Think I am getting swindled. Question for a lawyer.?
Question by sush: Think I am getting swindled. Question for a lawyer.?
I recently signed a contract with a violinist for my wedding. However I wasn’t completely confident with her abilities. I was desparate for one, so I signed up with her. However 4 weeks before the wedding, I decided that I would be better of with a CD player than be stressed out about her performance on my wedding day. So we called and cancelled. Now, she won’t refund my 100$ deposit stating that the contract says so. I don’t see the cancellation policy or anything related outlined in the contract.
Please, can someone review the contract below and tell me if I am infact legally obliged to pay her the deposit even though I am not using her services?
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This contract is entered into between X , hereinafter collectively referred to as “Purchaser” and Y her capacity as manager of Z String Ensemble, hereinafter collectively referred to as “Musicians”. All parties hereto agree, warrant, and represent that they are duly authorized to enter into this contract and agree to bind themselves to the terms and conditions contained herein.
The monetary consideration for this contract shall be the sum of $ 250.00, payable by purchaser. The first installment shall be a payment of $ 100.00 due at signing on August 30, 2009. The second installment shall be the remaining balance of $ 150.00 due on or before Saturday, October 17th ,2009.
Musicians agree to perform at a Wedding Ceremony for the Purchaser at the Winery. Musician will arrive by 4:00 p.m., and shall be ready to perform no later than 4:30 p.m. Musicians agree to perform the cocktail hour as well. Musicians shall be allowed to take reasonable breaks.
Musicians will dress in customary concert attire. Musicians will perform at the ceremony described to the best of their ability and will conduct themselves in such a manner as to not interfere with the success of the event or reflect discredit upon themselves or Purchaser. Musicians will submit to reasonable control, instructions or suggestions by Purchaser consistent with their ability to perform in Musicians’ customary style and repertoire.
Purchaser will provide reasonable space, utilities, access to bathrooms, and general room lighting. Purchasers will provide reasonable protection to Musicians and their property and will be responsible for any damages to Musicians’ property resulting from acts of Purchaser or Purchasers’ guests, invitees, employees, agents, customers or participants in the event. Musicians shall take reasonable caution and care to ensure their safety and security and that of their property.
Purchaser (or their assigns, agents or employees) may photograph, videotape or record audio of Musicians’ performance only for Purchasers’ personal archives/memories, and not for resale. Musicians may mention their participation in this ceremony and/or reception in their portfolios or other advertisements.
Should either party default, breach, or fail to perform any or all of the obligations contained herein, it is agreed by both parties that the sole damages shall be limited to the amount of the full monetary consideration of this contract. The non-defaulting party, at their sole discretion, shall have the option of waiving the default, breach, or failure to perform.
If the Purchaser is defaulting party, the Purchaser agrees to immediately pay any balance due on the contract to the Musicians. If the Musicians are the defaulting party, the Musicians agree to immediately refund monies paid by Purchaser.
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Thanks so much for your help. During weddings, every cent has to be spent wisely. I am not trying to swindle the violinist either, but I don’t want to loose a 100 bucks for a service I did not receive!
Best answer:
Answer by Dave87gn
You booked her, then cancelled. She has a right to keep the money since she saved the date and didnt book anything other performance.
Its hers. move on, lesson learned
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