Hey folks. It's been a while. Got a question for y'all.

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rickryan.com

DJ Extraordinaire
ODJT Supporter
Dec 9, 2009
17,853
14,689
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Hendersonville, TN
www.RickRyan.com
Okay guys. Here's what I did. I offered to use the payment toward any non-Saturday event within the next 12 months - if not already booked. That's the best I can do and she said multiple times that she understands my position. I feel we are still on good terms. I just hate the whole situation. 2020 can kiss my ass. :)
Good for you on not caving in. Sounds like you handled it expertly. You're a stand up guy (well except for maybe your political views). All the best to you.
 
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BlueLineDJ

DJ Extraordinaire
Jan 25, 2015
1,012
1,232
I think the sad part here is that you had to contact them to find out the wedding was canceled... thats a shame that people would just ignore the vendors theyd hired. Maybe they were just resigned to the fact that they werent getting any money back as per your contract and figured any courtesy owed you and your company wasnt needed... if thats the case, maybe this planner is trying to be the hero and garner some cash back for them... who knows.

I can only say that if the bride and groom had reached out to me i would have probably caved a bit... but given their disregard for letting you know and i guess assuming you would simply show up to an empty venue... i think they made the choice to pay you in full...

cc
Good to hear from you again!
 

djrox

Sir Wyzazz
ODJT Supporter
Aug 12, 2006
7,673
4,876
New Orleans, Louisiana
I don't disagree .. other than what a contract "says" and what can be "enforced" are sometimes 2 different things.
"sometimes" in this case, is an insignificant anomaly. I'll defer to the precedent of US courts enforcing, almost universally, contract language agreed to between individuals with contractual capacity.
 

Scott Hanna

DJ Extraordinaire
ODJT Supporter
Oct 25, 2006
7,114
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Cleveland, OH
www.djincleveland.com
We have not given any refunds. We have moved a bunch of weddings to mostly next year. We’ve only had 2 people ask for a refund. We declined but offered to let them use the balance for a future date.
 

Proformance

DJ Extraordinaire
Nov 6, 2006
7,054
4,408
Okay guys. Here's what I did. I offered to use the payment toward any non-Saturday event within the next 12 months - if not already booked. That's the best I can do and she said multiple times that she understands my position. I feel we are still on good terms. I just hate the whole situation. 2020 can kiss my ass. :)
At least it's settled, and that was the goal.

To pick up on what Steve mentioned earlier - you're probably not legally entitled to keep the full balance because you were "paid in full" for a service that was never delivered. The fact that the client chose to cancel doesn't carry the same weight it would had Covid not been a factor.

The loss of the date was by "order of authority" [Government] and I'm willing to bet directions for that unique condition are not presently a part of your contract. The default resolution in many states is "nullification" meaning your contract terms are applied no later than the date nullification occurred.

We could argue the original date had already passed and enforce your contract literally - but you already pierced your contract when you agreed to extend the date to November. The client need only reference this as an admission that the full balance had not yet been earned.

Likely, you'd have to refund whatever amount remained prepaid using the deposit schedule and November as the new reference point. "Cancellation" by the client is unlikely to be weighed as a default under these circumstances since causation is rooted in a power that supersedes the agreement. In effect, the service being contracted became an activity that was illegal to perform - nullifying whatever future rights you had.
 
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MIXMASTERMACHOM

DJ Extraordinaire
Oct 16, 2011
10,915
1,433
62
Bob you are probably right as to why they cancelled. Yet without them telling him the reason for the cancellation then anything being said is speculation. That just made me think of this. Going forward considering the situation we're in, maybe a client should have an alternate plan for their event. If not maybe they can suggestions from the DJ as to an alternative situation so the event can still go on.