Chantelle
Curious May 2022 British Columbia

Vendors who cannot enter venue due to not being vaccinated

Chantelle, on October 5, 2021 at 17:45 Posted in Plan a wedding 0 30
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Hello all!


So I am in a bit of a sticky situation. My photographer has recently told me she has decided she is not going to get vaccinated, and therefore she won't have the vaccine passport. Now, our venue will not let her enter the premises, so as you can imagine, she can't do our wedding photos.


We paid her a 50% deposit and she says she is not entitled to give it back because we chose to not use her (I love her, just the venue won't allow her on the grounds). Has anyone else has this issue with a vendor during these pandemic times? I don't want to cause her any hardship, but I also want to be able to hire another photographer. Do I eat the cost or should I try and work out a deal?

30 Comments

Latest activity by Elena, on November 23, 2021 at 09:51
  • Elena
    Beginner November 2020 Ontario
    Elena ·
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    Hi Chantelle,


    I’m totally with you! The government often makes up rules that don’t make any sense and/or constantly changes them. But I guess they too are doing their best. I think the best thing for us is to try and let go of things that are out of our control. (For our own mental health.) In the end things will turn out, maybe even better than we imagined! Wishing you all the best!
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    Oh wow, its so hard to know all the rules, they seem to change constantly! I know BC has this rule, can't speak for other provinces. We also have regulations per city too. My moms city has a low vaccination rate so group events at her house have to be under 10 people, but my SIL's city allows as many as you want as along as everyone is vaccinated. My city allows up to 50 for gathering at a home if they are unvaccinated, but under 10 if 1 person there isn't vaccinated. We had to switch my bridal shower location to my SIL's house due to this. Sigh

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  • Elena
    Beginner November 2020 Ontario
    Elena ·
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    Hi Hank,


    I don’t know. I mentioned this information in hopes it may be helpful to someone else. The vendors have to be actually working and not enjoying the event as a guest. I guess someone could lie about one or two people and get away with it. In any case all the guests and vendors attending my future wedding reception are double vaccinated. Wishing you all the best.
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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    Your venue would be wrong and they're trying to have their cake and eat it too. Nowhere in Ontario's vaccination rules state that vendors can be unvaccinated. Vendors are not staff of your venue. Imagine how this would start a domino effect of people hosting weddings and claiming their unvaccinated guests as vendors by having them take a few pictures.

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  • Elena
    Beginner November 2020 Ontario
    Elena ·
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    Hi Hank,


    Our venue informed of us that vendors do not require to be double vaccinated in Ontario. You can also read more here in regards to the hospitality industry. https://beta.ctvnews.ca/local/kitchener/2021/9/2/1_5571089.amp.html I agree with you that you should not hire vendors that have put in their contract a total no refund policy. Still I have heard of some adding Covid related issues, as not an acceptable cause for refunds. I am not a lawyer so I can’t say what one person is allowed to include in a contract. I mentioned this to bring attention to what was agreed upon when the contract was signed. Sorry for any misunderstanding and all the best!
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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    Where are you seeing that Ontario doesn't require vendors to be vaccinated?


    Also, clauses like "no refunds under any circumstances" are not enforceable. What if the vendor just decided to run off for no reason? Such clauses will protect scammers with impunity and is against basic principles of consumer protection.
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  • Elena
    Beginner November 2020 Ontario
    Elena ·
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    Hi Chantelle,


    Sorry I didn’t see where you are located. In Ontario vendors don’t have to be vaccinated but I don’t know what the regulations in BC are. Maybe they are more strict? If so I think you have a strong case to get your money back as they have not fulfilled their contractual obligations. (Unless there was a clause in the contract you signed that mentions no refunds under any circumstances.) Also there is still time before your wedding, so the vaccine requirement, especially for vendors, may be lifted by then. In Ontario they say they will get rid of the vaccine passport by March/April 2022 but who really knows. Has BC outlined future plans for the vaccine passport? You can also contact your government rep just to double check if vendor vaccines really are legally mandatory or to ask about future plans in regards to the vaccine passport. I hope you get this sorted out and best of luck with everything!
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    Oh thank you! I am not sure if that applies in BC, we have strict rules for some reason.... I know my friends who are servers are not allowed to work if they don't prove they are vaccinated.

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  • Elena
    Beginner November 2020 Ontario
    Elena ·
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    Hi Chantelle,


    I hope you are well. I was told by my venue that vendors (while working) do not have to be vaccinated. Apparently that is also the case if you go to a restaurant. All the customers need to be double vaccinated, however not the staff. (So the person serving you is not legally required to be double vaccinated.) Not sure if you still want to go ahead with this vendor but just wanted to pass on this information. Thanks and good luck!
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    I will, the lawyer I spoke to told us not to do it until after our wedding has passed (after our contract with her would be void)
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    Thank you Hank and everyone to responded. She is refusing to give it back, so we are seeking legal action now. Sigh
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    My family has a few lawyers on retainer, so I usually just use them for everything. The cost to file the paper work apparently is over $800 (the deposit). Yes we can filed for her to back pay… we may do this…. Very stressful when also wedding planning 😭
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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    I would also identify her on Weddingwire and Google reviews. This person is a crook and people deserve to know who it is.
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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    A case like this is pretty cut and dry. I wouldn't even use a lawyer for this since it falls under small claims court and you can represent yourself. If you're not comfortable taking this in yourself, a paralegal can help and will cost less than a lawyer. You can also include legal fees like court enforcement costs in your suit.
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  • Stacey TC
    Featured August 2022 Saskatchewan
    Stacey TC Online ·
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    Oh wow! Good luck.
    It's maddening that she's been getting away with this.

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  • S
    Newbie June 2022 Saskatchewan
    Sheila Online ·
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    Good idea to file a class action! But unfortunate that this vendor let it get to this.
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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    We spoke to a lawyer and they said we could sue her and would most likely win, but we would spend more in legal fees then the deposit is worth. They told us our best bet is to do a class action lawsuit with other couples she has done this too. So far we have found 5 people she has done this to.

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  • Chantelle
    Curious May 2022 British Columbia
    Chantelle ·
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    No we did not, she refused and told us to sue her essentially.

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  • S
    Newbie June 2022 Saskatchewan
    Sheila Online ·
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    Did you get your deposit back?
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  • Stacey
    Beginner October 2022 Ontario
    Stacey ·
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    I agree with everyone on here! This is her choice, so she owes you the deposit back. Doesn't look good on her end, that she feels it's ok to keep your money. It's too bad that you "love her", because she isn't be too understanding, fair nor is she thinking of you.

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  • Samantha
    Frequent user May 2022 Ontario
    Samantha ·
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    I believe that she owes you your deposit back! Its not your fault that she isn't vaccinated and your venue requires proof.

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  • Kara
    Frequent user June 2022 Ontario
    Kara ·
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    Sticky situation for sure…in this scenario I would assume that she should be giving the deposit back since it is her who cannot fulfill the contract. You have upheld your end of the deal by going through with your wedding date- so if she is unable to perform her duties, she should be giving the deposit back.
    Hope this turns out for you guys, because yeah you should be able to hire someone new if she doesn’t want to work!
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  • Jamie
    Curious June 2022 British Columbia
    Jamie ·
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    I agree with Carmel!

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  • Meghan
    Frequent user September 2022 Ontario
    Meghan ·
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    I think she definitely owes you your deposit it back! It's her choice to not get vaccinated and because thats her choice knowing the rules of certain venues you have every right to get it back.

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  • Zara
    Frequent user May 2021 Ontario
    Zara ·
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    I think there is frustration of contract hence she needs to return your deposit.

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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    There's Canadian case law precedence that favours the client in cases where vendors want to unilaterally change the contract (which your photographer is doing by choosing not to get vaccinated) and refusing to work an event that's legally allowed to take place (she has more than ample opportunity to get vaccinated by the time of your wedding but chooses not to). There's zero legal justification for them to not complete the contact and therefore she's not entitled to the deposit.

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  • Carmel
    Featured March 2021 Ontario
    Carmel ·
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    Also agree. She's breaking her contract as she is unable to work your wedding. If she refuses to refund you I'd take her to small claims court. If you have a lawyer friend this is the time to ask them for help!
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  • Stacey TC
    Featured August 2022 Saskatchewan
    Stacey TC Online ·
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    Agreed. Your photographer made a choice which makes her unable to be admitted to the venue. It was not your fault she made this decision and you should get a full refund. If she has a problem with that she has to realize that her choice will affect her business.
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  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
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    I totally agree with Liberty!

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  • Liberty
    Featured May 2022 Alberta
    Liberty ·
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    You are technically not choosing to not use her, she is at her own fault not able to enter your venue! I personally feel since she is choosing to not be vaccinated she should have to refund you as it is not your choice that she needs to be vaccinated....
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