Contractual terms for multiple payees at DVinfo.net

Go Back   DV Info Net > Special Interest Areas > Wedding / Event Videography Techniques

Wedding / Event Videography Techniques
Shooting non-repeatable events: weddings, recitals, plays, performances...


Reply
 
Thread Tools Search this Thread
Old February 15th, 2012, 11:00 PM   #1
Major Player
 
Join Date: May 2005
Location: Boston, MA
Posts: 688
Contractual terms for multiple payees

Anyone care to contribute some info on how they deal with multiple payees for one wedding date? Often I'll have the bride put down a deposit, then parents pay the balance. There sometimes could be 3 payees.

Does anyone actually make every different payee sign a contract? Or is there something that can be written into the original contract that can deal with multiple payees?

I did a thread search for this and came up with nothing.

***yeah, I realize no one is giving official professional legal advice in this forum because of our litigious society ...blah blah blah to that boring tripe. Just looking to find out the common way others handle it, which I'll verify the legality of on my own. thx
Craig Terott is offline   Reply With Quote
Old February 16th, 2012, 12:35 AM   #2
Major Player
 
Join Date: Jul 2006
Location: NYC Area.
Posts: 550
Re: Contractual terms for multiple payees

This is how I do it (which I actually saw in a movie once too and was like "wow thats how I do it!"):

The couple is my client. I don't want money coming from all different directions confusing people with who the client is. The couple is the client, the couple is who gives me the check.

If their parents want to pay, their grandparents want to pay, etc, then those people are to give the couple the money and they can then pass it on to me.
__________________
Red Epic available for rent, starting at $500 per day, Scarlets, and Lenses available too. rentals.maddalenamedia.com
Louis Maddalena is offline   Reply With Quote
Old February 16th, 2012, 06:01 AM   #3
Inner Circle
 
Join Date: Jan 2003
Location: Chicago, IL
Posts: 6,609
Re: Contractual terms for multiple payees

All money is green. The couple is my client. They sign the paperwork but if mom and dad or the grandparents want to pay, if a stranger off the street wants to pay, frankly to me it doesn't really matter. The money is applied to the correct client, I indicate who the money came from, who it's for put the money in the bank and move on. Frankly I don't really give a hoot who pays as long as they spell my name right.
I've had weddings where the couple comes in with 2 sets of parents each (divorce all around) and each set of parents put up X dollars. Be it check cash or credit card it all goes to the B&G paperwork to pay for the video on that date. Again, not to sound like a jerkk, but frankly why does it matter who pays as long as YOU document the money/payments properly and have a strong service agreement, no one can come back to you later.
Cash is King, Long live CASH!!!!!

0|0
\--/
__________________
What do I know? I'm just a video-O-grafer.
Don
Don Bloom is offline   Reply With Quote
Old February 16th, 2012, 06:55 AM   #4
Major Player
 
Join Date: Feb 2009
Location: Lakeland Florida
Posts: 619
Re: Contractual terms for multiple payees

I agree with Don. I'm happy to get paid however they pay me. My wife enjoys trips to the bank. Keeping the paperwork in order is part of running your own business.
__________________
Roger
trueviewfilms.com
Roger Van Duyn is offline   Reply With Quote
Old February 16th, 2012, 09:13 AM   #5
Major Player
 
Join Date: May 2005
Location: Boston, MA
Posts: 688
Re: Contractual terms for multiple payees

My question is not in regard to keeping a record of who paid - that's trivial.

My concern, is the contractual obligation when different payees are involved. If dad pays, but dad never signed anything with me, dad is not bound to the terms of the contract that the bride signed and could hypothetically dispute anything.

In 10 years I've never had a problem - but I'm not blind to the possibility. And now that the checks are larger I've been giving it more thought.

As Louis suggested, having all payments originate from B&G is probably the only way but I wasn't sure if there was something that could be written into the one contract to cover multiple payees.
Craig Terott is offline   Reply With Quote
Old February 16th, 2012, 10:46 AM   #6
Major Player
 
Join Date: May 2011
Location: Grand Rapids, MI
Posts: 236
Re: Contractual terms for multiple payees

I understand your concern, but really I don't think having anything in the contract about who is paying what is that necessary...The people under contract are the bride and groom, so in the end they are responsible for making sure you are paid, regardless of who is writing the check.

When the bride and groom gets their statement or whatever you send out showing their balance due, they will make sure whoever is writing the check does it. And if they don't, contractually you're in the clear because it is their responsibility as the other person who signed the contract. To me anyway...
Katie Fasel is offline   Reply With Quote
Old February 16th, 2012, 01:57 PM   #7
Major Player
 
Join Date: Jul 2006
Location: NYC Area.
Posts: 550
Re: Contractual terms for multiple payees

However there is also the issue that a lot of people are paying and one grandma that paid 25% is demanding that she have it edited the way she like it but then the bride likes what you originally did, but the grandma thinks she has the right to demand things because she paid up and the bride herself did not. I tell everybody that the Bride and Groom are my primary focus and to keep it that way the money must come from them even if it comes from somebody else first.
__________________
Red Epic available for rent, starting at $500 per day, Scarlets, and Lenses available too. rentals.maddalenamedia.com
Louis Maddalena is offline   Reply With Quote
Old February 16th, 2012, 03:07 PM   #8
Major Player
 
Join Date: May 2011
Location: Grand Rapids, MI
Posts: 236
Re: Contractual terms for multiple payees

I didn't really think about that. I hope I never have clients like that (or people paying for clients).

Again though, contractually you are only obligated to please the bride and groom. If you did change your contract to include multiple payees, that seems like it would present the problem of having to please everyone whose name was on that contract.
Katie Fasel is offline   Reply With Quote
Old February 16th, 2012, 04:55 PM   #9
Regular Crew
 
Join Date: Apr 2010
Location: Byron Center, MI
Posts: 128
Re: Contractual terms for multiple payees

I can speak from real world experience as I just had this sort of thing happen to me a few months ago. Mom and Dad paid the retainer and the bride and groom paid the balance with their joint checking account. Things didn't turn out so well with the bride and groom and now her parents (who paid the retainer) are insisting that the video be delivered to themselves and NOT the groom. I ran this past my attorney and he basically said what everyone else here is saying...which is, it's irrelevant who made any kind of payment towards the wedding. The only thing that matters is who signed the service agreement and if their name isn't on the agreement then they would have no "claim" in court.

Quote:
Originally Posted by Craig Terott View Post
My concern, is the contractual obligation when different payees are involved. If dad pays, but dad never signed anything with me, dad is not bound to the terms of the contract that the bride signed and could hypothetically dispute anything.
The problem with todays legal world is that anyone can hypothetically dispute or sue for just about any reason you can think of, heck you can sue your neighbor because you don't like the way they look, but by the time the dispute reaches the court system, if it reaches the court system, it will be thrown out on the grounds that it is baseless or frivolous. According to my attorney, in this situation, because Mom and Dad did NOT sign my agreement, they are not bound to the terms of the agreement and therefore have absolutely no say in the matter.
Michael Bray is offline   Reply With Quote
Old February 16th, 2012, 05:38 PM   #10
Inner Circle
 
Join Date: Jul 2009
Location: Perth, Western Australia
Posts: 8,222
Re: Contractual terms for multiple payees

I have never had an issue with who is paying for what and how much. Again, with me, the couple are the clients and whatever complicated arrangements they have for who is paying what portion is their problem not mine. I usually give them bank details and they do an internet transfer to my account. I really don't care if Mum, Uncle or the Bride actually did the transfer and regardless of that I sent a confirmation of payment to the couple.

Chris
Chris Harding is offline   Reply With Quote
Old February 16th, 2012, 05:49 PM   #11
Inner Circle
 
Join Date: Jan 2003
Location: Chicago, IL
Posts: 6,609
Re: Contractual terms for multiple payees

True story. About 15 years ago I had a wedding. (imagine that) I showed up at the hotel with the photographer and even the DJ showed up. Everything in the one venue, DJ to set up for the ceremony and the photog and I to shoot prep. Well, the bride wasn't there. No one was. I called the brides house, mom answered and she told me the wedding had been called off. She was extremely apologetic about not calling, the photog, dj or myself. It seems the bride caught the groom dipping his pen in the company ink well while at their new house if you know what I mean. Hmmm, not good.
I waited a few days and called the bride and talked to her for a bit and explained the moneys paid in were not refundable and she was cool with that. I even spoke to her dad and explained that the moneys were not refundable. He too was very understanding.
The very next day the (ex)groom called and demanded the money be refunded to him. I told him that according to my service agreement the money was not refundable AND HE did not sign the agreement. The bride did and if any money WAS to be refunded it would go to her. He got a bit huffy and told me he was going to sue me. I said fine, get pen and paper so I can give you the name and number of my attorney and our conversations were over. Any further contact was to be thru my attorney.
Long story short I DID refund 50% to the brides father (I felt bad for her and her family..a weak moment I guess) and no, I never heard from the groom again.
It's who signs the agreement not who's name is on the check or credit card. At least accoring to my attorneys.
__________________
What do I know? I'm just a video-O-grafer.
Don
Don Bloom is offline   Reply With Quote
Old February 16th, 2012, 09:12 PM   #12
Major Player
 
Join Date: May 2005
Location: Boston, MA
Posts: 688
Re: Contractual terms for multiple payees

Thanks for sharing that Don. A very real-world experience.

Incidentally, it made me think of something else I may have overlooked ...I have no verbiage in my contract about the final payment being non-refundable.
Craig Terott is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > Special Interest Areas > Wedding / Event Videography Techniques

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 06:54 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network