
Insight
Wedding planning is often filled with excitement and anticipation; choosing a wedding venue is thought to be one of the most important decisions to be made. A carefully drafted rental contract for wedding venues is crucial not only to protect the interests of all involved but also to maintain a productive and positive relationship between the parties.
Drawing on our extensive experience working with prestigious estates and venues across the country, we have helped numerous organisations establish and optimise their wedding venue operations. This hands-on involvement in venue management and set-up has given us unique insights into the practical challenges and legal considerations venues face. This article provides a comprehensive look at the key clauses to be included in wedding venue contracts so that adequate safeguards are in place to ensure the big day runs as smoothly as possible!
It may appear obvious but the specifics of the wedding event (start time, end time, set-up and breakdown periods) should all be clearly stated within the contract. Having clear-cut time restrictions will avoid any confusion between the parties. The contract should also specify whether any additional charges will be due if the event extends beyond the designated time frame.
Payment terms are key and should be outlined in detail so the clients are aware of the booking deposit amount, the overall balance and when the payments are due. A specific deposit clause is an important element of the contract as it will secure financial commitment and confirm the booking. A venue normally requires a deposit at the time of booking, usually a percentage of the total venue fees, and should specify whether the deposit is refundable (and, if so, under what circumstances).
A detailed and well laid out cancellation policy is critical to manage risks and ensure both parties are aware of their rights and obligations. Wedding venues will often want to tailor the cancellation policy to the nature of the event and the time remaining before the date. For example, in the event of an early cancellation (12 months or more), a full refund of the deposit may be due. However for late cancellations (6 months or less), the venue may decide to retain the deposit and charge a percentage of the total cost.
The venue should consider what circumstances will constitute a cancellation (i.e., unforeseen life events or force majeure events) and the procedure for notifying the venue (i.e., written or verbal notice). It would be prudent for the contract to clearly outline timelines for when a cancellation request should be made in order to best protect the venue’s interests whilst maintaining fairness.
A venue contract should explain the requirement for clients to have adequate event insurance in place to cover personal injury or property damage. The contract should also state the level of insurance cover the venue has and make it clear that the clients will be primarily responsible for the actions of their guests and any contractors/suppliers used throughout the event. The venue should also ensure an indemnity clause is included to protect it from liability arising due to actions of the clients, their guests or any third party suppliers.
Clients will often want to use their own chosen suppliers (i.e., caterers, florists, musicians) so the venue needs to be clear in the contract whether the client is required to use a preferred/approved list only or whether external suppliers and vendors are permitted. The venue will want to ensure all suppliers and vendors abide by its rules and regulations (including health and safety policies) and, as mentioned above, the venue may seek recourse from the client in relation to any damages caused by the external parties.
The importance of a robust force majeure clause in wedding venue contracts became especially evident in the aftermath of the COVID-19 pandemic. Lockdowns and sudden event cancellations had a catastrophic effect for venues and many were forced to navigate unprecedented disruptions. A well drafted force majeure clause will protect the venue and the client when events happen outside of either party’s control that result in failure to meet contractual obligations. The clause should outline specific events that would qualify as a force majeure event (such as government imposed restrictions, natural disasters, pandemics or epidemics) and should clearly define the actions to be taken if such events occur, such as the ability to reschedule or offer a refund.
Cleaning and Damage Responsibilities. The venue should make it clear that the client is responsible for leaving the premises in an acceptable condition and specify whether any cleaning is required. The venue should also consider the process for recovering costs for any damages to property or equipment.
Health and Safety. The venue should consider whether there are any restrictions with using potential fire hazards (such as candles, fireworks or sparklers) and any client responsibilities should be clearly listed in order to minimise potential risk and ensure both parties are prepared in the event of an emergency.
Occupancy and Restrictions. The contract should specify the exact number of guests allowed and outline any venue policies or restrictions such as noise levels and curfew times in order to avoid breaching public nuisance laws.
GDPR and Data Protection. The venue should consider their rights and obligations regarding storage of client and guest information under GDPR. If the venue wishes to market to these individuals in the future, they should plan for this in advance and ensure their legal documentation clearly reflects this in order to obtain consent.
Alcohol and Licencing Requirements. Any alcohol licence held by the venue should be outlined in the contract along with details about the type of alcohol permitted (i.e., beer, wine, spirits) and the hours during which they can be served. The venue should also specify whether the client is permitted to bring their own alcohol and what corkage fees will apply, if any. Additionally, the contract should stipulate the venue’s right to cease alcohol service if necessary to prevent underage drinking and manage intoxication levels, safeguarding the welfare of the clients and guests.
Dispute Resolution. A clearly defined dispute resolution process will provide clarity on how issues will be handled, and what the timeframes are for making claims. It will also specify the methods for resolving disputes such as mediation or litigation.
A comprehensive venue rental contract is crucial for ensuring both wedding venues and clients are fully informed about their right and responsibilities. By including the key clauses discussed above, venues can safeguard their business and reduce the level of risk while providing a clear framework and maintaining strong relationships with clients.
Whether you are a wedding venue owner or planning a wedding yourself, it is imperative to work closely with legal professionals in order to tailor venue contracts and make sure they remain compliant with UK law and industry best practices. Our commercial team has extensive experience in drafting and negotiating wedding venue contracts and we would be happy to assist you further, please contact us.