The venues or locations for the wedding ceremony and the reception are often important decisions and significant costs of getting married. Renting these locations can cost thousands of dollars and they may need to be reserved a year or more in advance. With months of planning and guests traveling from miles away to attend, it is important to ensure the availability and details of these venues for your wedding and reception events.
To reserve these venues, you will often be presented with a contract—a legally enforceable agreement that includes important details of what you will receive in connection with the rental of the church, event space, or other location, and the price you will pay. This contract or agreement may be titled as a venue rental agreement, wedding and special events venue contract, wedding venue contract, or similar name.
It is important to carefully read and understand this agreement before signing it to minimize the chances of being disappointed on your wedding day. Some of the important clauses that typically appear in these contracts include:
• Nonrefundable Deposit or Retainer. The nonrefundable deposit or retainer provision of the agreement provides the amount of money you (as the renter or lessor) must pay or put down to reserve or secure the venue for your chosen date. This deposit may be as much as 50 percent of the total cost and may be nonrefundable from the time you give it to the owner of the venue or may become nonrefundable within some amount of time (weeks or months) following the payment, or within a specified number of days or months before the date for which you have it reserved. A nonrefundable deposit may also be referred to as liquidated damages that the owner of the venue is allowed to keep if you back out of or cancel the event reservation.
• Exclusive Vendors for the Venue. Some venues require the renter to use only their chosen vendors for food, alcohol, music (DJ), furniture (tables, chairs), wedding planner, photographer, videographer, and other services. Use of some or all of these service providers may be negotiable, but you should research and interview them (if possible) to ensure you are comfortable with them.
• Additional Costs and Logistics. It is important to address whether costs for parking (valet or otherwise), cleanup of the space, furniture, tableware, tips for servers and bartenders, lighting, sound system, outdoor heaters (if applicable) are included in the price.
• Indemnification. The indemnification clause will require you “indemnify, defend, and hold harmless” the owner of the venue—meaning you will pay the costs of defending any claims and paying any settlement or court judgment for legal liability arising from your use of the venue—including any claims against the owner of the venue and any legal liability attributed to the owner of the venue. These claims and liability can arise from a variety of circumstances, including someone slipping and falling, injuries sustained in a fight between guests or other persons, and claims that someone was injured or killed in an automobile accident caused by an intoxicated guest who drank too much, left the venue, and caused the accident.
• Force Majeure or Act of God. A force majeure event or Act of God is generally an event or occurrence such as a fire, flood, earthquake, or hurricane that that excuses the performance of a party’s obligations under a contract. If, for example, the venue you have rented burns down shortly before your wedding date, the owner of the venue may be excused from providing that or another venue. Although such an event is unlikely, you may want to negotiate to include language requiring the owner of the venue to return your deposit and any other amount paid if the owner is unable to provide the venue due to a force majeure event or Act of God.
• Jurisdiction and Venue. The jurisdiction and venue provision of the agreement determines where any lawsuit filed over the rental of the venue must be filed. For example, if the venue you rent is located in a state other than your residence, such a provision may require any lawsuit filed by you or the owner of the event venue related to your rent and use of the event venue to be filed in the state where the event venue is located.
There are other important provisions of a venue rental agreement that may be included in the agreement proposed by the owner of the venue you are considering. You should be sure to read these carefully and understand their implications—possibly with the assistance of a lawyer.
In Texas, when renting a venue for a wedding ceremony or reception, couples are typically required to sign a contract that outlines the terms of the rental. This contract may include a nonrefundable deposit or retainer, which secures the venue for the chosen date and may be a significant portion of the total cost. Contracts often stipulate the use of exclusive vendors for various services, and it's important to review these requirements and negotiate if necessary. Additional costs for amenities and services such as parking, cleanup, and equipment should be clearly addressed in the contract. An indemnification clause may be included, which holds the renter responsible for legal liabilities arising from the event. Force majeure clauses protect both parties in the event of unforeseen disasters that prevent the venue from being used. Jurisdiction and venue clauses determine where legal disputes will be resolved. It is crucial for couples to carefully read and understand all provisions of the venue rental agreement, and they may wish to consult with an attorney to ensure their interests are protected and to clarify any legal terms or obligations.
