Contract Clause

[andybloedow]

Hi All,

Does anyone out there have a liqudated damage clause in thier business, contracter contract?

Thank you in advance,

-AB

[*Mike*]

Okay, humor me, but I need a few more details... What exactly is a "liquidated damage clause?"

[mr_e]

It's a clause that stipulates an amount the breaching party pays to the non breaching party of a contract if the contract is breached (that's a lot of breaches :D)

It usually only flies if the actual damages are uncertain or impossible to calculate definitively, and it has to be fair, aka can't be outrageously high or the courts will just throw it out

/not a lawyer

[andybloedow]

Hi Mike, and thank you mr _e. Yes thats exactly what im talking about. Do you guys use them?

Best,

Andy

[*Mike*]

Ah. That makes sense. :)

'Fraid I'm not going to be of much help here, though. For our wedding work, we have multiple in-house shooters, so if someone has to be there we'll usually use one of our own.

For those gigs where we'll take along someone else, a random photog that wants some work or experience, it's usually not a contractual requirement for us... so, if they flake out it's not too big a deal. I'd still kill 'em, but my client wouldn't sue me.

[andybloedow]

Gotcha! Thanks anyways Mike.

Hopefully, someone here uses one?

-Andy

[sapearl]

Hi Andy - welcome to the forum. I have what I would consider an "acts of God clause" and state that all deposits would be returned in the event of nonperformance if that's what you mean.

Usually this is something that's discussed with the client at the time of signing. I don't want them to be surprised by anything "In the event of...." and I'm very up front with them regarding all the efforts I will make to insure that I or somebody in my place will cover their wedding. But then I do primarily weddings and events, which might not address some of things in which you are interested.

[andybloedow]

Thank you Sapearl for your feedback and welcome.

This is for a commercial advertising contract situation.

Specifically, if anyone has or uses, a liqudated damages provision clause in the contract that they use?

Best,

Andy

[sapearl]

You're welcome Andy - sorry, that's the best answer I could give.... anything else I'd just be making up.:lol: Give it a day or so though as I'm sure others with more experience will see your post and offer comments/suggestions. I know from past posts that there are a number of commercial folks here, so I'd be surprised if you didn't get some good input soon.

Thank you Sapearl for your feedback and welcome.

This is for a commercial advertising contract situation.

Specifically, if anyone has or uses, a liqudated damages provision clause in the contract that they use?

Best,

Andy

[andybloedow]

Thanks again Sapearl, I'm sure somebody out there has used one.

Best,

AB