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Is this contract void?

I contracted an event company to come to my daughters 5th birthday at her nursery. The character was suppose to be "Snow White" instead i got "jasmine" character. The owner didn't have the courtesy to inform me that she was not going to be available. Was late upon arrival and told me on the last minute that "I'll be getting the jasmine character and not the snow white character. I requested a discount but the owner doesn't want to give me one. We been back and fourth for about 5 months now. She added late fees, bank charges to the original amount. Now she wants to sue me? What do you guys think??

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purpleorchid187

Asked by purpleorchid187 at 2:12 PM on Oct. 6, 2008 in Entertainment

Level 1 (0 Credits)
Answers (6)
  • You have to pay. A character showed up at the party. You can sue her AFTER you pay for breaching the original contract without proper notice. The truth is though because you didn't pay on time you likely won't get much if anything.
    GrnEyedGrandma

    Answer by GrnEyedGrandma at 2:14 PM on Oct. 6, 2008

  • I would let her take you to court and let the judge decide.
    riotgrrl

    Answer by riotgrrl at 2:59 PM on Oct. 6, 2008

  • Depends on what the contract stated.
    KLBrown

    Answer by KLBrown at 3:03 PM on Oct. 6, 2008

  • What did the written contract state? Did it allow for character change without notice or did it specify that it was "Snow White"? What did it state about arrival time?


    Review the contract and see if the owner allowed herself a loop hole.


    If the contract is crystal clear than I would fight it all the ways.


     

    tinkerbell76

    Answer by tinkerbell76 at 3:11 PM on Oct. 6, 2008

  • If you had a contract with her I'd be reading it to see what the details are concerning changes to characters, cancellations and amount of time needed to cancel. If the contract is in your favor, report her to the better business bureau and file a complaint against her business liscense.  Let her take you to court at HER expense if your contract rights are in favor of you. But if the contract was worded in her favor Ide just pay her the origonal fee you contracted for and let it go at that.

    vbruno

    Answer by vbruno at 3:18 PM on Oct. 6, 2008

  • I think you owe something, but not the whole amount. (Well, unless the wording of the contract allowed for substitutions.) Though, If you are like me all of your napkins, plates, gift wrap, balloons and other items were all purchased for the character you scheduled. They owed you a phone call (well in advance) letting you know that Snow White wasn't going to come. Also, how disappointed was your daughter? (my DS has autism, the whole party would have been ruined had the character he expected didn't show up). I'd just let them take you to court and let a neutral party decide on the amount you should pay.
    Austinsmom35

    Answer by Austinsmom35 at 11:18 AM on Oct. 7, 2008

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