Is it legal for a wedding venue to not have bathrooms?

UPDATED: Sep 30, 2022

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Is it legal for a wedding venue to not have bathrooms?

My fiance and I signed a contract for a wedding venue a couple of months back, and they said they were going to build bathrooms by the time our wedding happened (1 year from the time we signed the contract). Those restrooms they said we’re going to be built haven’t been and they are going to provide porta potties instead, which for a wedding are pretty disgusting. Also, in the contract we signed, they said if we cancelled, the deposit would be kept and the remaining balance would be due immediately, which sounds ridiculous.

Thank You,

Sebastian Ernest

[email protected]

Asked on January 7, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Certain *kinds* of venues (e.g. restaurants) may be required to have bathrooms under local code or ordinances, but a "wedding venue" generally does not have to have bathrooms--you can legally hold a wedding where there are no bathrooms (e.g. in a park or on a beach). Even if this venue should have bathrooms under local code, that's for the local building/code enforcement/etc. authorities to enforce--it doesn't help you.
If they thought at the time you contracted with them that they would have the bathrooms built and are now providing port-a-potties, then even though those are not optimal, they neither committed fraud (they did not lie, because they thought they'd have the bathrooms built; being overtaken by events or later problems is not fraud) and also are doing what they reasonably can to support your wedding, so there would be no grounds to terminate or void the contract.
It is legal to have a clause that if a customer cancels, the venue keeps the deposit and the customer is liable for the remaining balance--since tht was in the contract you signed, you agreed to that provision.

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