Florist didn't sign contract - should I push it?

[nicole]

ETA: I need more help! I got a contract from our baker and it's about the same as the florist. I need to know if this is enough! Please see post #13. Thanks!! (I thought I'd just bump this thread rather than creating a whole new one.)


I got the contract from my florist and she didn't sign it. Actually there isn't even a space on there for her to sign. Can she back out if she hasn't signed it? Should I insist that she sign it, or just let it go?

TIA!

[Natasha]

I'd insist on a signature, but that's just me...

[IrishMeg]

Yeah, I probably would to. Just to CYA.

[endymion411]

i would have her sign something.

my florist missed so many things, and because i had a signed contract that showed she didn't do what she was supposed to, i was able to withold payment.

[lawyergirl25]

You don't need to re-do the contract, just have her sign it on the same page as your signature. Personally, I wouldn't hesitate to walk if she balks at signing.

[KrissyCat7]

Get it signed! You dont want to be left hanging.

[littlelove8138]

ITA you should have it signed otherwise it's not really a contract right?

[ADSigMel]

None of my wedding contracts had the vendors' signatures, since they were all their forms, and they filled in the terms themselves based on what we had previously discussed.
If your florist was the one that wrote the contract, I wouldn't think it would be necessary to have her signature on it, since she is presumed to have agreed to the terms that she herself came up with. But it couldn't hurt to have her signature, too, if it would make you feel more comfortable.

[BTB]

Like some pp's, I wouldn't work with a vendor who wouldn't sign their contract. There's no good reason for them not to.

[pocket]

Please don't do business without a contract. It's a bad idea.

[Sposa06]

I wouldn't work with a vendor who wouldn't sign their contract. There's no good reason for them not to.

Ditto.

[nicole]

Thanks ladies! That's kind of what I figured, but I wanted backup. I don't know how she's gotten away with this for as long as she has, but I will definitely be asking for a signed copy.

[nicole]

I got the contract from the bakery yesterday and it's probably worse than the florist! It looks more like an order form than a contract. Do you think this is enough? There isn't anywhere for the bakery to sign it or anything. She also told us she wouldn't require the $100 cakeboard thing since she's worked with our caterer so often. I also wonder if we amend it as we figure out what design we want? Hm... It also bothers me that the fillings and flavors aren't spelled out.

Here's the contract... All the italicized stuff is filled out with the actual stuff.

Bakery Name
Bakery Address and telephone number
__________________________________________________ ______________________________
ClientMy name
My address
City
State, zip
My phone number

Contract # Contract #
Order date: Tuesday February 7th, 2006
Event Date: Sunday September 10th, 2006
No of Guests: 50-60
Setup time: 3:30
Reception time: 4:30
Reception Location: Name of Reception Location
Contact: Name of Caterer
Florist: Name of Florist
Colors: dark red/lavender
__________________________________________________ ______________________________Pastry description:
Tiered cake: 3
Cake flavor: 1&2 Fudge 3 vanilla
Filling: 1&2 Choc1x/Straw2x 3 Rasp2x/Lem1x
Icing: Vanilla Buttercream
Style: Smooth
Cake cost: $175

Floral cost: $0.00
Delivery $30.00
Subtotal: $205.00
Tax: $9.46
Total: $214.46
___________________
Deposit: $0.00
Balance Due: $214.46

A NON_REFUNDABLE DEPOSIT of $100 is due at the time of booking in order to hold your event date and will be deducted from the balance. A REFUNDABLE $100 SECURITY DEPOSIT on the Lucite Cakeboard is due at the time of booking. The Security Deposit will be refunded when the Lucite Cakeboard is returned to Name of Bakery. Final GUEST COUNT IS DUE 10 DAYS PRIOR to the event. The BALANCE IS DUE 7 DAYS PRIOR to the event. CONTRACTS ARE NOT VALID WITHOUT THE CLIENT’S SIGNATURE AND THE REQUIRED DEPOSITS.

Wednesday May 03, 2006 Client Signature ________________________

[phoenics]

Whatever you don't like on the contract, you should go ahead and modify and then send it back to them and have someone initial it.

[KarenS]

Whatever you don't like on the contract, you should go ahead and modify and then send it back to them and have someone initial it.Please don't do this. Seriously. This is not a corporate takeover. This is a personal relationship between you and your vendors. If there is something you don't like on your contract, then call your vendor and TALK about it. Ask them if it can be changed, tell them what items must be changed before you'll feel comfortable signing, and discuss it. Don't just start lining things out and then send it back w/out any warning.

Many of us wedding vendors spend a lot of time and money writing out contracts that are fair to both sides and that protect both sides. My contract has been reviewed by my attorney (for which I paid a pretty penny). If it comes back with lines through it, I can't accept it. Lining out a term *could* invalidate the whole contract ... leaving both of us w/out any protection.

I am happy to make changes to my contracts if someone asks for them - but they have to be cleared by my attorney first to make sure that the wording used (or removed) doesn't make another part of the contract invalid. Some things are standard and I have boilerplate text that I can add or remove. But some of it isn't. And, quite frankly, some of my contract is simply non-negotiable and if you line thru those parts and send it back, I will call you and tell you that we can't work together.

So talk to your vendor first. COMMUNICATE. Tell them what you want to change and why. And then make the changes or let them issue you a new contract.

And yes, BOTH PARTIES must sign a contract or it's not a legal contract. What was posted above from the baker is a client's order confirmation, not a contract.

Karen

[KarenS]

Nicole,

Specifically to your concern about the contract above, you said:
It also bothers me that the fillings and flavors aren't spelled out.But I'm looking at the contract and I see this:
Tiered cake: 3
Cake flavor: 1&2 Fudge 3 vanilla
Filling: 1&2 Choc1x/Straw2x 3 Rasp2x/Lem1xAre these not the fillings and flavors for your cake? If not, what are they?

Also certain kinds of companies don't use a contract - they simply use order confirmation forms. It may be that your florist or your baker doesn't have a proper contract and won't have one. It's pretty standard in both of those industries, actually. On an order form or order confirmation, what's printed and agreed to does still hold the vendor liable. You don't have to have a formal printed, signed contract to have a sales agreement in situations like this where there's an order form provided.

Karen