Vendor backed out their contract... what to do?

[Taky Cheung]

A customer of mine signed a contract with a company for their DJ+MC service and left deposit 9 months ago. The wedding is 2.5 months from now. Recently, the MC contacted them saying he has another client book him full service on the same day. He claimed "as a business point of view", he will take the new job (because of higher profit) and thus return the deposit to my customer + 20% as gift (it was 10% first).

Obviously, my customer is really angry. The contract and deposit were a way to secure the service. There isn't any clause in the contract stating the company can not honored the contract for any reason. What can the customer do?

[Don Bloom]

Nothing. Your customer can be pissed and can tell all friends not to do business with the vendor but he should NOT post it on line anywhere. The vendor could sue for slander or libel. Your customer needs to find someone else fast-the other guy will put himself out of business soon enough if he keeps doing business like that.

It been my experience that the first client that gives me the paperwork and retainer gets my services. I've given up higher paying work but since its my reputation on the line I do what I feel is the right thing to do. I was hired got signed paperwork, a retainer, I'm theirs no matter what. But that's just me.

[Taky Cheung]

I'm with you... whoever signed me with first will retain my service. I think it's really unethical and unprofessional for that DJ to behave that way.

On the other hand, the bride found this DJ through some bridal forums and previous friends wedding. So she will post her experience in those forum. If everything she said is true to the fact, I don't think she should worry about being sued.

I will also stop referring business to this DJ..

[Chris Harding]

Hi Taky

If I had to pull out of a contract, (say I broke a leg??) then I would refund the client. Cancelling a contract cos you got a better deal is a sure way to run your business into the ground!! He will get really bad publicity and you will certainly not hire him again either. His actions for a few more dollars are foolish!!!

Just explain to your client, find someone else and never deal with the DJ again!!!

Your ethics will prove that you are the better person!!!

Chris

[Taky Cheung]

Very welll said Chris. If there're some excusable situation (like you said.. broke a leg), that will be different. It's funny that DJ has no business sense at all. He said in the email, "from the business point of view", that he wants to maximize the profit and utilize all his production elements, that is very unethical.

He also planned everything well. He refer the customer a wedding planner. That wedding planner can also MC event. He already checked with the MC if she's okay to MC the event before he emailed that customer. But still, it's a very slimy act.

I helped the bride to find a DJ now. She will have the wedding planner as the MC.

[Louis Maddalena]

Originally Posted by Don Bloom

Nothing. Your customer can be pissed and can tell all friends not to do business with the vendor but he should NOT post it on line anywhere. The vendor could sue for slander or libel.

Obviously I would consult a lawyer since I am not one, however, from my understanding of the law the media (which maybe online mediums can be counted as such) can publish anything they want about anybody and be safe from being sued for slander if what they publish is true.

I might also contact a lawyer because if they signed a contract they might be legally bound to show up regardless of what makes "sense" from a business standpoint.

[Don Bloom]

Why waste the money on a lawyer? In the age of the internet with all the social netwroking sites, the vendors sites like the Knot and others, word spreads fast but all you have to do is read about this guy or that guy that sued for libel. Do the suits get anywhere? Probably not but it's a hassel in the meantime. Time lost. money spendt, honestly, it's just not worth it.

As to whether or not the DJ is legally bound to show up because of the contract, first, it depends on the wording of the contract, 2nd, the client signed it regardless of the wording and thirdly, frankly at this point why would the client want the vendor there to DJ and MC the event. I've seen people that do just enough to keep from getting "fired" do the job and man, you really regret hiring them. IOW, the DJ can do just enough to get by but doesn't have to go out and do a really good job and then the event falls flats because the client and vendor got into a pissing contest and the DJ lost. Try to prove in court that he did a bad job. Good luck with that.
Get the money back, find someone else, let people know about his tactics without putting yourself in jeopardy and move on. There have always been and will always be vendors like this. They eventually weed themselves out.
Some will, some won't, so what, who's next. Move on.

[Louis Maddalena]

All valid points. I guess it does make more sense to find somebody else and leave this person behind. It just makes me angry when vendor don't own up to their commitment for brides.

[Taky Cheung]

More news came in last night. The DJ admitted the REAL reason he retracted was the bride picked a service provided by another company but didn't choose him. He claims "this was my professional decisions to avoid any awkardness, and is for the best interest of my event".

I think this decision is complete personal.

[Don Bloom]

So if I understand correctly, the bride hired another vendor to replace this one?

If that's what happened then it was her perogotive and IF that's what happened she's lucky he returned the retainer.

Of course who knows what really happened right!?

OK done deal.

[Philip Howells]

Most of the advice here gets to the point, take the money and sort out a new supplier.

Revenge is a dish best served cold. Decide whether it's worth it after the wedding - and remember to check whether by accepting the higher apology money you also agreed not to publicise his behaviour.

[Taky Cheung]

The B&G just have to take the deposit back (and 20% fee as gift from the DJ). They were upset but it is what it is. I helped them find another DJ and she sourced a new MC.

[Christopher Figueroa]

What I don't get is why didn't the DJ just book both jobs? Companies can only grow when they have multiple crews. The DJ needs to understand that in order to grow his business he needs to hire more workers and that his company is bigger than him.

In the Bronx there's a very famous DJ thats heard on the radio and in clubs and he does weddings. But he can only do 1 a night. Therefore he has 5 crews and he makes a killing.

The "business savvy" DJ mentioned in this forum won't be around for long.

[Don Bloom]

Taky,
I have to ask, is it common in your area to have a seperate MC and DJ?

I ask because around here the DJ generally acts as the MC.

I'm just curious about different areas typical ways of doing things.

[Taky Cheung]

The truth came out.. the DJ wasn't double booked. He just not comfortable doing the job with another vendor he doesn't like. He told the customer it's a business decision and for her best interest not to do the job. But the fact is, it's all personal decision and unprofessional.

It was really sad that DJ is a really good MC. He hosted receptions well can always get the party going. He's ruining his business in my opinion.