[kcomissiong]

We entered a pageant for out daughter and provided the required entry fees. The director never mentioned that there would be a certain number of contestants that had to pay before the pageant would go forward. I spoke to her several times via email and she never mentioned the possibility of cancellation. We purchased wardrobe specific to this pageant (winter wonderland theme) and incurred expenses for alterations, which makes the clothing non-refundable. She canceled the pageant 36 hours before and notified me via email, which I did not receive until it was too late. I did not find out about the cancellation until 45 minutes before the event while standing in the hotel (after I called her to find out what was going on). She claims to have mislaid our entry paperwork and as a result, did not call us and says that her email notification should have been enough. She says that she canceled because she did not have enough contestants to make the drive. She did not even notify the hotel where the pageant was to be held, as they thought the event was still going forward and had the room set up when we arrived. Our five year old was absolutely devastated, as she had practiced and was very excited about the pageant. She has offered to return our entry fees, but will not reimburse us for the expenses we incurred as a result. Is this a breach of implied contract?

Are we able to sue for the expenses we incurred? (we have the receipts to prove that these items were purchased specifically for this pageant and were purchased only after we registered and paid our entry fees). Did she fail to do her due diligence but not calling us to inform us of the cancellation, or never mentioning that the pageant going forward was contingent on the number of contestants? If we sue her successfully, do we have to turn over all the items that we purchased to her?

[smoothy]

It would all depend on EXACTLY how any contract was worded. And as much as I hate to say it... you may have to pay a lawyer to review it.

Also where you live as in Country, and state or Province is important. Laws may vary by location. We do have members from all four corners of the globe so to speak... so assumptions can't be made as to where you are.

[kcomissiong]

We are in Richmond, Virginia. There were no terms or conditions or even a mention of cancellation in the paperwork. All we had was an entry form with the time and place of the pageant.

[excon]

If we sue her successfully, do we have to turn over all the items that we purchased to her?

Hello k:

Yes. Your lawsuit is designed to make you WHOLE - not ahead.. If she PAYS for the things you are OUT as a result of her breach of your contract, she gets to have them. Or, you can keep them and sue her for less.

excon

[kcomissiong]

Thank you to everyone who has shared so far.The text below is the exact paperwork we filled out and returned, minus identifying details.

We do accept PayPal, fees through PayPal must include a 4% handling fee. PayPal to [email protected] No door entries will be accepted. You must send in your entry and deposit to enter. We do offer a sibling discount.
Name ________________________________________________ Age________ DOB_____________________
Address __________________________________________City____ _____________State_______Zip________
Parent's _________________________________E-mail_____________________Phone____________________
* Mark events entering for one or both pageants and be sure to fill in the age division competing in.*
Entering XXX _______ Age Division ________
Beauty $45_________, Casual Wear $10________, Natural Photo $10__________
Sides – $5 each ------ Simply Adorable _________, Sweetest Face___________, Prettiest Eyes __________
Total for all events: $80 or save $10 and do all events above for $70 by sending in your entry & deposit by Jan. 10th!
Entering XXX________ Age Division ________
Beauty $45______________, Outfit of Choice $10 ____________, Photogenic $10_______________
Sides - $5 each ---Best Dress ________, Best Smile __________, Prettiest Hair _____________
Total for all events: $80 or save $10 and do all events above for $70 by sending in your entry & deposit by Jan. 10th!
*****Special***** - Enter both pageants for $120 with entry and deposit in by Jan. 10th!
Total Amount Enclosed $________ ($30 deposit required to enter 1 pageant, $60 deposit required to enter both, the deposit is subtracted from your total and balance due can be paid at registration) No Checks Accepted. Entries will be accepted after the deadline date with a paid in deposit but the discounted prices will not be honored.

[kcomissiong]

Thanks so much!

[excon]

Hello again, k:

You've got a rock solid case. It LOOKS like a contract to me... But, here's the clincher... The law says that IF a contract is VAGUE on a particular subject (and this one IS), the party who PREPARED the contract will LOSE.

excon

[kcomissiong]

Thanks again. That is pretty much what I thought, but my judgment was clouded by being pissed!

[smoothy]

Always helps to have a second... or third.. disinterested party look it over.

[excon]

Always helps to have a second...or third..disinterested party look it over.

Hello again, smoothy:

That's what a small claims court judge IS - a disinterested third party. His "advice" is pretty cheap too. The filing fee to have him hear her case is about $50. I don't know many lawyers who would give her advice for that little.. Plus, she has the added advantage of THIS lawyer (judge), being able to back up his advice (court order) with TEETH.

We've had this argument before. You didn't agree with me then. I doubt you'll agree with me now.

excon

[smoothy]

Don't have to agree... all the time.

THe OP knows what their next step should be now... rather than just stewing over it like they were. And more confident than they might have been otherwise.

[Fr_Chuck]

Looks like a good chance of winning, they should have been clear. The only defense they may have is that if it is "common knowledge" and "common Practice" for these types of events to cancel if there is not enough people.

In those cases then some clauses are expected or normally known.

Also their defense will be that pagent clothing may be used in other events. Most Pagent families go to dozens each year. ( or more)

Just telling you what to expect as a defense they other side may use.

[Emland]

Is the pageant person in the state of VA? You may win the judgement but have no way to collect. I have run into a similar situation (different scenario than this) and have a 5k judgement on a couple, but they moved to Texas. It is hard to get a garnishment on folks out of state without having to pay an attorney.

[smoothy]

That's always the case with a judgement... winning it is only half the battle. Collecting it is a separate issue... and the more difficult of the two.

[kcomissiong]

Well all of my additional info didn't show up so I'll restate here...

Generally speaking, if a pageant is contingent upon the number of entrants, the director will note in on the paperwork (ie: prizes depend on XX# of entries, or must receive xx# entries by date, if canceled, will refund or roll fees to next event)

Both parties are in Virginia.

This pageant had a theme (winter wonderland)and wardrobe was purchased with this in mind. I may be able to re-stone the dress for another event (it has snowflakes) but furry casual wear won't work in the spring. Our daughter is five so saving it for next year is out of the question; it won't fit. Additionally pageant clothes are altered to fit very closely since fit affects scores.. they fit for a couple of months at most. We only do about 4 pageants per year and weren't planning to reuse these items.

I think that everyone can agree that even if a cancellation policy was in place, not advising a participant of the cancellation is just rude. Having a little girl find out 45 minutes before is cruel.

Thanks everyone for your help, this has been really great to have some advice and a sounding board.