Wedding Industry Law: Recent Episodes
Wedding Lawyer Rob
News, information, and commentary on the law affecting wedding industry professionals. Hosted by wedding lawyer Rob.
🤷🏻♀️ When deadly tragedy strikes a wedding event, who, if anyone, can be held responsible? In this week’s video, we talk about the absolutely unfortunate death of a wedding guest who was shot by police at a Florida wedding reception earlier this year.
🤷🏻♀️ Can you be sued for giving a bad manicure? What if it’s really, really ugly? In this week’s episode, we play the game of “what if” and talk about what would happen in a lawsuit over a bad mani.
Watch the full video on YouTube:
https://youtu.be/_-iSMvALm7s
🤷🏻♀️ Once the client has signed your contract (that has a set price), are you allowed to ask for more money if your costs have skyrocketed? In this week’s video, we talk about how to shield your business from the volatility of today’s world and pricing with your contract.
Watch the full video on YouTube:
https://youtu.be/XGDxUAbfY_w
🤷🏻♀️ - Have you ever wanted to fire an A-Hole client? Is that legal? In this week’s video, we discuss the risks and legalities involved with terminating contracts with problem clients.
Watch the full video on YouTube:
https://youtu.be/woaXe_lTo5E
🤷🏻♀️ Have you ever had a client refuse to book you based only on the content of your contract? If so, it may mean that your contract is unnecessarily scary! In this week’s video, we talk about making your contract less Cassie and more Rue…
Watch the full video on YouTube:
https://youtu.be/N9IdKdECgdU
🤷🏻♀️ Why does every contract seem to be in the same order? Why do some terms come at the beginning and some at the end? Does the order of contract terms matter to enforceability or a judge’s interpretation? In some instances, maybe! In this week’s video, we talk about contract clause order and best practices with your contract.
Watch the full video on YouTube:
https://youtu.be/Ju3hVlkTfPM
🤷🏻♀️ Do you have a stable of go-to contractors to step in for you (DJ, Musicians, Day-of Coordinators, Photographers, etc.) at events? Ever have a contractor flake out on you or just not want to work with you anymore? In this week’s video, we talk more about contract terms to hammer out what happens if you or your contractor wants to terminate the relationship.
Watch the full video on YouTube:
https://youtu.be/mhCgQ26BArk
🤷🏻♀️ A limited liability company is fairly easy to maintain (compared to other business formations). But, that doesn’t mean you can just “set it and forget it.” In this week’s video, we talk about five things your LLC needs!
Watch the full video on YouTube:
https://youtu.be/iU_W1MFvVXk
🤷🏻♀️ Many growing wedding businesses hire independent contractors to TCB. Best practice is to have a written contract with the contractor in place. But what should you put in it? In this week’s video, we talk about 4 essential terms for your independent contractor agreement.
Watch the full video on YouTube:
https://youtu.be/3oH_G4-XZGw
🤷🏻♀️ NYC couple sues planner and venue because noise ordinance prevents reception from getting loud, forcing the party into another, smaller room. Does the case have merit? Is it worth the FIVE MILLION DOLLARS the couple is demanding? In this week’s video, I ramble on about breach of contract, fraud claims, and defenses. I promise it’s not too boring.
Watch the full video on YouTube:
https://youtu.be/QHjwucATC-A
🤷🏻♀️ A registered agent is a person or company designated to accept “service” on behalf of your company. What is service? Sometimes official correspondence, but most of the time its legal documents like lawsuits. In this week’s video, we talk about whether your wedding business needs a registered agent.
Watch the full video on YouTube:
https://youtu.be/p94ZcUAAS6E
🤷🏻♀️ Like Blockchain, NFTs, and Cryptocurrency, e-signatures were once considered futuristic and risky. Now they are quite commonplace. In this week’s video, we talk about the enforceability of e-signatures and how they may be used in court to prove your client actually signed your contract.
Watch the full video on YouTube:
https://youtu.be/35Tpl_5M6Xs
🤷🏻♀️ “You gotta know when to hold em’, know when to fold em’, know when to walk away, know when to run…” In this week’s video, we talk about the factors to consider before suing a client.
Watch the full video on YouTube:
https://youtu.be/OKD5-zJX1OE
🤷🏻♀️ Can you charge a potential client more than another potential client for the SAME DATE (all other things being equal?). Is that discrimination under the law? In this week’s episode, we discuss this concept. Check it out!
Watch the full video on YouTube:
https://youtu.be/Qc1Y9Dc0Axk
🤷🏻♀️ Have you ever had a client dispute a credit card charge? If so, you know it can be a pain in the booty. But is there anything we can do to come out on top when this happens? Is there a way to prevent this from happening (outside of not accepting credit cards). In this week’s video, we talk to Brian Manning over at BancardSales about successfully fighting credit card chargebacks.
Watch the full video on YouTube:
https://youtu.be/-koJk27NnW0
Brian Manning→ https://www.bancardsales.com/about/brian-manning/
Brian’s Youtube Channel: https://www.youtube.com/user/bancardsales
Fight Chargebacks: https://www.bancardsales.com/resources/free-reports/
🤷🏻♀️ The year is coming to a close and you’re sipping your boiled custard (or eggnog if you’re not southern) with a smile. But, have you dotted all our I’s and crossed all your T’s for 2021 as it pertains to your business operations? In this week’s video, we talk about 3 tasks that will help close out your 2021 and jump-start your 2022. Some required by law, some just good ideas. Check it out!
Watch the full video on YouTube:
https://youtu.be/Lm0LVbTQA7E
🤷🏻♀️ Do you use a merchant service provider for credit card payments like Square, Paypal, Honeybook, etc? If so, you’ve probably wondered why there is a surcharge for your transactions (should things be FREE?!)? In this week’s video, we talk to Brian Manning over at BancardSales about credit card surcharges, what they’re for, why we pay them, and whether this cost can be passed on to our clients.
Watch the full video on YouTube:
https://youtu.be/hSNlWDxudjc
Brian Manning→ https://www.bancardsales.com/about/brian-manning/
Brian’s Youtube Channel: https://www.youtube.com/user/bancardsales
🤷🏻♀️ What is “cancellation insurance” and what does it cover? But more importantly, can your contract actually require that the couple buy it? In this week’s video, we go in depth on this and more!
Watch the full video on YouTube:
https://youtu.be/4IGo6lJVJps
🤷🏻♀️ Can your contract require that the couple acquire general liability insurance for the event? In this week’s video, we talk about insurance, what it covers, and whether the couple can be obligated to name you as an insured.
Watch the full video on YouTube:
https://youtu.be/jJZY7pNwCt8
🤷🏻♀️ The contract is not simply a piece of paper. It’s a sword for attack and a shield for defense of your business. In this week’s video, we talk about four primary ways that your contract helps you with that you may not even realize.
Watch the full video on YouTube:
https://youtu.be/vY8tNbrhNcs
🤷🏻♀️ What happens when the couple wants to change the date of the wedding after the contract has been signed? What are your obligations as the wedding professional to provide services on the new date? In this week’s video, we talk about how and when changes to the date can occur.
Watch the full video on YouTube:
https://youtu.be/WjjjItjqFb
🤷🏻♀️ DBA means “doing business as” Its a name that is registered but is not the legal business name of the entity. It’s sometimes referred to as a trade name or fictitious name. In this week’s video, we talk about when a DBA can or should be used, and what it means in relation to an existing business or LLC.
Watch the full video on YouTube:
https://youtu.be/JzcBCKfVb80
🤷🏻♀️ If you are the owner of a single-member LLC, do you still need an operating agreement? If you’re the boss, why would you need a document that says just that? The answer may surprise you. In this week’s video, we talk about the advantages of having a strong, detailed operating agreement for your single-member LLC.
Watch the full video on YouTube:
https://youtu.be/8E7dljt7txY
🤷🏻♀️ Have you ever wanted to record a phone call with a client because you didn’t trust em’? Or maybe you wanted to record a phone call as a record of what was agreed to? Well, you better believe there are laws about that. In this week’s video, we talk about the legalities of recording phone calls with your clients.
Watch the full video on YouTube:
https://youtu.be/zXZe9hQyDSo
🤷🏻♀️ When you send your contract or proposal to the couple for signature, is it crickets? If so, what are your obligations in the meantime? Are you allowed to accept and book another gig for that date if the couple does not get back to you? In this week’s video, we discuss all about the concept of offer and acceptance, and when a contract is legally formed.
Watch the full video on YouTube:
🤷🏻♀️ According to Reddit, a hungry wedding photographer bailed on a wedding because he was denied the chance to eat by the groom. Not only that, the photographer deleted the photos in front of the couple before bouncing. In this week’s video, we do a hot take on the legal issues involved in this ice cold photographer’s behavior.
Watch the full video on YouTube:
https://youtu.be/Ob7XmhHWb2c
🤷🏻♀️ Sometimes you mess up. Sometimes when you mess up, the client doesn’t let you make it right. So when you find yourself as the defendant in a lawsuit, how much will you be on the hook for? While the legal answer is always “it depends,” in this week’s video you’ll learn principles to better understand your liability when it comes to lawsuits with clients.
Watch the full video on YouTube:
https://youtu.be/xowEI42esLQ
🤷🏻♀️ Don’t settle for just any lawyer. If you are in the United States, you have 1.2 million lawyers to choose from. In this week’s video, we talk about how to whittle that number down and select the attorney that is right for you and your wedding business.
Watch the full video on YouTube:
https://youtu.be/pG4XMrHvvIw
🤷🏻♀️ So you have found yourself in small claims court because of some terrible clients. While there are no guarantees in life, in this week’s video, we talk about 4 tips to improving your odds of a successful outcome. Check it out!
Watch the full video on YouTube:
https://youtu.be/sd3Grbjn-lo
🤷🏻♀️ The typical small claims court is meant to be a resource to the individual or business for issues that may not warrant the expense of a
lawyer. In this week’s video, what to expect if you find yourself walking the halls of your local small claims court!
Watch the full video on YouTube:
https://youtu.be/pUcrkRbbFFU
🤷🏻♀️ Have you ever wondered why some contracts require initials? Does your current client contract have a spot on each page that the couple initials? Is that necessary or is it overkill? In this week’s episode we talk about the purpose behind contract signatures and intialing.
Watch the full video on YouTube:
https://youtu.be/R-fjuz4Q-KQ
🤷🏻♀️ Your online reputation is critical to generating leads. So what happens when a disgruntled client or even a competitor leaves a bad or fake review? Can you sue Google (or Yelp or Wedding Wire for that matter) for publishing that garbage? In this week’s video, we talk about who is responsible for defamatory content published to the internet.
Watch the full video on YouTube:
https://youtu.be/P7XuhOGttxU
🤷🏻♀️ We might not be out of the woods yet. In this week’s video, we talk about whether you should continue to include a “Covid Clause” in your contract.
Watch the full video on YouTube:
https://youtu.be/u4c4pcGS-88
🤷🏻♀️ Your momma always said there was the right way, the wrong way, and her way to do things. Unfortunately, a judge or jury may not really care about the way your mom amends contracts. That’s why in this week’s video, we talk about amending contracts in the right way under the law!
Watch the full video on YouTube:
https://youtu.be/BFfegm-p2cc
🤷🏻♀️ We don’t want our contracts to be unwieldy messes. But, we also want to make sure the clients (and any future Judge) understands the parties’ obligations. Does this mean your proposal language (specific to the event), service description (your biz policies), and contract boilerplate go into one document? If not, what gets signed? In this week’s video, we talk about best practices for making sure that everyone is on the same sheet of music.
Watch the full video on YouTube: https://youtu.be/jT8hQubpdQ0
🤷🏻♀️ Lawsuit prevention often starts with your own behavior. In fact, your conduct when things go south can be the difference between whether your liabilities are OK or potentially catastrophic. But why? Damages under breach of contract are typically on the lower end of the spectrum. Damages from torts (think infliction of distress and fraud) can lead to huge verdicts. In this week’s video, find out how to stop nip these lawsuits in the bud.
Watch the full video on YouTube: https://youtu.be/XYNZ_SXEvVE
🤷🏻♀️ Lawsuit prevention often starts with your own behavior. In fact, your conduct when things go south can be the difference between whether your liabilities are OK or potentially catastrophic. But why? Damages under breach of contract are typically on the lower end of the spectrum. Damages from torts (think infliction of distress and fraud) can lead to huge verdicts. In this week’s video, find out how to stop nip these lawsuits in the bud.
Watch the full video on YouTube: https://youtu.be/XYNZ_SXEvVE
🤷🏻♀️ Do you regularly conduct business or book events in states other than the state your LLC is registered in? If so, you may need to consider registering your business as a foreign entity in that state. Why? Because Big Brother might come and get you. In this week’s video, we talk about what it means to do business in another state, when registration in another state is a good idea, and what happens when you don’t.
🤷🏻♀️ Do you share ownership of your LLC with others? Weddings can bring out the worst in your clients, and wedding businesses can bring out the worst in their owners. So, it’s important for you to think about what protections you have in place for when you and your fellow business owners do not agree or do not get along. In this week’s video, terms for your operating agreement that address fights among LLC member owners!
🤷🏻♀️ As wedding professionals, we have a duty to take reasonable steps to ensure a safe, covid-free event. But is it reasonable to make your employes or contractors get vaccinated? What does the law say about that? In this week’s video, we welcome employment lawyer Manori de Silva to talk about whether requiring vaccinations is OK under the law.
Manori de Silva: https://www.taylorenglish.com/people-Manori-de-Silva.html
🤷🏻♀️ Don’t like confrontation? You don’t always have to fight your legal battles in court. In fact, you can require your disputes be mediated. That means making a good faith effort to resolve your differences using a trained mediator. In this week’s video, find out if this may be right for you!
🤷🏻♀️ As a designer (wedding, stationary, invitation, venue, etc), you put soooo much work into the development of the wedding tone and theme. But what happens when you are putting the finishing touches to the design and the client wants you to start from scratch? Can you charge that that? In this week’s video, we talk about contract clauses so you can get paid when clients go from Star Trek to Star Wars…..
🤷🏻♀️ You’ve signed up the client and have been providing your professional services. The client calls you up and wants a change. That’s OK with you and you say so. But is that conversation binding in a court of law? We talk all about that in this week’s video!
🤷🏻♀️ Canva is great for generating social media posts! But, if you are using Canva for any long-term brand creation, you may want to think again. What you create in Canva often does not belong to you! In this week’s video, we talk about trademarks, intellectual property, and Canva’s terms of service with attorney Antonella Colella!
Check out Antonella -->
Facebook: www.facebook.com/colellalegalstudio
Linkedin: https://www.linkedin.com/in/antonellacolella/
🤷🏻♀️ In the age of Covid, anything is possible. For real. Recently, a wedding professional told me that she had discovered her contract for sell online. That’s right, the couple, rather than fess up that they wanted to back out, decided to put all the vendors that they had hired up for sell on a social media marketplace. Here’s the kicker→ FOR A PROFIT. But, is this legal? Can our clients simply have some other couple step into their place? In this week’s episode, we talk all about about the transferability of a client contract.
🤷🏻♀️ Often, I see wedding professionals with a contract term in which the couple agrees to let that professional use the primary photographer’s images. In today’s video, we find out about how this is a risk for the wedding professional.
🤷🏻♀️ The main reason to form an LLC is to keep the liabilities of your company from becoming your personal liabilities. In other words, instead of a loss or judgement coming from your personal bank account (or stuff-->car, home, etc), the loss stops at the assets of the LLC. However, there are minimum requirements for the benefits of the LLC to work. Some behaviors though, can really sink you. In this video, we talk about risky activities of single-member LLC owners.
🤷🏻♀️ The laws and regulations surrounding Covid-19 are more fluid than Frosty the Snowman’s July vacation to Splash World. In this week’s video, recorded live on Clubhouse, we talk about keeping wedding guests’ protected health information safe, avoiding lawsuits based on invasion of privacy, and how Florida is an outlier.
🤷🏻♀️ As a wedding business owner, there is no shortage of client contract templates for purchase and download. But is a template appropriate for your business? Based on your operations and your needs, is even the best template going to provide you with the necessary amount of protection? In this week's video we talk about 4 considerations to make before buying a contract template.
🤷🏻♀️ As Obi-Wan once said, “there are alternatives to fighting.” Negotiating with an angry client, whenever possible, can be the difference between a few bucks or a couple sleepless nights and your reputation being permanently tarnished. In this week’s video, we talk about some key factors when negotiating disputes with clients.
🤷🏻♀️ Danger! Accepting wedding guests' private health information may get you in trouble if you are not careful with how the data is stored (and used). In this video, learn how Federal regulations like HIPAA, state-specific rights of privacy, and Covid vaccine information converge into a regulatory soup with healthcare compliance attorney Wedad Suleiman.
Wedad Suleiman
https://www.chapmanlawgroup.com/attorney/wedadsuleiman/
🤷🏻♀️ Congratulations! You’ve decided to go out and slay some wedding business for yourself. After doing your research, you’re ready to spend some of your limited resources on legal services. Not so fast, buddy. You might not need to. In this week’s video, we talk about what NOT to invest your money or time into.
🤷🏻♀️ States are opening up and over 20% of our population have been full vaccinated. But what does this mean for the future? In this weeks video, four things that you will want to think about for your client contract in the months and even years ahead.
🤷🏻♀️ Modern music is almost always protected by copyright law. In order to play music at your venue (DJ, live music, or even the radio!), to place music in your video, or put music on your website requires certain permissions or licenses. But don’t worry, we got you covered. In this week’s video we welcome entertainment lawyer Gordon Firemark @gordonfiremark to talk about using live or recorded music at an event or in promotion of the event.
For more information, check out:
Gordon Firemark: https://firemark.com/
Podcast: https://firemark.com/category/podcasts/entertainment-law-update/
Just when it started to get good, all of my equipment melted down. I'm going to take a couple weeks to regroup and we'll be back with great new videos and information! Please come back!
🤷🏻♀️ Thinking about running a contest on your IG or Facebook? Achtung, baby, there are rules and laws you have to follow. In this week’s video, we welcome guest Ashley Basta of Creatives Learn Law to help us understand how to run a contest that is both compliant and that won’t get you thrown in the slammer. DISCLAIMER: Content of the video is not intended as legal advice. For more information:
Ashley Basta: https://www.youtube.com/watch?v=TYPEiK7v9s8
Creatives Learn Law: https://www.creativeslearn.com/
🤷🏻♀️ Working a wedding abroad? Then your contract needs a passport. Say what? In this week’s video, we talk about contract considerations for destination weddings. From venue selection, to choice of law, to arbitration, you don’t want to miss it!
🤷🏻♀️ Have you ever worked hours and hours on a proposal only to have the potential client shop it around for a better deal or simply take the ideas and do it themselves? Is there a legal way to protect the blood, sweat, and tears contained in your event proposal? You’re in luck, because there is. We talk all about this and more in this week’s video.
🤷🏻♀️ Indemnity or indemnification is a contract term in which one party agrees to be responsible for the liabilities of another. In other words, one party is agreeing to be responsible for any harms or losses that may arise from a certain scenario. But how far does this go? Can you have your client indemnify you? This week in the podcast, I try to explain all this and more without putting you to sleep!
🤷🏻♀️ Pepsi or Coke. Crunchy or soft shell taco. Reels or Tik Tok. Telling the client about commissions on vendor invoices or not. I feel like folks are all in one camp or the other. There’s no inbetween. So let’s work this out together. This week on the podcast, we unpack the legal ramifications of planners, coordinators, and consultants accepting kickbacks.
Making videographers and filmmakers cough up money for a permit is actually unconstitutional according to a recent United States District Court opinion. So does that mean you’re free to film at the Grand Canyon without any worries? Maybe, maybe not. This week on the podcast, we welcome Robert Corn-Revere, the attorney representing the indie filmmaker responsible for the case that brought down this law.
Opinion HERE: https://nppa.org/sites/default/files/Price%20v%20Barr%20opinion.pdf
Robert Corn-Revere: https://en.wikipedia.org/wiki/Robert_Corn-Revere
🤷🏻♀️ After hitting it off with the couple, you sent over your contract to sign. When it comes back it’s got more red splashed on it than a GoT episode. When do you capitulate, when do you stick to your guns? When do you keep going, when do you run? In this week’s episode, we talk about considerations to make when a client wants multiple changes to your contract.
Maurice Ross FB (& piano): https://www.facebook.com/mauricemichaelross/
Laura-Michell Horgan: https://www.instagram.com/lmhorgan/
https://www.bartonesq.com/
🤷🏻♀️ Quantum meruit is latin for “what one has earned.” At least that’s what wikipedia says. But it also is a way for a person who has performed work for someone to receive $$$ if there is no breach of contract claim. But will a “quantum meruit clause” help you in your client contract if the client wants to cancel, or if there is the dreaded ‘force majeure’ event? This week on the podcast we dive deep into this topic. Also, I talk about best practices for making sure that you get jablu'DI' on clients that want refunds. jablu'DI' is Klingon for revenge. At least, that’s what a Klingon told me.
✔️What quantum meruit means for keeping money
✔️How the court compensates for breach of contract
✔️Best practices for keeping payments, deposits, retainers, etc
🤷🏻♀️ After hitting it off with the couple, you sent over your contract to sign. When it comes back it’s got more red splashed on it than a GoT episode. When do you capitulate, when do you stick to your guns? When do you keep going, when do you run? In this week’s episode, we talk about considerations to make when a client wants multiple changes to your contract.
🤷🏻♀️ Does your contract look like a scroll and read like the riot act? Last week we talked about how long your contract should be, this week on the show we’re going to address some “fluff” that may be taking up valuable space in your contract.
In this episode:
✔️What’s the difference between “non-essential” and “essential” terms
✔️How can we cut some of the fat from the contract?
✔️What ingredients make or break a taco
🤷🏻♀️ Essentially, a contract should contain only the amount of words necessary to maximize legal and/or business protections for the parties. But what does that mean for a wedding professional? Are we talking 50 pages? 1 page in 4 point font? In this week’s episode, we talk about considerations affecting contract length.
🤷🏻♀️ The first Covid-19 vaccines are currently being administered (or soon will be). But does this change the algebra for your events heading into 2021? In this week’s episode, five things to know about Covid-19 for your wedding business in 2021.
In this episode:
✔️Covid clauses vs. force majeure
✔️When is a wedding not a wedding?
✔️Policies and procedures for everyone!
at the wedding. Any wedding professional who intends to take photos at the event should consider a photo release in their client contract. But what all should the release cover? Find out in this week’s episode!
In this episode:
✔️What happens if you don’t have a release
✔️Who does the release apply to?
✔️How does copyright relate to the release, if at all?
🤷🏻♀️ Great event designers are sought after because of their unique flare, vision, and personality. Even the most boring wedding requires at least some amount of creativity. So, how is wedding and event design any different that photography, fashion, or music? All three of those fields enjoy strong protection from intellectual property law. This week on the podcast, we talk with intellectual property lawyer Leila Amineddoleh about how the law approaches event design, as well as how creatives can protect their unique work.
Leila Amineddoleh
@leila.alexandraa
Email: leila@artandiplawfirm.com
Website:www.artandiplawfirm.com
Case: https://www.lexology.com/library/detail.aspx?g=3468f9fe-fd84-402f-9f9a-137dc8568bdf
https://law.justia.com/cases/federal/district-courts/texas/txedce/4:2019cv00067/187336/17/
🤷🏻♀️ Happy Thanksgiving! Nothing says Thanksgiving like stuffing yourself full of food. But what about your client contract? Is it legal to require your client to provide you or your crew a meal? What happens if you are stuffing your face and you miss an important piece of the action? This week on the podcast, we talk about how your contract can help keep you safe and your belly full.
In this episode:
✔️Recommendations for your "meal requirement"
✔️How is a vendor meal term enforced?
🤷🏻♀️ Are you thinking about hiring a drone operator to photograph a wedding? Are you a venue and would love aerial footage of your premises? Hold on there, Goose! There could be some legal bogies on your tail. This week in the podcast, we dig deep into the legal implications of drone use at events with The Drone Lawyer Jonathan Rupprecht.
In this episode:
✔️Do FAA regulations REALLY apply to my drone?
✔️Top recommendations when hiring a drone operator
✔️Tips on reducing likelihood of negligent flying lawsuits
Jonathan Rupprecht
Email: jon@jrupprechtlaw.com
Website: https://jrupprechtlaw.com/
🤷🏻♀️ We know that you can copyright the lyrics of a song and that you can trademark your logo. Why? Because they’re expressions of a creative idea and the designation of your specific brand, respectively. But what about the design of a cake? Are you allowed to protect the signature way your cake looks or feels? This week on the podcast, we talk to intellectual property attorney Hannah Brown about having your cake (design) and eating it too.
✔️What do copyright and trademark have to do with cake design
✔️How protecting design is different than protecting recipes
✔️How to enforce your design rights in cake
Hannah Brown:
Email: hbrown@grsm.com
Article: https://ipmall.law.unh.edu/sites/default/files/hosted_resources/IDEA/56_idea_31-98.pdf
🤷🏻♀️ Do you have a limited liability clause in your client contract? Good! But what does it do? What kinds of liabilities are limited, and by how much are they limited? Answers to all this, and more, on this week’s podcast
✔️How does limited liability in contracts work?
✔️What are some examples of limited liability in the real world?
✔️What are the limits of the limited liability (pun intended)?
🤷🏻♀️ Is mediation always a good idea for your wedding business? What are the advantages and disadvantages? If you’re in a Hatfield and McCoy style dispute with your client, and it’s looking like it is headed to court, check out this week’s podcast as I talk about how to know if mediation is right for you.
In this episode
✔️How does mediation work?
✔️What are the advantages of mediation? Drawbacks?
✔️When are the times when you should just file a lawsuit
🤷🏻♀️ When the client wants to change the date around, are you allowed to charge a fee? If so, how much can you charge? What are some considerations that may be made to make sure that your rebooking fee is enforceable?
In this episode find out:
✔️Whether rebooking fees are OK
✔️Considerations when making your rebooking fee policy
✔️What happens if your contract doesn’t say anything about a fee?
In an attempt to get deposits back, some clients resort to disputing credit card charges resulting in chargebacks. This week on the podcast, we welcome online business lawyer @ninathelawyer to talk about what we can do to fight and win chargebacks.
Learn more about Nina Marinaro:Website: https://ninamarinaro.com/
Contract Templates: https://ninamarinaro.com/templates/
Instagram: @ninathelawyer
There are tax holes for everything. As the wedding and event industry struggles through Covid, it’s more important than ever to save every dime. This week on the podcast, we welcome tax lawyer Jason Wiggam to talk about covid-related tips for deductions, write-offs, PPP, and fighting the IRS.
What are the characteristics of an independent contractor?
Why most employers think they have contractors but don’t
Why the difference is critical to taxes, backpay, and injury liability
Need to fight the IRS? Here’s info on Jason Wiggam:
Website: www.wiggamgeer.com
Instagram: @wiggamgeer
🤷🏻♀️ Whether your workers are employees or independent contractors not only can affect your bottom line, but may present a significant risk to your operations. What is the difference and how does worker classification matter? This week on the podcast, we welcome business lawyer Braden Drake to talk about what makes an employee an employee, a contractor a contractor, and a little thing from California called AB5 that may find its way to the US Congress.
In this episode:
✔️What are the characteristics of an independent contractor?
✔️Why most employers think they have contractors but don’t
✔️Why the difference is critical to taxes, backpay, and injury liability
Learn more about Braden Drake:
Website: www.bradendrake.com
Podcast: https://www.bradendrake.com/blog
Instagram: @bradenadamdrake
Have you ever had an employee, a contractor, or even an intern, pull a Jerry McGuire on you?Is there any way to guard your current and prospective client lists against ambitious staff? The answer is yes! This week on the podcast we talk with Janette Levey Frisch, employment attorney, on protecting your most valuable assets- your clients and your employees.
In this episode find out:
✔️What are the rules for employees, interns, and contractors
✔️What is the difference between non-solicitation and non-compete
✔️What are the key terms for a non-solicitation agreement
Learn more about Janette Levey Frisch: www.theemplawyerologist.com
janette@theemplawyerologist.com
@JLeveyFrisch
🤷🏻♀️ People wanting refunds can be vicious. Some hold ‘bad reviews’ over your head like blackmail. What can you do about it? Can your contract forbid the client from giving you a bad review? This week on the podcast, we talk all about it.
✨ “No Review” Clauses → Yes or No???? ✨
Sometimes we want to make sure a client keeps their trap shut from the beginning of the relationship. What are the documents that allow this take place? If not, what type of speech can you prevent? The answers will surprise you! 🙅🏻♀️
In this episode👉🏻 Link in Bio 👈🏻 find out
✔️What laws apply to a “no review” clause
✔️When is it appropriate to “bargain for silence”
✔️How do you know when it's time to shut a client up
🤷🏻♀️ Ever have to defend the job you did to an angry (soon-to-be-ex) client? Argue about an invoice? Refund money? FYI, there are optimal ways to resolve these types of situations so that you can walk away without staying up all night worrying about bad reviews or being sued.
✨ It’s all about the SETTLEMENT AGREEMENT ✨
A settlement agreement is different from a cancellation agreement. Why? Because when there’s been a dispute, extra language may be required to cover your but (i.e. fully settle any potential claims). A settlement agreement should be a part of your document arsenal. So what are some ways you can make it stronger? Find out this week when we talk about 4 Tips for a Rock Solid Settlement Agreement! 🙅🏻♀️
✔️Cancellation agreement vs. settlement agreement?
✔️How to keep the client from giving a bad review
✔️When do you need a settlement agreement?
✔️What are the must-have terms?
🤷🏻♀️ Recent statistics show that over 20% of all engagements are called off.. Theoretically, that means 1 in 5 of your clients are going to approach you about cancelling their wedding. You have a cancellation agreement for them to sign, but is that going to protect you? What is a cancellation agreement good for?
✨ We got you covered! ✨
Most often, cancellation agreements are a document memorializing the parties’ desire to terminate an existing contract. In short, the obligations in the ‘cancellation agreement’ would supersede, or terminate, the obligations from the original contract. So what are some ways we can do that better? Find out this week when we talk about 3 Tips for a Rock Solid Cancellation Agreement! 🙅🏻♀️
In this episode👉🏻 Link in Bio 👈🏻 find out
✔️Are cancellation agreements necessary?
✔️Who does the cancellation agreement benefit and how?
✔️Why addressing payment obligations is important
✔️When you need more than a cancellation agreement
🤷🏻♀️ At this point, you thought you knew everything there is to know about force majeure clauses. Are you sure about that? I must say, over the last few months of representing clients, reading through court decisions from across the country, and interviewing experts, I’m improving my knowledge of this concept and how to best use it to protect wedding professionals just like you. The goal? Keeping your money! On this week’s podcast, we talk about 4 ideas that will make your force majeure clause rock solid!
✨ As always, your contract is your secret weapon ✨
Not every force majeure clause is written the same way, or contains the same rights and protections. Depending on where you got yours, it may not be applicable to weddings. Good news. Tune in this week to learn what you might be missing! 🙅🏻♀️
In this episode
✔️What is the primary purpose of the force majeure clause?
✔️What it means to reschedule and how long should you give
✔️Keeping the money!
✔️Shifting risk of cancellation correctly
🤷🏻♀️ Can a client fire you for supporting Black Lives Matter? You read that right. An Ohio wedding photographer recently found herself in this situation. After posting BLM on her Instagram, a client demanded a refund. What are the obligations of the parties in that scenario?
✨ Freedom of speech or Freedom to contract? ✨
In this episode👉🏻 Link in Bio 👈🏻 find out
✔️Is political speech a breach of contract?
✔️Should you be worried about expressing yourself on social media?
✔️What is misrepresentation?
SUBSCRIBE to the Wedding Industry Law YouTube Channel and be sure to leave a comment!
Is there a particular order to forming a legally binding contract with your client? In other words, do you have a deal with a handshake, a signed contract, receipt of money, or some combination? In truth, it depends! On this week’s podcast, learn how to avoid “contract formation” problems and start your client relationships on solid footing!
Don’t worry- Your contract is your secret weapon
Whether you have a binding agreement will often depend on what constitutes the client’s “acceptance” of your terms. Good news. You can handle all that with your contract language. Tune in this week to learn how!
In this episode, find out:
What it means if client signs but doesn’t pay deposit (& vice versa)
If you are required to countersign your contract
Whether e-signatures are legal
Do you need a notary?
Episode 5: Worst Contract Terms
SUBSCRIBE to the Wedding Industry Law YouTube Channel and be sure to leave a comment!
🤷🏻♀️ You better believe that Covid-19 lawsuits are on the horizon. But what are the risks to your #weddingbusiness from your clients, your employees, or even guests when someone gets infected with Covid-19 at the event? On this week’s podcast, learn some rock solid ways to reduce the chances that you’ll end up in court because of Covid-19!
✨ Weddings aren’t cancelled- but operating unsafely is! ✨
How you interact with clients, employees, and event guests can determine whether you may be liable for their injury. This week, I discuss contract language and business operations aimed at keeping you safe from the hassle of Covid-associated litigation. 🙅🏻♀️
In this episode, find out
✔️What “standard of care” means and why it’s important
✔️Why keeping up with your colleagues matters
✔️When a waiver works and when it doesn’t
Episode 10: Liability Waivers for Covid-19
Episode 12: Covid-19 Liability and Reopening Your Wedding Business
SUBSCRIBE to the Wedding Industry Law YouTube Channel and be sure to leave a comment!
When is it OK to leave a client in the dust because of what a #wedding guest has done (broke your stuff or got handsy)? Is this a power that you can give yourself with your contract?
As always, your contract is your secret weapon.
This week, I discuss what it means to make a client “in charge,” and therefore responsible, for the conduct of attendees. We go a little deep in this one, but you’re gonna learn a bunch.
In this episode, find out:
What material breach is and why it's important
What type of behavior is the “firing kind”
Useful language and things to consider
SUBSCRIBE to the Wedding Industry Law YouTube Channel and be sure to leave a comment! https://www.youtube.com/c/Weddingindustrylaw?sub_confirmation=1
WANT TO PROTECT YOUR BUSINESS???
This is not our first rodeo. I’ve been protecting #weddingpros from drunk uncles and dragon ladies since before GoT started.
Let us know if we can help you with some one-on-one contract drafting time at http://weddingindustrylaw.com/contact.
OR,
Check out http://wedformz.com/ for reliable lawyer-drafted contract templates for your business.
A majority of Gen Z and Millennial couples rank LGBTQ allyship a priority when selecting wedding vendors. So, how are your values reflected in your day-to-day business operations and documents?
Need some help with that? You got it!
This week we chat with LGBTQ inclusivity expert Kathryn Hamm @mbkinsights on updating the language in your contracts and marketing materials.
In this episode, you’ll learn:
Words to use and not use
Approaches to gender identity in your documents
How to reduce your assumptions and have open dialogue
Tips on approaching visuals in your marketing
Inclusive Language Quick-Take: https://www.facebook.com/WeddingWireEDU/videos/1986705358066323/
More about Katherine Hamm: https://www.madebykathryn.com/about-kathryn-hamm/
LGBTQ Wedding Stats: https://www.wedinsights.com/report/marriage-equality
SUBSCRIBE HERE the Wedding Industry Law YouTube Channel and be sure to leave a comment! https://www.youtube.com/c/Weddingindustrylaw?sub_confirmation=1
WANT TO PROTECT YOUR BUSINESS???
As long as you are reviewing your contract for LGBTQ inclusivity, you might as well review it for other matters as well! How is your liquidated damages language looking? What about your force majeure clause?
Let us know if we can help you with some one-on-one contract drafting time at http://weddingindustrylaw.com/contact.
OR,
Check out http://wedformz.com/ for reliable lawyer-drafted contract templates for your business.
Last month, the Supreme Court ruled that employment discrimination based on sexual orientation or gender identity is unlawful. FINALLY! But what does this mean for you as an employer of #LGBTQ workers?
Find out on this week’s podcast, you’ll learn:
How to create an inclusive working environment
Easy ways to prevent discrimination lawsuits
HR recommendations for LGBTQ employees
We welcome attorney Crystal Kesler @cklawga on the podcast to discuss. Crystal has experience representing victims of employment discrimination and will drop some knowledge bombs for us.
Subscribe to the Wedding Industry Law YouTube Channel and be sure to leave a comment!
WATCH THE PODCAST HERE: https://youtu.be/MdtN2119kQs
WANT TO PROTECT YOUR BUSINESS???
Visit http://weddingindustrylaw.com/contact/ and let us know if we can help you draft an Employee Manual, Anti-Discrimination Policy & Procedure, or Employee Agreement.
OR,
Check out http://wedformz.com/ for reliable lawyer-drafted contract templates for your business.
After a wedding photographer was defamed on TV by former clients, she took her case to court. The result? A one million dollar verdict. What makes this case special and what can wedding pros learn from it? Find out when we talk to Dave Wishnew, the trial lawyer who handled the matter.
Dave Wishnew: https://www.cwl.law/dave-wishnew
Dallas News: https://www.dallasnews.com/news/courts/2017/08/04/bride-groom-who-slammed-dallas-wedding-photographer-online-in-media-must-pay-1-08m/
Thumper’s Mom didn’t live in the age of the internet. When does a disparaging review cross the line into actionable defamation? What are the elements of a defamation case and why are these difficult lawsuits to prove? All this and more on this week’s episode.
Defamation Basics: http://weddingindustrylaw.com/wedding-vendor-online-reviews-defamation-or-simply-the-truth/
Can you make “no review” clauses in your contract? http://weddingindustrylaw.com/are-non-disparagement-or-no-review-clauses-in-wedding-vendor-contracts-enforceable/
Like the Yeti or crocodiles in the sewer, there’s lots of myths and misinformation about trademarks. In this episode, we welcome Trademark Attorney Sonia Lakhany to discuss what is fact and what is fiction, and why your wedding business should consider a trademark as a business asset.
I own my URL and my LLC is registered in the State. That’s just as good as a TM.
I have a copyright on my logo. That’s just as good as a TM.
I don’t plan to expand to another state. I don’t need a TM.
Registration is hard and expensive. TMs are not worth it.
My business name is not original. I don’t need a TM.
Sonia Lakhany: https://www.lakhanylaw.com/
Sonia on IG: https://www.instagram.com/trademarklawyerlady/
Do you lose copyright protection when posting a photo to Instagram? A recent U.S. District Court decision (Sinclair v. Ziff Davis LLC) seems to suggest so. In that case, photographer Stephanie Sinclair’s photo was used by Mashable without permission. But, the Judge found that because only the “embed code,” not the photo, was used, no copyright infringement took place. This week on the podcast, we interview James Bartolomei and Bryan Hoben, attorneys for Sinclair, to get the full scoop.
James Bartolomei: https://www.duncanfirm.com/copyright-and-trademark-infringement
Bryan Hoben: https://www.hobenlaw.com/
STORY OVERVIEW:
https://www.hollywoodreporter.com/thr-esq/court-rules-photographer-gave-up-licensing-rights-by-posting-instagram-1290170
MASHABLE ARTICLE: https://mashable.com/2016/03/19/female-photojournalists-social-justice/
Is having an arbitration clause a good idea for your contract? What is arbitration exactly? In this episode, we talk about arbitration proceedings, the negatives, the positives, and whether this alternative dispute resolution is right for wedding industry professionals.
Can you make your client pay your attorney's fees if you have to sue them in court? The short answer is yes. BUT, don't make the mistake of thinking you are covered with a generic, boilerplate clause. On today's podcast, we talk about what problems arise from "reasonable attorney's fees clauses."
As a wedding business, what is your liability to clients, event attendees, and your employees with regard to Covid-19? What steps do you need to take to prevent infection and to prevent lawsuits? On this episode, we welcome Sara Tucker, trial attorney with Womble Bond Dickinson to discuss all things Covid-19 liability. We talk about everything from “reasonable” prevention methods and what to tell clients in order to lessen liability risk.
Related Episode: The One About Liability Waivers for Covid-19: https://www.youtube.com/watch?v=PTQyGhsU_58&t=661s
Guest Information Sara Tucker: https://www.womblebonddickinson.com/us/people/sara-tucker
We are all in this together and you can do it! If you need help, there are resources for you. For those that are looking for some answers to tough questions about finances, bankruptcy, and moving on, this episode is for you. We welcome Bankruptcy Attorney Will Geer of the Atlanta law firm Wiggam and Geer to talk about when is the right time to file for bankruptcy and what the benefits of bankruptcy.
Visit Wiggam & Geer: https://wiggamgeer.com/
Is it possible to have your client waive liability if that client contracts Covid-19 from you? In other words, can you contract protect you from a lawsuit if you are Covid-19, perform the event, and the client get sick because of it? The simple answer is......it depends on your state and how negligently you act. We talk all about this and more on this episode of the podcast! #weddingbusiness #weddingindustry
Do you know what the term "Liquidated Damages" means? Listen to the episode and find out how that confusing term will help you hold onto money if the client cancels the event!
When a client cancels a wedding that leaves you with the big doughnut hole, what is your option? Under the law, you may have a the right to sue for breach of contract. But what kind of money are you entitled to in that situation? What can you ask a judge to do for you? We'll explain all that and more in this episode!
BONUS EPISODE THIS WEEK!
Are you tired of hearing "it depends" when a lawyer is answering your question? Ever wonder why a lawyer can't just give you advice without 64,000 questions? There's a reason for that.
Get your free Covid-19 Contract Amendment Template from WedFormz LLC by emailing rob@wedformz.com
What happens when Mom pays and signs the contract, or when the couple AND Mom sign the contract.....and then there are disagreements. Welcome to the Devil's Triangle. I'll help you navigate those waters.
Should you use the word retainer or deposit in your client contract? What do these words mean? You'd be surprised. Or maybe not. Hope you enjoy!
Listener inspired content on this episode! Madison Raiz asks: What are some of the zaniest, wackiest, worst contract terms that I have seen wedding professionals put in their agreements? Let's get into it!
When a contract isn't a contract.
Promises not to review.
Contracting on behalf of others.
Being personally responsible.
Check out NY PhotoBus. Thanks for listening (and watching)!
On March 25th 2020, Erika Peterson of Wedding Network Seattle hosted a Covid-19 Legal Q & A. We talked all things coronavirus, postponements, rebooking, etc.
Get your free Covid-19 Contract Amendment Template from WedFormz LLC by emailing rob@wedformz.com.
Another Covid-19 episode. We talk about postponements due to coronavirus, what happens when you don't have a force majeure clause in your contract, understanding options when refunding money, and more.
FREE CONTRACT AMENDMENT TEMPLATE FOR COVID-19 POSTPONEMENTS: Email Rob@Wedformz.com to receive your copy of the template and guide.
Episode 1: The One About Coronavirus and Force Majeure
Episode 2: The One About Coronavirus and Cancellations
A little more talk about wedding cancellations and the coronavirus, including some things to consider when re-booking.
Wedding MBA Podcast with Rob: http://weddingmba.libsyn.com/wedding-mba-podcast-123-rob-schenk
Wedding Bossness Podcast with Rob:
https://www.eventbrite.com/e/wedding-cancellations-force-majeure-with-rob-schenk-tickets-100079995962?fbclid=IwAR31MXDpTR-hoMiS_Xt-oh1AsWvKv0aJ5wz47uVTNLnICC4Qu7PLcTZ2h8E
Coronavirus is now a pandemic and national emergency. As weddings and other events are cancelled, the humble force majeure clause may be the difference between lawsuit and handshakes. But how does the force majeure clause work? Does a pandemic count as a force majeure event? We go deep on this very first episode of the Wedding Industry Law Podcast.