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My Opinion (Some things you will like ...some you won't)
Note: If I misrepresent something, or make a false statement/assumption, as you did not supply the contract for review, please correct me.
1) You had a copy of the contract. The 22% fee WAS disclosed.. It sounds like you did not read the contract.
2) You were quoted a price. You received a contract that differed from the quoted price. You did not question it, and signed it. Essentially, you seemed to agree to the new terms.
3) What is the exit clause? That is, what is the cancellation policy ? Does it allow you, with sufficient notice, to exit the contract? and at what expense to you (typically loss of deposit, but not always) ?
4) Did you give them a deposit ?
If it has only been a day or so. I'd call them up and calmly discuss the issue. It is not likely they will waive the 22%, but bringing it promptly to their attention, and giving them sufficient time to re-contract the venue to another customer, they might let you exit the contract.
Also, the "you can cancel in 3 days" that people talk about is not a cut and dry as it may seem. It has conditions that don't seem to apply to you
See http://www.coloradoattorneygeneral.g...ontract_cancel
If you do decide to cancel, I'd a) send a letter and b) send it registered (or get a receipt of delivery ).
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If they want a sign, then the info, theyre lying. Dealt with some of this BS a few years back. Now, the other party gets to sit there while I read every last word, or get me a copy and give me a few days. Neither option works, they get the boot permanantly.
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(Total non-lawyer response, just remembering things from my one semester business law course two years ago) I'm still a bit unclear, did you have the wording for that 22% before you signed the other contract, or did that wording appear for the first time on the invoice? The first thing that came to my mind is an example my prof had given us where you sign a deal with a catering company for your wedding, then the day-of they come and say "Oh, sorry, it cost more, you'll have to sign this new contract or we won't give you your food" which wouldn't stand up in court. If you had the wording beforehand, I'm not sure how much you can fight (perhaps if the contract explicitly stated Grand Total or something, maybe), but if the wording came later, I think you have a good argument that no, this isn't the contract I signed.
I can't figure out from your description what the contract that you signed stated. If you signed a contract that had different terms from a later provided "bill", then go enforce the original signed contract.
Is there ANYTHING in the contract that could tie this "Additional Sheet" to the contract ?Quote:
Originally Posted by Danimal
Even any broad language like "We reserve the right to change the terms at anytime" or "Additional fees may apply " or "Our standard terms and conditions apply" ?
If not, then you may actually have a leg to stand on, so to speak...but getting to where you need to go won't be pleasant.
By the Way: I would be "ticked off" as well, but having been burned before, I also read everything I sign now. It has been a deal killer for somethings, but it a "good" way.
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Another approach, if you believe (and I would take the paperwork to someone I trust that can interpret contracts and deals with contracts : lawyer, business owner, realtor, etc.) is to turn the tables on them.
Hold your event and enjoy it and their services.
Wait for the bill.
When it arrives, pay what you (and your "legal" team that reviewed the stuff with you) believe is the "correct" amount.
If you are forced to pay at the close of the event, again, only pay what you believe is correct amount and dispute the other charges.
(Getting copies of everything and disputing it in writing).
Then let the "venue" decide how to proceed when they don't get what they expected.
But you have to be real sure you are in the "right"...
Glad things worked out....for whatever reason.
Now that the contract is cancelled, the "Non-Disparagement clause" no longer applies to you.
When you get your check back, and it clears....then tell us what you REALLY think....and don't hold back on the "disparagement" . [Beer]
Did this contract include some language about sending a bill for $ XXXX if you posted a bad review of them? Because I'd love to litigate some f**king son of a bitch who tried that.
Was their clause similar to this nonsense:
http://www.popehat.com/2013/11/15/ne...-and-handling/
http://www.popehat.com/2013/11/25/kl...the-whirlwind/
Seems like, at least for the first link ,Quote:
Originally Posted by spqrzilla
a) Didn't think you, as a plaintiff, could sue to recover legal fees and court costs in Colorado. Even if the defendant agreed to such nonsense, when the "I'm trying to recover legal fees and court costs, your honor" came up, the claim would be disallowed.
b) When contacted by the 3rd party collection agency, one could "dispute" the charges. In my experience, that goes on (you get the "please pay or else" letters) for about 2 years and then goes away. Just write "disputed" and send back to where they came from. Just don't forget to return any letters.
I'd appreciate your perspective. spqrzilla.... [Coffee]
Attorneys fees and costs have to be provided for in the contract for most civil breach of contract actions.
The "dispute" letter is not really that meaningful under FDCPA law.
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That's outrageous. Would enjoy litigating that clause.
I wish I were back in that class so I could ask my prof about that "You give up your rights even if the contract is broken" question. It seems to me that, once contract is broken, there's no more legal agreement between you. Plus, it's not defamation if it's true!
Thanks.Quote:
Originally Posted by spqrzilla
I appreciate the clarification.
If you do go to battle on this, try and be certain about one of the details you described here: Did you ask if there were any other fees or charges before or AFTER you signed the contract? It's important because if it's BEFORE you signed the contract, the signature negates the verbal. If it was asked and answered AFTER you signed the contract, you have a modified contract and can enforce the last thing agreed to, verbal or otherwise. It's best if you had a witness. I learned this when I signed a car lease and THEN before handing it to the salesman I asked a few questions. He misrepresented some things. I fortunately had a witness and I won. Saved me several thousand dollars and all it cost was $50 for a lawyer to write a couple of letters.