Wedding Industry Law - podcast cover

Wedding Industry Law

News, information, and commentary on the law affecting wedding industry professionals. Hosted by wedding lawyer Rob.
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Episodes

46. Can you use photos of event guests to promote your business?

🤷🏻‍♀️ After hitting it off with the couple, you sent over your contract to sign. When it comes back it’s got more red splashed on it than a GoT episode. When do you capitulate, when do you stick to your guns? When do you keep going, when do you run? In this week’s episode, we talk about considerations to make when a client wants multiple changes to your contract. Maurice Ross FB (& piano): https://www.facebook.com/mauricemichaelross/ Laura-Michell Horgan: https://www.instagram.com/lmhorgan...

Feb 01, 202125 minSeason 1Ep. 46

45. Do you need a quantum meruit clause for your client contract?

🤷🏻‍♀️ Quantum meruit is latin for “what one has earned.” At least that’s what wikipedia says. But it also is a way for a person who has performed work for someone to receive $$$ if there is no breach of contract claim. But will a “quantum meruit clause” help you in your client contract if the client wants to cancel, or if there is the dreaded ‘force majeure’ event? This week on the podcast we dive deep into this topic. Also, I talk about best practices for making sure that you get jab lu' DI' ...

Jan 25, 202114 minSeason 1Ep. 45

44. What to do when the client marks up your contract

🤷🏻‍♀️ After hitting it off with the couple, you sent over your contract to sign. When it comes back it’s got more red splashed on it than a GoT episode. When do you capitulate, when do you stick to your guns? When do you keep going, when do you run? In this week’s episode, we talk about considerations to make when a client wants multiple changes to your contract.

Jan 18, 202111 minSeason 1Ep. 44

43. Cutting non-essential terms from your contract

🤷🏻‍♀️ Does your contract look like a scroll and read like the riot act? Last week we talked about how long your contract should be, this week on the show we’re going to address some “fluff” that may be taking up valuable space in your contract. In this episode: ✔️What’s the difference between “non-essential” and “essential” terms ✔️How can we cut some of the fat from the contract? ✔️What ingredients make or break a taco

Jan 10, 202118 minSeason 1Ep. 43

42. How long should your contract be?

🤷🏻‍♀️ Essentially, a contract should contain only the amount of words necessary to maximize legal and/or business protections for the parties. But what does that mean for a wedding professional? Are we talking 50 pages? 1 page in 4 point font? In this week’s episode, we talk about considerations affecting contract length.

Jan 04, 202114 minSeason 1Ep. 42

41. What to know about Covid-19 for 2021

🤷🏻‍♀️ The first Covid-19 vaccines are currently being administered (or soon will be). But does this change the algebra for your events heading into 2021? In this week’s episode, five things to know about Covid-19 for your wedding business in 2021. In this episode: ✔️Covid clauses vs. force majeure ✔️When is a wedding not a wedding? ✔️Policies and procedures for everyone!

Dec 14, 202019 minSeason 1Ep. 41

40. Do you need a photo release in your client contract?

at the wedding. Any wedding professional who intends to take photos at the event should consider a photo release in their client contract. But what all should the release cover? Find out in this week’s episode! In this episode: ✔️What happens if you don’t have a release ✔️Who does the release apply to? ✔️How does copyright relate to the release, if at all?

Dec 07, 202015 minSeason 1Ep. 40

39. Can the law protect event design?

🤷🏻‍♀️ Great event designers are sought after because of their unique flare, vision, and personality. Even the most boring wedding requires at least some amount of creativity. So, how is wedding and event design any different that photography, fashion, or music? All three of those fields enjoy strong protection from intellectual property law. This week on the podcast, we talk with intellectual property lawyer Leila Amineddoleh about how the law approaches event design, as well as how creatives ...

Nov 30, 202026 minSeason 1Ep. 39

38. Can your client contract require a meal?

🤷🏻‍♀️ Happy Thanksgiving! Nothing says Thanksgiving like stuffing yourself full of food. But what about your client contract? Is it legal to require your client to provide you or your crew a meal? What happens if you are stuffing your face and you miss an important piece of the action? This week on the podcast, we talk about how your contract can help keep you safe and your belly full. In this episode: ✔️Recommendations for your "meal requirement" ✔️How is a vendor meal term enforced?...

Nov 23, 202017 minSeason 1Ep. 38

37. Is it legal to use drones to photograph a wedding?

🤷🏻‍♀️ Are you thinking about hiring a drone operator to photograph a wedding? Are you a venue and would love aerial footage of your premises? Hold on there, Goose! There could be some legal bogies on your tail. This week in the podcast, we dig deep into the legal implications of drone use at events with The Drone Lawyer Jonathan Rupprecht. In this episode: ✔️Do FAA regulations REALLY apply to my drone? ✔️Top recommendations when hiring a drone operator ✔️Tips on reducing likelihood of negligen...

Nov 16, 202031 minSeason 1Ep. 37

36. Can you trademark a wedding cake's design?

🤷🏻‍♀️ We know that you can copyright the lyrics of a song and that you can trademark your logo. Why? Because they’re expressions of a creative idea and the designation of your specific brand, respectively. But what about the design of a cake? Are you allowed to protect the signature way your cake looks or feels? This week on the podcast, we talk to intellectual property attorney Hannah Brown about having your cake (design) and eating it too. ✔️What do copyright and trademark have to do with ca...

Nov 09, 202021 minSeason 1Ep. 36

What does the limited liability contract clause do?

🤷🏻‍♀️ Do you have a limited liability clause in your client contract? Good! But what does it do? What kinds of liabilities are limited, and by how much are they limited? Answers to all this, and more, on this week’s podcast ✔️How does limited liability in contracts work? ✔️What are some examples of limited liability in the real world? ✔️What are the limits of the limited liability (pun intended)?

Nov 02, 202015 minSeason 1Ep. 35

34. Should you mediate your disputes?

🤷🏻‍♀️ Is mediation always a good idea for your wedding business? What are the advantages and disadvantages? If you’re in a Hatfield and McCoy style dispute with your client, and it’s looking like it is headed to court, check out this week’s podcast as I talk about how to know if mediation is right for you. In this episode ✔️How does mediation work? ✔️What are the advantages of mediation? Drawbacks? ✔️When are the times when you should just file a lawsuit

Oct 26, 202023 minSeason 1Ep. 34

33. Can you charge a rebooking fee?!

🤷🏻‍♀️ When the client wants to change the date around, are you allowed to charge a fee? If so, how much can you charge? What are some considerations that may be made to make sure that your rebooking fee is enforceable? In this episode find out: ✔️Whether rebooking fees are OK ✔️Considerations when making your rebooking fee policy ✔️What happens if your contract doesn’t say anything about a fee?

Oct 19, 202014 minSeason 1Ep. 33

32. How to fight chargebacks

In an attempt to get deposits back, some clients resort to disputing credit card charges resulting in chargebacks. This week on the podcast, we welcome online business lawyer @ninathelawyer to talk about what we can do to fight and win chargebacks. Learn more about Nina Marinaro:Website: https://ninamarinaro.com/ Contract Templates: https://ninamarinaro.com/templates/ Instagram: @ninathelawyer

Oct 12, 202029 minSeason 1Ep. 32

31. Covid-19 tax tips for your business

There are tax holes for everything. As the wedding and event industry struggles through Covid, it’s more important than ever to save every dime. This week on the podcast, we welcome tax lawyer Jason Wiggam to talk about covid-related tips for deductions, write-offs, PPP, and fighting the IRS. What are the characteristics of an independent contractor? Why most employers think they have contractors but don’t Why the difference is critical to taxes, backpay, and injury liability Need to fight the I...

Oct 05, 202033 minSeason 1Ep. 31

30. Employee or contractor- What’s the difference?

🤷🏻‍♀️ Whether your workers are employees or independent contractors not only can affect your bottom line, but may present a significant risk to your operations. What is the difference and how does worker classification matter? This week on the podcast, we welcome business lawyer Braden Drake to talk about what makes an employee an employee, a contractor a contractor, and a little thing from California called AB5 that may find its way to the US Congress. In this episode: ✔️What are the characte...

Sep 28, 202027 minSeason 1Ep. 30

29. How to keep employees from your stealing clients

Have you ever had an employee, a contractor, or even an intern, pull a Jerry McGuire on you?Is there any way to guard your current and prospective client lists against ambitious staff? The answer is yes! This week on the podcast we talk with Janette Levey Frisch, employment attorney, on protecting your most valuable assets- your clients and your employees. In this episode find out: ✔️What are the rules for employees, interns, and contractors ✔️What is the difference between non-solicitation and ...

Sep 21, 202037 minSeason 1Ep. 29

28. Can your contract prevent bad reviews?

🤷🏻‍♀️ People wanting refunds can be vicious. Some hold ‘bad reviews’ over your head like blackmail. What can you do about it? Can your contract forbid the client from giving you a bad review? This week on the podcast, we talk all about it. ✨ “No Review” Clauses → Yes or No???? ✨ Sometimes we want to make sure a client keeps their trap shut from the beginning of the relationship. What are the documents that allow this take place? If not, what type of speech can you prevent? The answers will sur...

Sep 14, 202013 minSeason 1Ep. 28

27. Three Tips for a Rock Solid Settlement Agreement

🤷🏻‍♀️ Ever have to defend the job you did to an angry (soon-to-be-ex) client? Argue about an invoice? Refund money? FYI, there are optimal ways to resolve these types of situations so that you can walk away without staying up all night worrying about bad reviews or being sued. ✨ It’s all about the SETTLEMENT AGREEMENT ✨ A settlement agreement is different from a cancellation agreement. Why? Because when there’s been a dispute, extra language may be required to cover your but (i.e. fully settle...

Sep 07, 202014 minSeason 1Ep. 27

26. Three Tips for a Rock Solid Cancellation Agreement

🤷🏻‍♀️ Recent statistics show that over 20% of all engagements are called off.. Theoretically, that means 1 in 5 of your clients are going to approach you about cancelling their wedding. You have a cancellation agreement for them to sign, but is that going to protect you? What is a cancellation agreement good for? ✨ We got you covered! ✨ Most often, cancellation agreements are a document memorializing the parties’ desire to terminate an existing contract. In short, the obligations in the ‘cance...

Aug 31, 202011 minSeason 1Ep. 26

25. Four Tips for a Rock Solid Force Majeure Clause

🤷🏻‍♀️ At this point, you thought you knew everything there is to know about force majeure clauses. Are you sure about that? I must say, over the last few months of representing clients, reading through court decisions from across the country, and interviewing experts, I’m improving my knowledge of this concept and how to best use it to protect wedding professionals just like you. The goal? Keeping your money! On this week’s podcast, we talk about 4 ideas that will make your force majeure claus...

Aug 24, 202016 minSeason 1Ep. 25

24. Can clients fire you for supporting Black Lives Matter?

🤷🏻‍♀️ Can a client fire you for supporting Black Lives Matter? You read that right. An Ohio wedding photographer recently found herself in this situation. After posting BLM on her Instagram, a client demanded a refund. What are the obligations of the parties in that scenario? ✨ Freedom of speech or Freedom to contract? ✨ In this episode👉🏻 Link in Bio 👈🏻 find out ✔️Is political speech a breach of contract? ✔️Should you be worried about expressing yourself on social media? ✔️What is misrepre...

Aug 17, 202019 minSeason 1Ep. 24

23. The client signed! But do you really have a contract?

Is there a particular order to forming a legally binding contract with your client? In other words, do you have a deal with a handshake, a signed contract, receipt of money, or some combination? In truth, it depends! On this week’s podcast, learn how to avoid “contract formation” problems and start your client relationships on solid footing! Don’t worry- Your contract is your secret weapon Whether you have a binding agreement will often depend on what constitutes the client’s “acceptance” of you...

Aug 10, 202018 minSeason 1Ep. 23

22. Avoiding Covid-19 Lawsuits

🤷🏻‍♀️ You better believe that Covid-19 lawsuits are on the horizon. But what are the risks to your #weddingbusiness from your clients, your employees, or even guests when someone gets infected with Covid-19 at the event? On this week’s podcast, learn some rock solid ways to reduce the chances that you’ll end up in court because of Covid-19! ✨ Weddings aren’t cancelled- but operating unsafely is! ✨ How you interact with clients, employees, and event guests can determine whether you may be liabl...

Aug 03, 202017 minSeason 1Ep. 22

21. Making the Client Responsible for Guest Behavior

When is it OK to leave a client in the dust because of what a #wedding guest has done (broke your stuff or got handsy)? Is this a power that you can give yourself with your contract? As always, your contract is your secret weapon. This week, I discuss what it means to make a client “in charge,” and therefore responsible, for the conduct of attendees. We go a little deep in this one, but you’re gonna learn a bunch. In this episode, find out: What material breach is and why it's important What typ...

Jul 27, 202015 minSeason 1Ep. 21

20. LGBTQ Inclusive Contract & Marketing Language

A majority of Gen Z and Millennial couples rank LGBTQ allyship a priority when selecting wedding vendors. So, how are your values reflected in your day-to-day business operations and documents? Need some help with that? You got it! This week we chat with LGBTQ inclusivity expert Kathryn Hamm @mbkinsights on updating the language in your contracts and marketing materials. In this episode, you’ll learn: Words to use and not use Approaches to gender identity in your documents How to reduce your ass...

Jul 20, 202035 minSeason 1Ep. 20

19. Inclusivity & Avoiding LGBTQ Employment Discrimination

Last month, the Supreme Court ruled that employment discrimination based on sexual orientation or gender identity is unlawful. FINALLY! But what does this mean for you as an employer of #LGBTQ workers? Find out on this week’s podcast, you’ll learn: How to create an inclusive working environment Easy ways to prevent discrimination lawsuits HR recommendations for LGBTQ employees We welcome attorney Crystal Kesler @cklawga on the podcast to discuss. Crystal has experience representing victims of em...

Jul 13, 202031 minSeason 1Ep. 19

18. The One About the Million Dollar Defamation Case

After a wedding photographer was defamed on TV by former clients, she took her case to court. The result? A one million dollar verdict. What makes this case special and what can wedding pros learn from it? Find out when we talk to Dave Wishnew, the trial lawyer who handled the matter. Dave Wishnew: https://www.cwl.law/dave-wishnew Dallas News: https://www.dallasnews.com/news/courts/2017/08/04/bride-groom-who-slammed-dallas-wedding-photographer-online-in-media-must-pay-1-08m/...

Jul 06, 202030 minSeason 1Ep. 18

17. The One When is a Bad Review Defamation?

Thumper’s Mom didn’t live in the age of the internet. When does a disparaging review cross the line into actionable defamation? What are the elements of a defamation case and why are these difficult lawsuits to prove? All this and more on this week’s episode. Defamation Basics: http://weddingindustrylaw.com/wedding-vendor-online-reviews-defamation-or-simply-the-truth/ Can you make “no review” clauses in your contract? http://weddingindustrylaw.com/are-non-disparagement-or-no-review-clauses-in-we...

Jun 29, 202016 minSeason 1Ep. 17
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