Crafting Legally Sound Contracts for Weddings & Events in Michigan

• Always use exact dates and times instead of relative terms like “next Friday” or “soon.”

• Define any potentially confusing terms within the contract.

• Avoid legal jargon unless necessary, and keep language straightforward.

 

• What Changed? The court ruled that property owners can no longer claim immunity simply because a hazard was “open and obvious.” This means if someone is injured due to a dangerous condition on your property, you could still be held liable even if the hazard was visible.

• What Does This Mean for You? As a vendor or venue operator, you have a legal duty to exercise reasonable care to protect invitees (people invited for commercial purposes) from unreasonable risks. This includes anticipating potential harm from hazards, even if they seem obvious.

• Who is an Invitee? An invitee is anyone invited onto the property for business reasons, such as clients, customers, or vendors. Because of the commercial nature of the visit, property owners owe invitees a higher duty of care to keep the premises safe.

• Shared Fault Does Not Eliminate Liability: Even if the injured party is partially at fault, property owners can still be held responsible for their share of damages.

• Conduct regular safety inspections of your event spaces.
• Document any hazards and how you address them.
• Communicate safety rules clearly to guests and vendors.
• Consider insurance coverage that protects against premises liability claims.

 

3. Essential Contract Clauses: What Every Vendor Should Include

• Parties Involved: Clearly list the full legal names and contact information of everyone financially involved-this includes the client(s), any contributing family members, and the venue or vendor business entity. This ensures all responsible parties are identified.

• Services Provided: Detail exactly what services you will provide, including scope, duration, and deliverables. For example, “Photography coverage from 3 PM to 11 PM with two photographers and 500 edited images delivered digitally.”

• Cancellation Policy: Life happens. Your contract should specify how cancellations or rescheduling requests are handled, including any deadlines for refunds or penalties. Clarify whether deposits are refundable and under what conditions.

• Event Date and Duration: Specify the exact date(s), start and end times, and any access times for setup and breakdown. If the venue restricts access to certain areas, note this in the contract to avoid surprises.

• Payment Terms: Outline deposit amounts, payment schedule, accepted payment methods, and any late fees. Include a detailed breakdown of all fees, including potential additional charges (e.g., overtime, travel, equipment rentals).

• Force Majeure (Acts of God): Include a clause covering unforeseen events like extreme weather, natural disasters, or pandemics that may prevent the event from occurring. This clause should explain how cancellations or rescheduling will be handled under such circumstances.

• Indemnification and Liability: Define who is responsible if injuries, damages, or losses occur. This clause protects you from being held liable for incidents outside your control and clarifies the limits of your responsibility.

• Dispute Resolution: Specify how disputes will be resolved (e.g., mediation, arbitration) before pursuing legal action, which can save time and money.

• Governing Law: State that Michigan law governs the contract to avoid confusion about which state’s laws apply.

• Default Provisions: Clarify consequences if either party fails to meet their obligations, such as late payments or breach of contract.

 

• Be Proactive About Safety: Given the recent changes in Michigan premises liability law, don’t rely on the “open and obvious” defense. Take active steps to identify and fix hazards.

• Document Thoroughly: Keep written records of all communications, inspections, and agreements. Use checklists to confirm services delivered and conditions before and after events.

• Clarify Terms in Writing: If a client or venue requests changes or has questions, get all modifications in writing to avoid misunderstandings.

• Seek Legal Advice When Needed: While this guide provides a solid foundation, complex situations or large contracts may require professional legal review.

• Insurance Requirements:

  • Vendor Liability Insurance: Many venues now require vendors to carry their own general liability insurance (often $1–2 million coverage). Make sure you have a current Certificate of Insurance and know how to provide it to venues or clients upon request. This is a standard cost of doing business and should not be passed on as a separate fee to clients.

  • Event Insurance for Clients: Remind clients to check if they need event liability insurance, which can protect both them and you in case of accidents or damages.

• Package Details & Inclusions: Be specific about what’s included. List every service, product, or rental item included in your package (e.g., hours of coverage, number of staff, equipment, setup/teardown, meals, accommodations if relevant). Pro Tip: For rentals or décor, specify quantities, dimensions, and brands/models if important.

• Weather Contingency & Backup Plans: Especially for outdoor or seasonal events, include a clear weather contingency plan and note any additional costs for tents, alternate spaces, or rescheduling.

• Media Releases & Intellectual Property: If you create or use media (photos, videos, designs), clarify who owns the rights and how each party may use the content (e.g., for marketing, social media, portfolios).

• Vendor and Guest Policies: Note if the venue has an approved vendor list, guest behavior policies, noise restrictions, or other house rules. Clarify who is responsible for enforcing these rules and any related penalties.