Formalizing negotiations with suppliers is a very important step in wedding preparations. But because there are several complex issues involved, many couples may have doubts about contracts with wedding suppliers. To give you more security when closing deals, lawyer Gisele de Pinho Tavares Filla told us about 7 important clauses for a contract! Check out.
Even though it is not essential to have a written document formalizing the contract between grooms and suppliers, a contract guarantees greater security to those involved!
“In this sense, it is recommended that the bride and groom always formalize negotiations with suppliers through the contract, especially considering that the organization of a wedding presupposes countless suppliers and, therefore, multiple legal relationships. After all, nobody wants to have problems involving the big day ”, explains Gisele.
Attention grooms: even with the contract, it is still possible to have some headaches. Even so, the existence of this document minimizes and prevents some problems.
“To further reduce the risks, it is important that the bride and groom are assisted by a lawyer they trust to sign a contract,” advises the lawyer.
Object of the contract
First, it is necessary for the contract to state what its object is, that is, what the purpose of that contract is. For example personalized wedding ceremony celebration service.
Another point that cannot be missing from the contract is the main information about the wedding: date, time, location and how long the service lasts at the wedding.
Obligations and duties
“In addition, it is essential to establish the obligations and duties of both parties in the contractual relationship. In this clause, the object of the contract will be better detailed and detailed ”, explains the lawyer.
The contract needs to determine the value of the service/product that was contracted and also how it will be paid. Gisele details:
“It is also important to clarify whether the amounts will be paid in cash or in installments, whether there will be a deadline for payment, entry requirements, late payment interest, monetary correction index, and a late penalty. In the case of payment in installments, it is recommended to indicate how many they are, the value of each one, and the dates of the respective maturities ”.
To ensure that the service will be performed, the lawyer recommends that the contract has a penal clause, referring to the fine that will be applied to the party that breaches or even delays the fulfillment of the obligation.
“The amount of the fee imposed in the penal clause cannot exceed the amount of the principal obligation”, says Gisele.
“The parties can choose the forum that will be competent to assess any legal disputes that may exist related to the contract,” says Gisele.
In order to give strength to the contract, it is necessary that in addition to the bride and groom, the contract must also be signed by two witnesses.
It is clear that in addition to the 7 clauses, grooms and suppliers can establish other requirements. For example: if the wedding is in a city other than that of the supplier, the service provider may contract the cost of transportation, accommodation, food and present who will be responsible for paying these expenses.
Marriage Contracts & Coronavirus
The new coronavirus pandemic took everyone by surprise and impacted several legal relationships. Since the beginning of the pandemic, is that the bride and groom do not cancel the wedding but rather, together with the suppliers, seek to preserve the contract. Gisele warns that at times like this “it is necessary for contractors to review the contractual provisions and, based on good faith, cooperation, contractual loyalty and honoring the social function of the contract, jointly design the best solution for this new imposed context, in order to minimize negative effects and losses. ”
The lawyer also says that in situations like this, it is possible for suppliers to slightly increase the payment term for the bride and groom.
“As the pandemic has brought economic damage to some people, it is possible that, in the face of financial difficulties, the creditor will grant a moratorium to the debtor, that is, the term for payment of the debt will be extended, aiming, above all, at maintaining the business. It is even possible that, in view of the inevitable need for contractual termination, there may be an agreement to release payment of any fines fixed in the contract, in view of the exceptional situation of COVID-19.”