Can I mandate in a contract that the client is responsible to pay the full amount of money guaranteed byit in on-site print sales?

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Can I mandate in a contract that the client is responsible to pay the full amount of money guaranteed byit in on-site print sales?

The client does not want to pay a retainer but is willing to guarantee me $1200 in on-site print sales at the event. The client will be liable to pay the difference if I do not reach $1200 in on-site sales. Can I stipulate in the contract that the client is liable to pay me the $1200 if the event is cancelled or moved for any reason, including act of God?

Asked on January 24, 2012 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can absolutely put this into a contract; and if the client agrees and signs the contract, it  will be enforceable. Make sure that everything is VERY clearly spelled out--when there is a dispute, if there is any ambiguity in the contract, courts will tend to interpret the ambiguity against the one who drafted the contract; therefore, you want to avoid any ambiguity at all in regards to the obligation to pay.


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