & G or father of the bride? Who ever booked you is the one who needs to sign the contract.

2) Just let them know that you need the contract back as it covers both of you for any incident that could happen.

[Corabar Entertainment]

1. Who is named in your contract as the client/customer/booker/promoter (whatever you refer to them as in your contract T&Cs)?

Do you have a clause in your contract that the person signing the contract has the full authority of the client/customer/booker/promoter to enter into a contract on their behalf?

Legally, believe it or not, a contract does not have to be signed by the person entering into the contract. It can be signed by anyone - so long as they have the authority to do so on behalf of the person to be bound by it's terms.

In practical terms, it's always a good idea to get the person indicated as your client to sign, so that there can be no argument afterwards, or, failing that, at least an email or some such confirming that the person who signs has authority to do so on behalf of the client.

Let's assume for the minute that your contract indicates that the bride is your client: TBH, the bride would be hard pushed to argue that the father of the bride did not have the authority to sign on her behalf in these circumstances, but to cover yourself, why not just send an email acknowledging receipt and saying that you note that the contract is signed by her father and assume (unless you hear to the contrary) that he was signing with her full knowledge and permission.

The other alternative would be to insert the name of the bride's father as your client, but to make an alteration at this stage, you would need permission (ie you can't just change it unilaterally an call it a binding contract!)

2. Again, what do your T&Cs say? At what point is a legally binding contract formed? Ours state that in order to have a legally binding contract, we must have the deposit and signed contract.

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It's a bit difficult to give specific advice on documents without seeing the documents themselves, but I hope the general advice above is of some help

[Danno13]

I have the following in my T&Cs which I hope would cover this situation -

In the definitions -

The Client – The person(s) entering into the booking agreement or a third party acting on their behalf.

And one of my terms -

1.7 To confirm a booking a booking fee will be required. Payment of the booking fee will constitute a firm booking, and acceptance of our terms and conditions. The client is advised to return a signed copy of the booking agreement, which we shall sign and return as confirmation of your booking.

So basically if they pay the booking fee, they've accepted the contract - I imagine they'd find it very hard to argue that they don't accept the contract if they've made full payment.

[CRAZY K]

(1) Who is the contract with?

Recieved a deposit payment and T&C agreement form. The form was signed by the Brides father, who paid the deposit. I presume he'll pay the balance too.

All contact up until this point has been with the Brides or Groom, with whom I will also do further planning & consultation.

I therefore dropped a message to the couple asking for them to agree to the T&C also.
Was asking for their agreement IN ADDITION the correct thing to do? Or should I have just left it?

Whenever a third party/parent have paid me before, all paperwork has still been signed by the couple, hence my .... confusion. (Or all payment and planning done directly with parents - hence contract with parents.)

(2) Unsigned T&C

A groom has paid his whole fee up front, after asking for and getting a small discount for shortening the playing time. Wedding is 2-3 months away. However, a signed T&C form has not been returned with the payment, nor does the covering letter he sent confirm he agrees to them. I have emailed asking this be done electronically (which my solicitor friend says is sufficient for "small contracts" (ie under £1k) in some circumstances).

Have had no response to this so far.

Am due to make first planning phone call tonight. Would it be out of line to encourage agreement to the T&C again and would it look bad if I said without this the booking is not final and his whole payment might get refunded if his agreed not received before final booking form sent on <insert fair date>

Don't wish to create ill-will, but worst-case-scenarios are running through my head. I feel it's better to have the T&C signed off and contract wrapped up....

Any thoughts how I could handle this one?

Angelas post gives excellent guidance, I would never take on a booking unless theres either a signed Contract or an email saying they agree to Tand C or the Tand Cs apply unless we hear from them they do not agree---in which case we dont turn up

I wouldnt be too worried who signs it--long as its signed

Generally not had too many problems, you do leave yourself open to problems if you havent got Tand Cs, my wifes new Agency Tand Cs include Health and Safety issues and also gives the performer specific powers to stop performing in certain circumstances at their discretion.

If theres any resistance just use the old saying---its normal practice in the same way that you have Tand Cs if you hire any Professional Service in the UK---ask him to name one that doesnt if he scoffs at that--gotcha

Other than the oldest Profession of course

[Jonny Boy]

Thanks very much for the input here guys: some good point to think about for the NEXT re-draw of the T&C

I guess you can't cover every eventuality with creating a tome, having both these unusual cases come up at the same time was a bit anomalous. Normally it all runs quite smoothly.

As it happens, I got without-further-prompting emails back from both brides within half hour of each other this afternoon!

I'm such a worry bug!

[Get Me A DJ]

1. Who is named in your contract as the client/customer/booker/promoter (whatever you refer to them as in your contract T&Cs)?

Do you have a clause in your contract that the person signing the contract has the full authority of the client/customer/booker/promoter to enter into a contract on their behalf?

Legally, believe it or not, a contract does not have to be signed by the person entering into the contract. It can be signed by anyone - so long as they have the authority to do so on behalf of the person to be bound by it's terms.

In practical terms, it's always a good idea to get the person indicated as your client to sign, so that there can be no argument afterwards, or, failing that, at least an email or some such confirming that the person who signs has authority to do so on behalf of the client.

Let's assume for the minute that your contract indicates that the bride is your client: TBH, the bride would be hard pushed to argue that the father of the bride did not have the authority to sign on her behalf in these circumstances, but to cover yourself, why not just send an email acknowledging receipt and saying that you note that the contract is signed by her father and assume (unless you hear to the contrary) that he was signing with her full knowledge and permission.

The other alternative would be to insert the name of the bride's father as your client, but to make an alteration at this stage, you would need permission (ie you can't just change it unilaterally an call it a binding contract!)

2. Again, what do your T&Cs say? At what point is a legally binding contract formed? Ours state that in order to have a legally binding contract, we must have the deposit and signed contract.

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It's a bit difficult to give specific advice on documents without seeing the documents themselves, but I hope the general advice above is of some help

I think Angela should be the legal rep for the board and draft up a standardised legal contract that we could all use

[womble]

So basically if they pay the booking fee, they've accepted the contract - I imagine they'd find it very hard to argue that they don't accept the contract if they've made full payment.

Really? I'd imagine it would be very difficult for you to prove that the customer had even seen, let alone agreed to, your Ts and Cs on the basis that you had banked a cheque from them.

I would settle for nothing less than a signature at the bottom of the Ts & Cs themselves.

[CRAZY K]

Really? I'd imagine it would be very difficult for you to prove that the customer had even seen, let alone agreed to, your Ts and Cs on the basis that you had banked a cheque from them.

I would settle for nothing less than a signature at the bottom of the Ts & Cs themselves.

Agree 100 per cent.

If it was me I would send back the NON REFUNDABLE BOOKING FEE with a note that until T and Cs are signed and returned with a new NRBF the arrangement/ Contract is cancelled by YOU.

What on earth is wrong with people--we will accept an email stating they accept the Tand C --if that doesnt happen---offski!!!!!!