Who Should Sign My Contract?

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who-signs-event-contract

One of my most frequently asked questions I get is "Who should sign my contract?" 🤔

And while that seems like a simple question, it might not be as easy as you think.

While there are few black-and-white, hard-and-fast rules in law, one thing we can generally count on is this:  the only people bound by a contract (the only people who can be forced to do- or not-do something) are the people who sign it.  This means that your client might not technically be the couple if they didn't sign the contract!

What does this mean for you as a wedding & event pro?  It means that the person who signs your contract is the responsible party-- and it is who you ultimately answer to. Anyone outside of that signed contract won't be able to be "forced" into anything, including providing information or payment.

So Who Signs the Contract?

My answer: Both members of the Couple. Period.

Why? First, you want them both bound to the contract. You want both of them to have to pay you if something goes wrong. You want to be able to get money from either one of them. And you can’t do that if only one person signs your contract.

Second, I imagine you have a model release in your contract. Don’t have a model release? You need one. You need both people to sign the model release to have permission to use their images in your social media, on your blog, and in any sort of promotional materials. So you need to have their signature!

Third, we need both members of the Couple on board with the rules. This can be critical if your agreement states that the couple will- or will-not do things like provide a wedding day timeline, nailing things to venue walls, getting back to you within a certain period of time, not use certain types of sparklers (HELLO BURN WOUNDS!).

So what if mom, dad, or Great Aunt Sally pays your bill? Well, we’re going to have them sign an ADDENDUM to your contract as a “third party payer” (or “payor”— either works). We don’t want to be obligated to THEM. They aren’t really the client, and they don’t get to have a say in the event…. right? Without a third party payer agreement, they MIGHT be the client….. and you MAY have to answer to them!!

Note: Some cultures really press for the parents to be the primary contact, payor, and client. You’ll need to feel out what your client needs, and also articulate your own business practices. While I can press you to get the couple to sign, cultural norms may take precedence.

Here's some examples to illustrate how this all works, along with what I would recommend:

  1. You're a wedding planner. The couple comes to you to obtain your services. Get both to sign the contract. Why? If they break up, you want to be able to get that money from either one of them (it's called "joint and several liability" in law world, if you're wondering). This could be helpful if one of them leaves the area post- breakup!

  2. You're a wedding planner. The mother of the bride is paying for the wedding, including your fee. You want to make sure you get paid by the mother, but you also want to take instruction from-- and follow the directives of-- the bride/ groom/ couple. Keeping them happy is your priority, after all. Get both the couple to sign the contract, and the Mother to sign a Third Party Payer Addendum.

  3. You're a photographer. The father of the groom is paying for your photography services, but the couple is in charge of purchasing the prints. Have the couple sign the contract, and the Father sign the Third Party Payer Addendum.

  4. You're an event planner. There is an event being thrown by a business, and a venue, has connected you with them. You are going to be working for the client, not the venue. Get the corporate client to sign the contract. If the corporate client cancels, you want to be able to have them pay your cancellation fee-- not the venue! Don't want to burn that bridge.

BUT CONSIDER: One caveat-  be aware that the person who signed the contract is always able to sue on the contract as well (and a potential "backfire" is a "never happy" parent/ grandparent/ Great Aunt Alice who thinks your photographs are "too light and overexposed" or that your planning services were subpar. If you're sending extreme crotchety-ness, make sure you’re leaving the Third Party Payer off of the contract. 

In a nutshell? Always get your couple to sign the contract, and get the third party payer to sign an addendum!