We have signed a contract last august with a venue for our wedding that is on july 10th. Recently, we have had a lot of issues come up with the venue as far as time of setup and contract clauses. One of the clauses that we were just made aware of is the caterer. According to them, it is a requirement to have a caterer at the venue if we plan on having any kind of food. I understand that its a heath code related issue and they are just trying to protect themselves, but the issue is that it doesn't specifically state in the contract that a caterer is required. The only clauses in the contract state that the caterer has to be licensed and that they are responsible for cleanup. Those are the only clauses that are relate to the caterer, it doesn't specifically state that it is required. When we brought that to their attention, they said it is implied. They never told us that we had to have a caterer when we signed the contract and the only option they gave us is to use their catering service and use the deposit that is to be refunded to us after the event, find a caterer ourselves, or not have any food for the guests. What can i do?
So called "implied clauses" are really actually a few different things. First, it can be a "rule" that the venue makes which is "incorporated by reference" into the contract, and then it is not really "implied" technically it is actually in the contract, or at least incorporated into the contract. Another "implied" clause in a contract is a "custom or dealing" between the parties. This probably wouldn't be the case for you because I don't think you've had a ton of weddings at this venue, so that wouldn't apply. I would challenge them on it and try to do things the way you want to do it. If they disagree, then they may try to keep your deposit, but that probably wouldn't be too bad, and you might could even take them to Small Claims Court to get it back. I would say, you just ignore them and go forward with it, if they say something, then they probably will only do it after everything has been done, and then you're just fighting about the deposit.
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I think it has become obvious to you that we cannot interpret a contract we have not read. What you think is material made not be all that is material and I see you keep supplementing the facts. Don't you think you would benefit from sitting down with an experienced business lawyer who can read the contract and draw out all of the facts from you and then tell you what your remedies are? Fighting this fight on Facebook is not going to get you anywhere.
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