Is this legal?

posted 3 years ago in Legal
Post # 3
Member
11668 posts
Sugar Beekeeper
  • Wedding: November 1999

@LeonardLady:  it depends on a lot of factors. If you’re that concerned and would pursue legal action you should work with a lawyer to draw up legally binding contracts.

Post # 4
Member
3249 posts
Sugar bee
  • Wedding: August 2013

I am not a lawyer.  This is not a legal opinion, nor legal advice.  This is based on my personal experience with agreements/contracts.

In most jurisdictions, that is a binding agreement.  However, if you write it yourself, the wording may not be fully correct, and so, under the law, it may not actually mean what you think it means.  Also, without witnesses, a person can claim they never signed it.

However, if everyone is acting in good faith, I would not foresee a problem.   Correct me if I’m wrong, but I think your intention is more to make sure that everyone fully understands (on both sides) what has been agreed.  If you are doing this to avod miscommunication, and misunderstandings, I think it is a good exercise, and a sufficient measure.

Post # 7
Member
11668 posts
Sugar Beekeeper
  • Wedding: November 1999

@LeonardLady:  Oh gotcha! haha.  I took contracts law so long ago (and am not a lawyer!). I know that it’s definitely possible it could be seen as a legal, binding contract (as could some verbal agreements) but there are a lot of nuances when it comes to the law and would also vary by state. 

Post # 8
Member
6032 posts
Bee Keeper
  • Wedding: October 2014

For the question of “what if I’m supposed to pay them after the wedding but they don’t show up, can I take them to court”:   You need to spell out any penalties clearly and make sure they’re reasonable. There’s such a thing as an unenforcable contract. For example, if the person providing the shuttle doesn’t show and you’ve not paid them, you would never be able to enforce a contract that says they owe you $100,000 in damages/penalties. The damages exceed what would be reasonable for this failure. A more reasonable clause would be “if the shuttle bus doesn’t show up, then Bride will call taxis for all guests, pay the costs, and present reciepts to Friendor who will reimburse the cost of taxis plus 10% adminitrative/paperwork.”

You basically can’t sue someone to return money you haven’t given them, and when you’re faced with a situation that goes south you also have to apply some self help. So it wouldn’t b reasonable to cancel the wedding because the shuttle didn’t show up then sue the friendor for the costs of the wedding, but it would be reasonable to make alternate transportation arrangements and expect the friendor to reimburse you.

It may be worth spending a little money with a contract-writing service like legalzoom.com to make sure your contracts are properly worded and legally enforcable. legalzoom.com has loads of templates where you basically just fill in your details, so you don’t have to worry about getting the wording just right.

I would also recommend paying the friendor with credit card whenever possible. If they do not deliver their services/goods after you’ve paid or placed a deposit, getting your money back by way of a credit card dispute is a lot easier than going to court.

 

 

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