The failure to perform provision

A short time ago I wrote an introductory blog post about the importance of wedding contracts. This blog post is a follow-up examining one aspect of my contract. This post is on the failure to perform provision in the contract.

I have been asked on more than one occasion this question: What happens if I am unable to attend the contracted wedding for any reason and thus fail to perform my duties. I can say this right now – I believe the only thing that would keep me from attending a contracted wedding was if I was injured or killed in a car accident on the way to the wedding. I have never missed a wedding.

That being said, the failure to perform provision is understandably a legitimate concern for any bride. What happens if the photographer, or any vendor for that matter, is unable to attend the wedding?

Provision spelled out

Here is what is written in my contract under the cancellation and failure to perform clause: “If the Photographer is unable to perform this Agreement due to impossibility, illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer will make every attempt to provide a Substitute Photographer per the provisions in this Agreement.”

Basically that means if I know I am unable to attend a contracted wedding it is my responsibility to find a substitute photographer for that day. I know several wedding photographers I can call on to do the job.

However, what about if I don’t know that I’m unable to attend until the day of the wedding. That makes it extremely difficult to find a substitute. Of course, every effort would be made to do so. But what happens if the aforementioned example occurs. If I am in the hospital following a car crash it is unlikely that I can find a substitute photographer at that point.

All wedding vendors need this provision

The same is true for any wedding vendor – the band or disc jockey, the officiant, the cake maker, the florist, etc. Anything can happen and it is important for brides and grooms to realize that. Every vendor needs a failure to perform provision in their contracts.

If I as photographer am unable to provide a substitute photographer arising from situations occurring at least 30 days before the wedding, the photographer will provide written notice and provide a refund.