Legal Question in Consumer Law in Texas

Wedding Reception / Banquet Gratuities

After a recent reception in Houston TX, we were charged 20% (agreed) gratuity on the gross amount (incl. taxes), not the net amount. The restaurant says the contract states that gratuities are inclusive of taxes in the following extract from the contract: ''.... the final bill including tax and 20% service.'' I do not believe that sentence states that the gross amount will be subject to 20% gratuity. The wording is ambiguous but I have always understood that we are tipping the food and drink provided, not the state tax. Many thanks.


Asked on 10/15/07, 7:32 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Wedding Reception / Banquet Gratuities

Based on what you have stated, there seems to a potential ambiguity in the language of the contract. If your case went before a jury, this "ambigutity" of course would be ultimately decided by those jurors. Depending upon the amount of gratuity, it may or may not be worth the legal expense of pursuing such an action. Additionally, some causes of action in Texas allow for re-couping attorneys fees in contract breach cases. If my lawfirm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) for a consultation.

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Answered on 10/16/07, 11:36 am


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