The average cost of a wedding in Pennsylvania exceeds $32,000. For some couples, a DIY wedding is a great opportunity to avoid lavish spending, often celebrating with a smaller number of guests using the help of smaller, often local vendors, notably on private property. Still, many businesses help make weddings happen – caterers, bakers, florists, photographers and more. Despite a smaller scale event, there are still liabilities to consider, both for the engaged couple and the contracted vendors or side hustlers. Make a vow to protect yourself or your wedding industry business from legal mistakes with these tips.
Tip #1: Abide by local zoning ordinances and laws
Perhaps you have decided to rent out your family farm as an event venue – the perfect spot for a rustic, Instagram-worthy wedding. A few things to consider in this business endeavor:
- How is your property zoned? Is your intended use permitted within the zoning district where your property is located? If your intended use does not fully align with local municipal zoning ordinances, you may need to seek appropriate zoning relief. You could be required to seek a variance, which requires a hearing before the local zoning hearing board. Should your variance be granted, it may come with “reasonable conditions,” i.e. modifications you need to make in order to gain full approval. A zoning attorney can help you navigate this process.
- Do you need permits? Beyond zoning, you may also need permits for various event purposes. For example, in absence of having a liquor license, you ought to obtain a special occasion permit to serve alcohol or ensure any vendor partners you allow on site have proper permits. Other permits to consider might be fireworks or noise permits, as well as sanitation permits for portable toilets. Be sure to contact your local municipality to ensure your space does not violate local ordinances, or risk facing fines or penalties.
- Ensure your space is properly insured. There are multiple types of insurance you will need, protecting your property against trips and falls, liquor liability and more.
While wedding vendors and small businesses must consider the intricacies of local laws and ordinances, couples who choose to get married and have their wedding celebrations in their own backyard or at a vacation rental property must also consider potential legal risks. Similar to an event vendor, an engaged couple who wants to host a DIY wedding should look into various permits or insurances that may be required to allow for the desired use of the property. You want to avoid any unnecessary fines or run-ins with local law enforcement – that would not be a great way to start off a marriage!
Tip #2: Do business as or with an LLC
Maybe you have a side hustle making floral arrangements, baking cakes, or shooting photography – all are great and necessary services in the wedding industry. But when should you go from casually making some extra money to actually formalizing your small business to protect yourself?
With so much at stake for something like a wedding, if you are a new or small business owner in the wedding industry, you should consider LLC formation to shield your personal assets from claims made against you, should anything go wrong. Plus, if your business is successful, you can experience other benefits, such as tax write-offs for expenses you incur while operating your business.
For the marrying couple, you can certainly save money working with friends and connections off handshakes and thumbs up emojis via text, but there is a beauty in working with legitimate business enterprises to ensure you get the services to make your day special. Vendors who have gone through the formal entity formation process are more likely to have the appropriate operations in place to fulfill their obligations and abide by wedding contracts.
Tip #3: Collaborate via customized contracts
There is a desire to jump in and grab a generic online contract when starting out in the wedding industry, especially for small-time vendors and solo practitioners such as photographers, stylists, and planners. However, there are several issues with DIY legal documents, including:
- Not tailored to your business needs – Weddings really are unique, and businesses in this industry are wise to address deposits and payment schedules. You should be accounting for what happens should the couple postpone the date that they need your services, or what happens if your camera technology fails and you lose all the wedding photos and videos and cannot deliver what you promised. Well drafted contracts are essential to protect your business.
- May be invalid – Contracts are typically only questioned when the relationship they cover fails; neither party wants to be disappointed when they discover that they’re not receiving compensation for services rendered or the agreed upon service, or that a contract is deemed invalid or unenforceable in a court of law. Plus, as your products, services, and offerings evolve, your contracts should too. Utilizing outdated documents potentially adds to risk factors, and an online legal service provider is rarely looking out for your best interest, rather just to make a “one and done” transaction.
- May limit or add liability – The pandemic highlighted the importance of protecting your business through the inclusion of force majeure clauses in a wedding vendor contract. You want to ensure that your contracts consider and account for all possible situations that could have an impact on your services and obligations. Generic online contracts do not always include these essential provisions. Although the pandemic and the effects it had on the wedding industry have mostly passed, you should always account for and do your best to protect your business from unforeseen situations. Conversely, you also want to be sure a template document taken from the internet does not put an undue burden or responsibility on your business, should an issue or litigation arise.
Where are the holes or gaps in your contract? A business attorney can help develop a meaningful document that is customized for your business and specifically what you do, taking into consideration state requirements and your unique business needs.
For a couple, the wedding day is all about the details, so consider having an attorney thoroughly review your wedding contracts to help ensure you get what you’re paying for and won’t feel like your vendors are leaving you at the altar!
Whether you’re the vendor putting forth the contract or the marrying party signing it, be sure that it properly addresses and protects event details and services accordingly.
Legal support for weddings
Getting married rarely requires an attorney (unless you need or want a prenup), but for those planning a DIY wedding, or starting and running a wedding industry business, a little legal support can help you avoid big, and potentially costly, mistakes.
Reach out to our attorneys in Allentown today to ensure your DIY big day, or your espousal enterprises, lead to happily ever after!
