Chicago area couple wants to cancel wedding but may not get their money back
CHICAGO - COVID-19 has forced us to put off or reschedule a lot of things. For many, that meant their wedding.
Some couples are now finding themselves in dire financial straits as they try to cancel their plans for their big day only to find out there is a big price to pay.
In May of 2018, Ricky Passi popped the question to his then-girlfriend, Rosa Perez. They were in Paris, in front of the Eiffel Tower.
Rosa says she was completely shocked and had no idea.
"He did such a good job," she laughed.
When the happy couple returned home, they spent several months looking for the right place to have their wedding and reception. In January of 2019, Ricky and Rosa signed a contract to tie the knot at Biagio Events on Chicago's Northwest Side on October 3, 2020. By September of 2019, they had paid in full their $11,000-plus wedding.
Ricky says as time went on, COVID struck and they asked Biagio's about what would happen.
"They came back and kinda said what Illinois guidelines were and that they were not able to have anybody in our room that was over 50 people," Passi said.
At the end of July 2020, they signed a new contract with Biagio to move their wedding date to March 6, 2021. By November, the former US Marine and his bride-to-be were concerned COVID would keep them from having the wedding of their dreams once again as Illinois rolled back to Phase Three restrictions. Shortly after that, Ricky contacted Biagio about canceling their wedding.
"They were adamantly opposed to it. They referenced the 'force majeure' clause they have in the contract," Passi said.
Attorney Junilla Sledziewski says "a force majeure clause would allow one or both parties to cancel the contract if they were unable to perform for certain designated reasons. Typically its things like acts of God."
Sledziewski specializes in small business issues. She says force majeure clauses often cover things like riots, lockouts, and even a pandemic. Sledziewski also says this type of clause has been around for years and didn't get a lot of attention until now.
Wedding warning: ‘Force majeure’ clause on contracts
Before COVID-19, a lot of people didn't look at the fine print while signing contracts with venues for their weddings. But when the pandemic hit, many couples found themselves out of a spot to get married and out of their deposit, too. Attorney and legal expert Junilla Sledziewski joined FOX 32 to talk about it.
Ricky says Biagio did offer different options on how their wedding and reception could be set up to follow current COVID guidelines, but it wouldn't look like the wedding he and Rosa envisioned. As for rescheduling their wedding again, Ricky and Rosa say it wasn't possible to line up the new dates from the venue with their photographer, videographer and other wedding vendors.
"In Ricky’s case, the contract does contain a clause that benefits the venue. It allows the venue to cancel, but it's not mutual so it doesn’t necessarily allow Ricky’s side to cancel the deal," Sledziewski said.
Sledziewski adds every clause is different and every state interprets force majeure clauses differently.
When their second wedding date had passed, Ricky contacted them again asking for their money back, but adding they could keep 10-percent. They say the last time they heard from the venue was on March 11 in an email stating they stand by the contract Ricky and Rosa signed. They also stated the couple has three options: schedule a new wedding date, use the money for Biagio catering or receive $11,000 in gift cards to use at the venue's other locations.
"If they hadn’t paid in full, they would have much more bargaining power, much more leverage with the business," said Linda Sherry, Director of National Priorities for Consumer Action.
Consumer advocates also suggest trying to negotiate how the force majeure clause is written before signing the contract. They also say the next step for Ricky and Rosa is to either try and reschedule their wedding again and ask the venue for some extra added concessions, or contact the Illinois Attorney General Office's consumer division.
FOX 32 News reached out to Biagio Events for a response, but they did not return our calls or emails.
As for Ricky and Rosa, they say they paid the wedding venue in full before their wedding date because they were saving up for a house. While they did get married at the Lake County Court House last year, they are still working on having the wedding they originally planned.