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On Sunday 10 May 2020, the UK Government changed the COVID-19 slogan from “Stay At Home” to “Stay Alert”. The UK Government has been faced with difficult questions surrounding a balance between maintaining public health and restarting the economy. What is clear from this evening’s announcement is that the social distancing measures and the current ban on public gathering is here to stay until further notice.

The Prime Minister said that some aspects of the hospitality sector may start to open in July 2020. However, it is important to stress that this is conditional on the rates of infection dropping.  In the event of a relaxation in the rules applicable to the hospitality sector, it is unclear how wide such a relaxation will go, but it could stretch to restaurants and some hotels.  The Prime Minister said that COVID-19 has had a “colossal cost to our way of life” and going forward there will be a “COVID Secure Standard”. Reference was made to a “Work Place COVID Secure Standard” and it is quite likely that the weeks and months ahead will see an “Event based COVID Secure Standard”.

At this stage, it is not clear what an “ Event based COVID Secure Standard” looks like for the wedding and events industry but possible options could include:

  1. Reduced number of guests being allowed within a certain sized venue.
  2. Discouraging high risk and vulnerable members to attend.
  3. Guests being asked to temperature test before giving their RSVP.
  4. Venues and suppliers using the outdoors as much as possible to host various aspects of the wedding or event.
  5. Extra hygiene regulations applicable to caterers and food handlers.
  6. Masks being used where a safe distance cannot be maintained.
  7. A minimum number of hand sanitisers being placed around the venue.

If and when weddings resume later in the year, the guest list may include people coming from abroad. However, we have learn that those coming to the UK by air will be required to quarantine for 14 days. Therefore, this could hinder the arrival of foreign guests or may require guests to plan their trips to factor in a 14-day quarantine period. It is understood that this only relates to those travelling by “air”. Therefore, if there is an opportunity to travel to the UK by car or train, such a restriction may not apply. More details in relation to the quarantining will no doubt follow.

Finally, we are told that different areas of the UK, may have local flare ups. In turn this could impact the “COVID Alert Level” in each area. It could also mean that the location of the event venue could have a different Alert Level compared to the town or city where many of the guests may be travelling from. Therefore, consumers and suppliers will need to ensure some flexibility and versatility is adopted in case there is a sudden change to the Alert Level as the wedding/event day draws closer. 

We will keep you updated with our commentary as we learn more about. Please do not hesitate to contact us if we can assist with your legal issues surrounding a wedding booking.

Thousands of wedding and event suppliers from venues to caterers and photographers to music bands are feeling the commercial impact of the COVID-19 Government restrictions. For the foreseeable future, weddings and events are cancelled which has prompted both suppliers and consumers to carefully review their legal position. If you have spent much of the current lockdown managing the consequences of cancelled events, the below questions may assist your business to navigate murky legal waters.

  1. Do you have a force majeure clause in your supplier contract?

Force majeure clauses are contractual clauses which alter the parties’ obligations under the contract when an event occurs which is beyond the control of the parties and prevents one or all of them from fulfilling their contractual obligations. Whether the COVID-19 outbreak will constitute a force majeure very much depends on how the clause is drafted within the contract.

Is the force majeure clause drafted widely enough to cover the pandemic, acts of Government or events or circumstances beyond the parties “reasonable control”?

The COVID-19 pandemic is unprecedented, and it is arguable that the courts will be generous in their interpretation of such clauses when parties have encountered difficulties in performing their contractual obligations.

Wedding or events suppliers seeking to rely on a force majeure clause must also take care in ensuring they comply with any other procedural requirements that may be set out in their contract. For example, there may be a notice clause that dictates how a party is to give property notice and/or require a party to give prompt notification of its intention to rely upon a specific clause.

The usual remedy if a force majeure clause is triggered is for the parties to be excused from their obligations and/or liability under the contract without being in breach of the contract and thereby being liable for damages to the other party.

  1. What if your contract does not contain a force majeure clause?

If your contract does not contain a force majeure clause, it may be possible to rely on the doctrine of Frustration. It is very difficult to demonstrate that a contract has been frustrated. It must be shown that an event, outside the control of either party, has made the contract impossible to perform or has transformed the performance of the obligations under the contract into something radically different from that which the parties intended.

Whilst, each case will turn on their individual facts, case law has shown that contracts have previously been frustrated where there has been a Government ban or lockdown. Where a contract has been frustrated, the parties’ obligations under the contract come to an end.

  1. Is it possible to postpone the event?

The party claiming force majeure is obligated to show that they have taken reasonable steps to avoid the effects of the force majeure event (for example, the event being an act of Government). As a supplier, you may consider alternative methods to avoid cancellations such as postponing the event to a later date, allowing the event to be downscaled to accommodate the current restrictions or providing a virtual means to broadcast the event.

  1. Is a non-refundable deposit non-refundable?

Given the imbalance of negotiating power between suppliers and consumers, the law protects consumers who contract with businesses. Where a contractual term has not been individually negotiated it may be considered an unfair term if it causes a significant imbalance in the rights and obligations to the detriment of the consumer.

An unfair term may include a disproportionately high sum to be paid in compensation in the event of cancellation by a consumer. This may include high deposit which could be regarded as a penalty.

Therefore, where a consumer cancels a booking, irrespective of the contractual terms, your business may not be able to retain all the monies paid by the consumer in advance. However, a supplier is entitled to hold back an amount that has reasonably been incurred to cover its net costs or the net loss of profit resulting directly from the cancellation.

  1. Have you got a reputation protection plan in place?

In a world dominated by social media and online press, damage to reputation has the potential to do more lasting damage compared to a one-off legal claim against your business. With some individuals having access to vast social media audiences combined with the stress of cancelled weddings or events, suppliers serving the wedding and events industry ought to consider what impact their business decisions may have on their reputation. After all, the consequences of cancellation or postponement of an event is more than just financial. Think carefully about drafting your responses to common questions that are likely to be asked by your clients and what steps you intend to take if you are threatened with not only legal action, but a press release ready for circulation.

  1. My supplier contract is very vague, is this a problem?

Times such as these highlight the huge importance of a clear and well drafted contract. Ambiguous terms leave scope for argument and disagreement which can lead to a dispute. Should an application to the court be required, the court will usually resolve any uncertainty or doubt surrounding the term against the party who would benefit from the suggested interpretation.

If your contract is vague or lacking in detail, a court would look at the document as a whole and consider the natural and ordinary meaning of each clause, other relevant provisions of the contract, the overall purpose of the clause and the contract as well as the facts and circumstances known or assumed by the parties at the time of entering into the contract. Court proceedings can be lengthy and costly to both parties and often can be avoided by having a well drafted contract in place.

  1. What are the financial implications for your business?

Cancelled weddings and events are inevitably going to impact your cash flow and the overall financial performance of your business.

The Government are currently offering grants to businesses that are suffering as a result of COVID-19; you may be eligible for assistance and whether this is something worth considering in the short term.

If you are a director of a company it is critical that you are clear on your statutory and fiduciary duties as set out in the Companies Act 2006 when dealing with the cancellation of an event. This is of extreme importance if you believe your business may go insolvent and you are entering the “twilight zone” to avoid any personal liability.

Contact us if you have any queries.

Our appeal dedicated to Nainika Tikoo

This blog article is dedicated to Nainika Tikoo who sadly passed away on 25 May 2017 as a result of anaphylaxis owing to an allergic reaction to blackberries. We have noticed a number of wedding and event caterers who regularly fail to comply with their legal food labelling obligations. We hope the below provides some guidance. If you are an events caterer, wedding planner or couple, we are offering free food labelling consultations and best practice advice to ensure your next event is compliant with the relevant legislation. All we ask is that a donation is made to the allergy awareness campaign set up by Nainika’s parents (Lakshmi Kaul and Vinod Tikoo) (www.justgiving.com/crowdfunding/nainika)

Facing the facts

It is shocking to see how many caterers at weddings and events, fail in their legal duty in providing information about allergenic ingredients in the food that they serve to guests. This has the potential to cause serious harm. We have put together some tips to assist caterers with their obligations.

In the UK, it is estimated that 1-2% of adults and 5-8% of children have a food allergy. This equates to around 2 million people living in the UK with a food allergy. This figure does not include the number of people who have food intolerances, which would in turn substantially increase the number of people who are impacted if they have a food allergy or intolerance.

About an allergic reaction?

An allergic reaction can be produced by a tiny amount of food ingredient that a person is sensitive to. Symptoms of an allergic reaction can range from mild symptoms such as rashes to more severe symptoms such as vomiting, diarrhoea and on occasions anaphylaxis. Around ten people in the UK die from allergic reactions to food every year.

What can be done?

There is no cure for food allergy, therefore the only way to manage the condition is to avoid the food that makes the person ill. When you are attending events (including weddings) it is important that caterers provide clear and accurate information about allergenic ingredients in their products. Food Information Regulations 2014 introduces new rules for food businesses relating to the labelling and provision of allergen information.

What ingredients must a caterer declare to consumers?

The following ingredients must be declared to a consumer if they are added to food (the most common ones are in bold):

  1. Cereals containing gluten namely wheat (such as spelt and Khorasan wheat), rye, barley, oats and their hybridised strains and product thereof, except:
    1. Wheat based glucose syrups including dextrose
    2. Wheat based maltodextrins
    3. Glucose syrups on barley
    4. Cereals used for making alcoholic distillates including ethyl alcohol of agricultural origin.
  2. Crustaceans and products thereof (for example prawns, lobster, crabs and crayfish).
  3. Egg and products thereof.
  4. Fish and products thereof, except;
    1. Fish gelatine used as carrier for vitamin or carotenoid preparations.
    2. Fish gelatine or Isinglass used as a fining agent in beer and wine.
  5. Peanuts and products thereof.
  6. Soybeans and products thereof, except;
    1. Fully refined soybean oil and fat
    2. Natural mixed tocopherols (E306), natural D-alpha tocopherols, natural D-alpha tocopherol acetate and natural D –alpha tocopherol succinate from soybean sources
    3. Vegetable oils derived phytosterols and phytosterol esters from soybean sources
    4. Plant stanol ester produced from oil sterols from soybean sources
  7. Milk and products thereof (including lactose) except:
    1. Whey used for making alcoholic distillates including ethyl alcohol of agricultural origin.
    2. Lactitol
  8. Nuts (namely almond, hazelnut, walnut, cashew, pecan nut, Brazil nut, pistachio nut and Macadamia nut (Queensland nut) and products thereof except for nuts used for making alcoholic distillates including ethyl alcohol of agricultural origin.
  9. Celery and products thereof.
  10. Mustard and products thereof.
  11. Sesame seeds and products thereof.
  12. Sulpher dioxide and/or sulphites at concentrations of more than 10mg/kg or 10mgL (litre) in terms of the total SO2, which are to be calculated for products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.
  13. Lupin and products thereof.
  14. Molluscs and products thereof (for example mussels, clams, oysters, scallops, snails and squid).

Tips for caterers to avoid breaking the law with regards to food labelling

  1. Businesses should review ingredients information for foods provided by them and ensure that their suppliers provide them with the necessary information to meet their obligations.
  2. Every caterer has a responsibility for ensuring that allergen information they provide is accurate.
  3. Should you not make reference to allergenic ingredients within a menu, it must be clear to a consumer where such information can be found. In such situations, there must be a statement that can be found on food menus or food labels. All mandatory allergen information on menus or signpost statements should be easily accessible and visible, and clearly legible to the final consumer regardless of whether they have a food allergy or not.
  4. Where food is provided through a buffet format, the allergen information should be provided for each food item separately.
  5. Some catering businesses may find it difficult to ensure written menus are kept up-to-date and displaying accurate information regarding allergenic ingredients used in products. Caterers do have the flexibility to provide such information orally. In such cases, consumers must be able to obtain information from members of the catering staff. If a catering business operates this approach they will need to ensure that there is a written notice, menu or label that is clearly visible, at the point that the consumer chooses their food, to indicate information is available from a member of staff.
  6. Caterers are recommended to have a system in place to ensure that when allergen information is provided orally to consumers, it is support by that information being available to staff and others in a recorded form (in writing for example) to provide consistency, accuracy and verifiable safety procedures.

The sanctions against Caterers for failing to comply?

Wedding and event caterers who do not comply with the above, risk committing a criminal offence. If found guilty, the fine can be of an unlimited amount.

For more information: contact info@theweddinglawyer.co.uk

 

Reference – https://www.food.gov.uk/sites/default/files/food-allergen-labelling-technical-guidance.pdf

 

 

We need your help!

Dozens of brides and grooms who are due to get married have been left devastated to learn about the sudden closure and administration of bridal boutique, Dan Kerr Brides.

According to the Lancashire Post, a number of wedding ceremonies may be cancelled after a representative from Dan Kerr Brides said it has “no alternative but to close”.

For brides and grooms who paid by credit card, there maybe some recourse to obtaining their money back from their credit card company. However, for a number of brides and grooms who have paid using cash or cheque, there is a possibility that they may neither get their bridal dress/wedding suit nor their money back.

With some couples potentially losing out on between £200 and £5000, we are looking to assist those who cannot afford to purchase a new outfit.

Could you lend your spare bridal dress for one day?

If you are already married, you may have a spare bridal dress/wedding suit that is not currently being used. If so, we are appealing to anyone who maybe willing to lend their dress or suit for a day to a bride or groom who has lost out on getting their outfit from Dan Kerr Brides and is unable to obtain a refund.

How does it work?

If you think you can lend a wedding dress/suit for one day, please email Pranav@theweddinglawyer.co.uk stating your:

  1. Name
  2. Where you are based
  3. For Brides – Size of your wedding dress
  4. For Brides – Style of wedding dress – Either by sending an image or similar image of the style of your dress.
  5. For Groom – Size of trousers, blazers and shirt.
  6. For Grooms – Style of suit – Either by sending an image or similar image of the style of your suit.
  7. Contact number (optional)

We will then look to pair you up with a bride or groom who has lost out on getting a wedding outfit. The bride/groom and lender will then communicate with each other to organise the logistics of borrowing the wedding dress.

Are you are bride/groom who has lost out?

If you have been adversely affected by the closure of Dan Kerr and would be interested in borrowing a dress or suit, contact Pranav@theweddinglawyer.co.uk stating your:

  1. Name
  2. Date of wedding
  3. Where you are based
  4. For Brides – Preferred size of bridal dresses
  5. For Brides – Preferred style of wedding dress
  6. For Grooms – Preferred size of trousers, blazers and shirt.
  7. For Grooms – Preferred style of suit
  8. Contact number (optional)

We will then look to connecting you with someone who maybe willing to lend you his or her outfit for your big day.

The Wedding Lawyer

We appreciate weddings can be expensive and stressful. Therefore, we are committed to ensuring every bride and groom has a wedding day to remember. Therefore, if you can assist us, please do. For any more information about The Wedding Lawyer, contact info@theweddinglawyer.co.uk

Weddings are great fun! But everyone knows the real fun only really kicks off once the DJ or live band have taken to the stage. This means DJs and band musicians are spectacularly important during the wedding day, in particular the reception. Ensuring you have airtight and a comprehensive set of terms and conditions will help to ensure you have the protection you need if the big day does not go to plan.

Here are just some of the clauses you may wish to consider incorporating into your terms and conditions if you have not already done so.

  1. Electricity Supply:

It seems like an obvious one but has the potential to ruin the big day. It is becoming more common for weddings and reception to take place at country estates and marquees rather than in established longstanding structural buildings. Therefore, ensuring there is a suitable electrical connection for you to carry out your service is crucial to the performance of your services.

The Client undertakes the responsibility for ensuring that [DJ Name Roadshow/ band] are given access to the venue and use of earthed mains electricity supply on their arrival. [DJ Name Roadhow/ band] assume the event venue meets the electrical safety standards to operate the Client’s selected package. In the event of any electrical risks being posed, [DJ Name Roadshow/ band] have discretion to reduce the size of the Client’s selected package in order to operate safely. The Client will continue to be liable for the agreed sum of the selected package. 

  1. Power Cuts

We have witnessed a surprising number of power cuts when a wedding reception is in full flow. This has been particularly common following thunderstorms in the hot months of July and August (which also tends to be wedding season) or where the electrical mains have not been able to cope with the output necessary to operate the sound and lighting system.

[DJ Name Roadshow/ Band] will not accept any liability for power cuts which interrupt the service provided, however, will endeavour to co-operate with the venue to try and rectify any problems. If reducing the equipment booked by the Client will overcome power supply problems at the venue then [DJ Name Roadshow/ band] are given full authority to do so without consulting the Client. The Client understands that no compensation or price reduction will be given for power cut issues or for the reduction of equipment due to power supply problems.

  1. Venue Restrictions

It would be important to make it clear that DJs and Bands cannot be responsible for any venue restrictions which could detrimentally impact on the delivery of services. For example, many hotels and country estates have sound limitation monitors and smoke alarms. The client making the booking should be responsible for ensuring venue limitations will not impact the delivery of your service.

The Client will be responsible for checking and resolving any limits or restrictions attached to the venue, which could negatively impact on the ability of [DJ Name Roadshow/ Band] to carry out their services. This includes devices such as smoke alarms and sound limitation monitors. The [DJ Name Roadshow/Band] will not be responsible for any interruption to the service provided due to venue limitations or restrictions, unless [DJ Name Roadshow/Band] were notified about these at least 14 days prior to the [event date].

  1. Time required to install and take down equipment

Ensure you have protected yourself to have enough time to set up and take down your equipment without the risk of incurring any penalty. Unfortunately this clause will not protect you if you arrive late, therefore, it is important that you arrive on time to set up and have accurately estimated to the client how long it takes to set up and take down your equipment.

The Client is responsible to ensure [DJ Name Roadshow/ Band] has sufficient time to set up and dismantle their rig/equipment based on the package booked. [DJ Name Roadshow/ Band] will not accept any liability for insufficient set up or dismantle time that results in either the booked package not being set up prior to the event or any additional charges for late exit of the venue. [DJ Name Roadshow/ Band] can provide an estimate set up and dismantle time for the Client to plan accordingly. 

  1. Additional artists to perform alongside the DJ or band

An increasing number of couples are booking celebrities and other performers to perform alongside the DJ or Band at their wedding/reception. This can sometimes cause technical or communication hiccups, particularly where the equipment belonging to the DJ or band has to be used for the additional artist(s) to perform. Therefore, it may be an idea to have full transparency as to any additional artists who may be performing on the evening.

If the Client invites any additional artist(s) (independent of [DJ Name Roadshow/Band]) to perform at their event, the Client must inform [DJ Name Roadshow/Band] as to the identity of the artists and whether they require any technical requirements to execute their performance at least 7 days before the date of the event. The Client’s failure to do this may result in [DJ Name Roadshow/Band] not being in a position to cooperate with the additional artist(s).

  1. DJ/Bands are not to be responsible for USBs/CDRs devices.

It may be the case that you will be provided with a USB or CD Rom by a guest or the couple for the purposes of a performance, pictures or a song request. You may be required to insert the USB/CD Rom into your system so the music/photos can be played or displayed. It is important to make it clear that you are not responsible for that device or the contents on the device.

The Client and/or their guests will be fully responsible for any USB or media devices given to [DJ Roadshow/ band] and it is the responsibility of the Client and/or their guests to collect any USB or media devices after the given purpose is exhausted. The Client understands that any unclaimed USB or media devices following the event will be disposed of after 14 days. Further  [DJ Name Roadshow/Band] will not be responsible for any damage or distortion to the contents of the USB or media devices. 

 

If you would like your DJ/Band terms and conditions reviewed – contact info@theweddinglawyer.co.uk

 

If you are a wedding/event photographer or thinking of setting up a photography business, this blog will hopefully provide you with a basic understanding of your legal rights. We also provide a basic checklist of items to be covered in your service contracts.

The intellectual property rights of photographs

Under the Copyright, Designs and Patents Act 1988, the owner of the copyright in the photographs will be your business. This means that your customers/ third parties will not be able to use the photographs, for example for use on social media, without your permission. Permission usually takes the form of assignments (giving the rights to the other party) or licenses (giving consent to the other party to use the photographs).

Licenses are beneficial to your interests as you keep the rights over the photographs, whilst allowing your customers to keep and use them for their own personal needs. When giving license for use of the photographs it is important to clearly outline the extent of the license – i.e. what material the customers are allowed to use and how they are (and are not) permitted to use the material.

Procedure for cancellation

A well drafted service contract will always contain provisions for what would happen in situations of cancellation. For example, in the event of a cancellation by the customer, the contract may contain a grace period within which they would receive a refund of payments already made, or a deadline after which they can no longer claim a refund.

In the case of a cancellation by your business, clauses should be inserted into the contract that you will oblige your to take reasonable endeavours to provide a substitute service.

Quality of the Photography

It is important to insert a clause which provides guidance as to the quality and nature of the photographs, in order to provide legal protection for your business in the event that your customers are dissatisfied with the photographs.

Commonly businesses provide sample photographs and insert a clause guaranteeing that the photographs produced will be of the same style and standard as the samples. This ensures that as long as you can produce photographs which are comparative to the sample, customers will not be able to take legal action for any dissatisfaction. You can also add that the photographers must have the necessary artistic discretion to capture and produce photographs in accordance with such style and quality.

It may also be useful to insert a ‘key moments’ clause. In such a clause you would guarantee to use reasonable endeavours to capture a certain list of key moments (for example the bride coming down the aisle), whilst also adding that you cannot guarantee the capture of unexpected moments and will not be responsible for capturing all attendees.

Changing plans

There is an expected level of the unexpected when planning weddings. To protect your business from liability, you are advised to insert a clause stating that you will not be required to refund the customer where you are unable to attend in the event of a last minute change of location or time.

Details about the event

Remember to insert the smaller details about the events which you will be photographing. For example, making sure the photographers on the day have a contractual right to a hot meal, or if not a meal that they can have a lunch break to go and get themselves a meal.

Clarity, Specificity and Brevity

As with any contract, it is important that each clause be worded clearly and carefully, to avoid conflict between the parties due to misinterpretation. Keep sentences as to-the-point as possible, taking away all unnecessary wording. It may be important to define terms used in the contract, especially technical terms of the photography process. Look at each clause and ensure that the words cannot be interpreted differently from what you intended.

For further guidance on drafting your terms of business contact info@theweddinglawyer.co.uk

This blog is by a guest blogger –  Yavnik Ganguly

The wedding photography industry is a competitive one. There are lots of different photographers out there, offering up their services to happy couples around the UK. Whilst the quality of your images, the professionalism of your service and of course, how much you appeal to the couple are all important considerations when a bride and groom picks a photographer. How you are priced, and how you present those prices are also a big consideration and is often what distinguishes a good photographer from an excellent one. However, the issue of pricing and in particular a lack of transparent pricing can sometimes be open to dispute.

This means that it is vital that you put together a good quality pricing strategy. So, to help you make the most of your wedding photography business, we have put together our top tips for creating wedding photography pricing strategies that really work.

Focus on a few clear packages rather than several complicated ones

Confusing your potential customers with a complicated and confusing pricing strategy is never going to encourage them to use your services. Many photographers also make the mistake of creating too many different packages to choose from, all with really subtle changes such as an extra hour or a few extra photographs.

The best approach to take is to concentrate on two or maybe even three packages, all of which have obvious differences. This means that your potential customers will be able to see the different levels of what you can offer, and decide which one is right for them or your budget.

By keeping things simple, you will also minimise the chances of disputes arising due to misunderstandings relating to the pricing scheme.

Start small and allow the customer to build up

Another great idea to tempt customers into coming to see you for wedding photography is to offer a more tailor made approach to your pricing. Start with a low cost basic package that only contains a few elements of what you can do. This will entice customers to come and see what you are able to offer, and then you can start to upsell or add in the different services that you can provide.

Not only is this method going to encourage more people to enquire about your service, but the customer won’t feel pressured into going for a package that isn’t everything that they need. Instead they can pick a basic starting point and develop it into something that is perfect for them.

One of the objectives of recent consumer legislation is to protect the consumer from feeling pressurised into entering into a contract. Therefore, by providing the consumer with discretion and autonomy to choose a package, this will assist in minimising a dispute.

Show off what you can do

You should never underestimate the power of examples of your great work. If you are looking to tempt new clients into signing up with you, it is a good idea to show them exactly what you can offer them. If you are proud of your albums, make sure you take some examples of this, have a beautiful studio that they can view their photos in, have pictures of this, or better yet, invite them to take a look round.

Remember that even with the best pricing strategy, you still need to sell yourself as a business, which means that you always present yourself in the best light. In doing this you can assure your potential clients that come their big day, they will be presented in the best light possible too!

For more information about pricing strategies or to recover an unpaid debt contact: info@theweddinglaweyer.co.uk

 

What is intellectual Property?

Intellectual property refers to tangible or intangible creations of the mind such as inventions, literary, artistic works, designs, symbols, names and images used in commerce.

Why is intellectual property important to a wedding supplier?

The UK wedding industry is growing at a phenomenal rate and intellectual property protects more than just an idea or concept but also protects genuine business assets and the overall long-term viability of your business.

Your intellectual property can

  1. Set up your business apart from other suppliers within the industry.
  2. Be sold and licensed, providing you with an important revenue stream (particularly when the wedding season slows down).
  3. Form an essential part of your marketing and branding so it is instantly recognisable by consumers at every wedding event.
  4. Be used as security for loans.

How is this relevant to a wedding supplier?

Wedding suppliers may have branding and corporate identities that they may wish to protect, however more specifically photographers, videographers, cake designers, wedding dress designers, invitation card designers, DJs and bands, dance choreographers, designer florists are just a few of the wedding suppliers who we have assisted with their intellectual property disputes over the past 12 months.

There are four different categories of intellectual property. These are trademarks, copyright, patents and registered design. Depending on which category your work comes within, this would impact how it is to be applied, registered, renewed and infringed. Therefore, ensuring you obtain legal guidance is essential in ensuring you gain the maximum protection for your intellectual property rights.

How to protect your intellectual property

  1. Be IP Smart – Engage a specialist lawyer to assist you with reviewing your business and analysing which areas of your business can benefit from intellectual property protection.
  2. Protect what is important to others, not just you – What you may believe is important, is not necessarily what your competitor believes is important. Engage a lawyer to scrutinise which areas of your business could benefit from the most protection.
  3. Invest in a well-written non-disclosure agreement – Make sure your employment agreements; licences and sales contracts all protect your intellectual property too.
  4. Act Quickly – It doesn’t take long for a competitor to copy you. When it comes to registering your intellectual property aim to work as quickly as possible. 

For any more information relating to intellectual property rights contact info@theweddinglawyer.co.uk

 

There is heaps of money to be made in the wedding industry and there is a reason why the most successful suppliers have engaged a specialist lawyer to assist them with meeting their commercial, regulatory and legal objectives.

The UK wedding industry can be competitive, tight knit and sometimes ruthless. Therefore, having a lawyer on your side can assist you in protecting your business and financial interests while allowing you to focus on progressing your business.

  1. Knowing the most effective structure for your business

Choices, choices choices! Should you be a sole trader, partnership or limited company. There are choices to be made and implications that follow from your choices. A lawyer can assist you in making recommendations about the most appropriate business structure that would be of most benefit to you and your business. Whatever option you choose, a lawyer can assist you in making an informed choice during  the decision making process. A specialist lawyer can also assist you with drafting partnership agreements or articles association that suit you and your business.

  1. Having legally compliant and enforceable business terms and conditions

When dealing with consumers or other suppliers, it is essential that you have air tight and legally binding terms and conditions. These may need to comply with the latest consumer and business related legislation or reflect ethical or good practice. Having unambiguous and clearly written terms and conditions can assist in safeguarding you from potential disputes in the future. It will also ensure all parties are clear on their responsibilities and liabilities.

  1. Dealing with consumer complaints amicably, professionally and quickly

Lawyers appreciate how time consuming and draining it can be for business owners to deal with disputes. Further, any supplier will be aware of how quickly bad news can spread in the wedding industry. Therefore, being able to deal with complaints amicably, professionally and as quickly as possible will distinguish a good supplier from an excellent supplier. A specialist lawyer can assist you in resolving complaints by looking for compromises and negotiated settlements. In the event, of complaints escalating, a lawyer can ensure your business responds swiftly and robustly to any legal action that may arise.

  1. Ensuring you get paid

A lawyer can assist you in making sure you get paid on time and chase any debts in a professional manner from your customer. This will ensure your business can continue to operate with minimum disruption.

  1. Protecting your brand and creativity

With a rapidly growing wedding industry, protecting your brand has never been so important. If you are a business, it is within your best interests to ensure your branding remains unique and identifiable by the consumer. Having a specialist lawyer can help you create and file trademark and patent applications that are worth considerably more than the fee you will ever pay the lawyer.

For example, if you are a photographer you may wish to ensure your copyright in your work is protected so you can freely exploit your images in a way that you choose. Inventors and designers may also find it useful to engage a lawyer to ensure their unique designs and inventions are protected from copying.

  1. Knowing your employment obligations

Recruiting and retaining talent for your business comes with its own set of challenges. Understanding and applying the rapidly evolving employment legislations to your workforce is crucial. Businesses within the wedding industry often rely on casual working and freelance arrangements that come with their own set of peculiarities. Having a lawyer who can assist you establish work place protocols, create employee agreements and provide advice in the event of an employee dispute is crucial to keeping your business on track.

The Wedding Lawyer is a platform that can assist you with all the above and as well as the following areas of law:

  1. Commercial and Corporate work
  2. Dispute Resolution
  3. Real Estate
  4. Intellectual Property
  5. Business and spouse immigration
  6. Employment

For more information contact: info@theweddinglawywer.co.uk

 

Business plans can make or break your wedding industry business and therefore it is worth taking time out to make one.

  1. Sums

Know your sums! One of the most important aspects of a business plan is ensuring the sums add up in the financials section. This is particularly important if you intend to pitch to investors, as they will be interested in understanding your calculations and projections for the business before they take a leap of faith and invest in you. Even if you are not looking for investment, knowing your sums will allow you to plan your financials better when starting out a new business.

  1. Succinct

A common misconception is that business plans have to be huge documents with hundreds of pages. An investor will want to understand your business from a quick glance and how it will make money. Therefore, keep your structure and language simple. It maybe worth having an executive summary to provide an overview of the business plan covering What the business does? How it will operate? Why it should thrive in a competitive wedding industry? Whether the sums add up?

  1. Suppliers

Know your wedding supplier competitors and your target market. Ensure your plan highlights how you are different to other suppliers in the wedding industry and who your business is targeting.

  1. Specific

Be as specific as possible about your business idea, how it will operate and how you intend to delivery your business plan.

  1. Style

A well-presented business plan could also influence whether someone may wish to invest in your business idea. Therefore, focusing on the style of your business plan can be just as important as the content.

For further advice about setting up your wedding supplier business contact: info@theweddinglawyer.co.uk