Can I Break My Wedding Venue Contract If COVID Gets In the Way?

The last eight months have changed all of our lives in ways we never could have imagined. More people are working from home, schooling your children over zoom is a nightmare and trying to plan otherwise celebratory events like weddings has become a complete and total mess. For those who planned on getting married this year, they were quickly confronted with the complications that accompany COVID, most especially, the state and local mandated shut downs and now, the indoor occupancy limits. Weddings have been cancelled or postponed to 2021 with hopes that we get this virus under control by then.

For the couples planning their weddings, this has added an unexpected, and frankly, unwanted element to the process. Trying to plan around a virus that is spreading and not knowing when it will be safe for everyone to be inside at full capacity again, makes the wedding planning process that much more complicated. One scenario that is all too common for many, might sound something like this:

“When I signed the contract for my wedding venue, we were under the impression that the wedding would be held inside, but now I am being told that if COVID is not contained by my wedding date next year, we will have to get married outside in a tent . . . . If that happens, can I just break the contract and walk away?”

I’ve been asked this question a few times before and the short answer is almost always a resounding, no. However, the first order of business is to get a look at the contract to see what it says. For the most part, any contract signed before March 2020, will likely not include any language pertaining to COVID as it wasn’t anticipated. Despite this, some contracts may have a force majeure clause, which depending on the wording, could potentially provide an out to the contract, although currently, it’s seeming highly unlikely.

Wedding venue contracts will typically address issues like room changes or food menu changes, which are common issues that can occur on the day of the wedding, which can at least be anticipated. As for the actual physical location of the ceremony/reception, most wedding venue contracts won’t consider a situation like COVID and therefore won’t accommodate for having the wedding outdoors.

Given these circumstances, the best step forward is to see if the wedding venue contract allows for amendments or changes to the contract. Most contracts will include this language and typically require that any changes be made in writing and be signed by both parties. Since both the couple and wedding venue didn’t anticipate that the wedding might be held outdoors (due to COVID), there’s room to negotiate. Although it may be difficult, it is worth exploring and working with the venue to come up with alternative solutions should state and local governments place restrictions on indoor occupancy limits, forcing the wedding outside.

The amendment should include an option to postpone the wedding to a later date or give the couple an opportunity to walk away from the contract, if it must be held outdoors. This may cause a stir with the venue and potentially place the couple at risk with respect to the deposits; however, this can also be addressed in the potential amendment. The couple and venue can agree that a portion of the deposit is returned if this situation arises.

Ultimately, the best option in these circumstances is to negotiate an amendment to the original wedding venue contract to accommodate for COVID related issues. Unfortunately, simply walking away and breaching the contract, opens the couple up to liability exposure which could lead to litigation and resulting financial consequences. If you’re experiencing this issue with your contract, do not hesitate to reach out to an attorney to discuss this matter further.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.