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breaking a contract for next year

13 years 2 months ago #157251 by kat.taylor
My advice won't help you this year, but it could prevent you from having the same problem next year. Our outgoing board does pick the fundraising for the next year, but they will only sign a contract that stipulates the next year's board approval. Any companies we work with allows us to do this. It allows the school to benefit from early signing bonuses without locking a new board into something they hate. We also try to include potential new board members in any decision that will affect next year. Sorry I couldn't be more help.
13 years 2 months ago #157250 by MIDad
I think the first thing I would try is to contact them once more and see if you can renegotiate the contract to get better terms, instead of trying to get out of it altogether. Know ahead of time what you'd accept and what you'd really like, and see if you can work it out.

If that doesn't work, you could tell them that if they insist on holding you to terms your predecessors signed and the current board dislikes, you'll abide by the contract. But also tell them that as soon as the fundraiser is over, you'll tell your parents and every other PTO you can get in touch with how they held you over a barrel. The danger of bad PR might make them back off.

If neither of those things works, you're probably stuck. A contract is a contract. Unless there was fraud or duress, one party was not competent to enter the contract, there's a mistake of fact or law in the contract, or a few other reasons not likely to apply, you're bound by the terms of contracts entered into by your predecessor board. If you have a parent at your school who's an attorney, you could ask him or her to review the contract and see if there's a way out, but otherwise you'll have to either abide by the terms or risk a lawsuit.

I don't know whether any fundraising company would really sue you for this; the PR would be even worse than you telling everybody how they treated you, and would probably drive away other business. But it's a risk.

Good luck!
13 years 2 months ago #157247 by confused
breaking a contract for next year was created by confused
Okay, here is my problem. Last January the fund raising company we used the previous year wanted us to "reserve" a date for this fall. This reservation turned out to be a contract. It was signed by last year's president. We now have discovered a new company that has much better prices (cookie dough) and we think provides much better service.

Now the old company says sorry, you already signed and you are obligated to work with us. Since this contract was for one, signed by the old board, and two, the sale is not scheduled until late September, are we really obligated?

Please give me your opinion and I would prefer that companies stay out of the discussion unless you have a very pertinent comment.
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