Our wedding coordinator did not do her job with our wedding and ruined our food that was to be served by burning our buffet trays. She did not have the food set up and she did not help take out decorations. In the contract it states "Furthermore, the Wedding Coordinator is not held responsible or liable for any mishaps, wrongdoings, ill feelings, or anyone or anything that falls short of the Couple’s expectations, opinions or satisfaction. In any event, the Wedding Coordinator, her assistants and staff, shall not be held liable for any compensation or any damages (including punitive), due to non-performance of any wedding services resulting from such incapacitations, non-arrival, errors, theft, and/or omissions of any type." Can we still sue her?
You can still file suit against her. The question would be whether the contract you signed is unconscionable. From the language you provided, it seems like they were trying to disclaim all liability, even if they were at fault for any reason - which one could argue is not valid. Seek local counsel to review your contract and discuss your options.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
I agree with counsel. If you contracted to certain terms and one party did not meet the terms, that is a breach of the contract. The clause that this wedding coordinator put in the contract seems to nullify her responsibilities under the agreement, rendering the agreement moot. I think that you would have a very strong argument that the clause is void and the wedding coordinator is responsible for the things she agreed to be responsible for. She would not likely be responsible for things out of her control such as rain preventing the wedding from being held outside; however, she would certainly be responsible for concrete promises that she made in writing. You should consult with an attorney in person to work out the specifics of the situation and determine what, if any, breach of contract exists.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
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