You quoted a photographer package for "up to 130 guests." 185 guests arrive. You are now shooting a wedding twice the complexity you contracted for. The bride is furious that you will not cover extended family portraits you never agreed to shoot. Who''s right?
The legal side
Catering and bar contracts usually price on headcount. Photography, videography, and DJ contracts often price on hours — but they scope on guest count because it directly affects workload.
If your contract has a guest count column and the actual count exceeds it by more than 10–15%, you have grounds to:
- Refuse to add deliverables that depend on the higher count (all-guest portraits, etc.).
- Invoice for an overage consistent with your stated pricing tier.
- Document the discrepancy and preserve your position.
What most vendor contracts should have
- "Guest count as represented" clause: the price is based on the count the client represented in writing. A material deviation (>15%) is a breach by the client.
- Overage fee: pre-set, per guest over the stated count, so the vendor is not negotiating on-site.
- Deliverable-tied-to-count clause: family portraits = the family you showed us in the pre-event questionnaire, plus immediate siblings. Not the whole extended family.
What Texas courts look at
In a contract dispute, Texas courts look at the four corners of the contract first. If the contract says "up to 130 guests" and 185 arrived, the bride is the one in breach — not the vendor who was simply asked to expand work without authorization.
The ambiguity problem: if the contract says only "wedding" with no count, the implied industry custom fills the gap. Industry custom in Houston is that "wedding" pricing is based on approximate headcount; if you booked a $4,000 package that the vendor quotes for 120-person events, it is expected to be a 120-person event.
The client''s realistic argument
"We didn''t know exact count at signing" is valid. That''s why a professional contract has:
- A "preliminary headcount" at signing.
- A "final headcount" due 30–60 days before event.
- An overage clause triggered by the final count, not the on-day count.
If the bride missed the final-count deadline or provided a number she knew was low, she is at fault. If she provided an honest best estimate and the guest list ballooned, it''s a shared issue.
What actually works
A pre-event questionnaire, reviewed at the 30-day meeting, with a signed addendum if anything changes. 15 minutes of paperwork saves the fight on the day.
Sources: Texas State Law Library — Consumer Protection, general contract-interpretation principles under Texas Business and Commerce Code.