Sandra Rodriguez and her family signed a contract with Grupo Mazz, a popular Tejano band, to perform for their daughter’s quinceañera December 29th, however, with the death of lead singer Jimmy Gonzalez, Grupo Mazz is no longer able to perform at the event and have refused to refund the Rodriguez family the $7,000 they paid for the performance.
KRGV’s Angelo Vargas reported the story and interviewed Rodriguez who said that the $7,000 was “solely for the performance,” and according to the contract, “only Jimmy (Gonzalez) can cancel the contract by an act of God or death, however, it doesn’t stipulate in the contract that the money is to be kept by him or his estate, nor does it say that it should be refunded.”
Vargas reached out to the Gonzalez family and claims that they were willing to give the Rodriguez family $1,500 to settle the disagreement.
Here’s Moore Law Firm’s Take On What The Rodriguez Family Should Do
Since we have never read the contract in its entirety, our opinion is purely speculative, however the Rodriguez’ ability to reclaim their $7,000 hinges on a few facts:
- Clause 15 of the contract states “Only Jimmy Gonzalez Y Grupo Mazz can cancel this contract due to any act of God, death.” The first fact that needs to be established is if the contract has, indeed, been canceled and whether the completion of the contract now becomes an “impossibility,” a term used in contract law that may remove liability from all parties involved in the contract. Any law school student can already see that this clause would be triggered due to Jimmy Gonzalez’ untimely death and also breach the “impossible” test as it is absolutely impossible for the band to hold up their obligation of the contract, meaning that the contract would no longer be legally binding and is likely entitled to the restitution of her money.
- According to Rodriguez, there is no language in the contract that stipulates what happens to the $7,000 if the contract is canceled. As we have already determined that the contract’s “Cancellation Clause” has been triggered, there also isn’t any language that dictates where the $7,000 would go if the contract is void. Any court would easily force Grupo Mazz to reimburse the Rodriguez family the $7,000.
- The $7,000 was for the performance to Grupo Mazz and no other payment was to be made. A brief analysis of the screenshots of the contract along with what Rodriguez stated in her interview leads us to believe that there was only one payment made to Grupo Mazz for everything. This is very important because typically, venues or other contracts will have a non-refundable deposit to secure the date and a subsequent 2nd payment for the services rendered. These initial deposits solely secure the date of the event and are not for services rendered on said date. In most cases, these types of payment are not refundable. In this case, just because the contract simply stated “deposit” with no actual terms and conditions regarding a “non-refundable deposit,” a court would likely award the full $7,000 for Grupo Mazz’ breach of the contract.
What Should I Do If I Have Issues With A Contract?
Really, you should speak to an accredited attorney to review your contract before signing anything, especially if you agree to terms on a contract worth thousands of dollars. If you believe that you’re a victim of a breach of contract, you should, again, reach out to an experienced breach of contract attorney to help you navigate your legal options.
Call the McAllen Breach of Contract Lawyers Moore Law Firm Today!
If you have any questions regarding contracts and breach of contracts, call the McAllen lawyers at Moore Law Firm today at 1-800-444-2780!