Bride Wants Refund- How do I handle this?

<p>I honestly don't see why you should give the deposit back. If that happened to me, I would not give the money back. It's in the contract that she signed and it doesn't make sense for you to lose that money, plus the money from the other potential weddings.</p>

<p>Nathan,<br>

She's not taking you to court, she's threatening you so she can have her money back. She's getting married in a few weeks and soon this will all be forgotten. If this is an indication of her personality, her friends probably already know this and they won't listen to her anyway. Tell her that the retainer is non-negotiable and that you're willing to release her from the contract. Also let her know that if she doesn't let you know in writing that she's cancelling your services, you're bound by the contract to show up at her wedding ready to shoot, because you are....-Aimee</p>

<p>Nathan -</p>

<p>For the communications part of this... Do it in writting and ask the same of her. No more VM's or phone calls.</p>

<p>Since she has requested you not to photograph her wedding, send her a written notice of cancellation (keep a copy for yourself) via registered mail. State in it that per <em>her</em> request, you will not be providing the photography for her wedding and that should you book another shoot of any kind, you will be more than happy to refund the retainer amount. (since that is what you agreed to in your contract)</p>

<p>As for Jurisdiction - she will want this as close to her new home as possible...however it all depends on what state the contract was signed in and where the wedding is going to take place as well as what state you are in. There is a possibility of multiple states, it could be confusing at best.</p>

<p>Good luck and prayers for your health!</p>

<p>Dave</p>

 

<p>Nathan, let me state right off that I am not a wedding photographer, and do not make my living via photography. This is just a great hobby for me. I do, however, pride myself on being able to think things through rationally. </p>

<p>Since you are 'getting out' of the wedding business, this thought is likely not of much use to you. Hopefully it will give the wedding pro's an additional angle to consider. At first, what several people were saying about returning the retainer in the name of good relations made some sense to me. Then, a remark from Bill Clark caught my eye. I always pay attention to Bill because I have seen some very good ideas and knowledge in his posts/replies.</p>

<p>It strikes me that if I am getting married, Bill would be the guy I would line up and pay a retainer to while I look for someone of acceptable quality who would charge less. I could do this because I know that Bill would refund my retainer when I find the photographer who fits my budget better.</p>

<p>With this in mind, I don't think it is a good idea to return retainers without some verifiable tragic situation being the reason for cancellation.</p>

<p>This is just my thought - take it only for what it's worth :-)</p>

<p>Ok, not a lawyer but some things to consider.</p>

<ol>

<li>The low sum they paid would keep the case in small claims court. No lawyers needed.</li>

<li>The fact that if it goes to court, she is the filer (plaintiff) and she would pay court filing fees. </li>

<li>At best, she would get the $250 back, but not the filing fees. SMC's are usually only able to renumerate provable costs incured by the plaintiff if they even win.</li>

<li>Contracts are usually enforceable where they are signed if they had not yet been executed. They are enforceable, in some cases, where they were executed only after they had been. </li>

<li>Once more, I am not a lawyer. These concepts may be different in your state. Check with a trusted attorney. Some of this information can be verified at the SMC clerks office. Prepare to shell out at least a c-note to get that attorney consult to defend your contractual right to keep the $250. Also change the contract to not provide even a possiblility of a refund. That can be either a gentlemen's agreement or just a surprise gift to the bride if all else works out. Like a previous poster said, having that in the contract implies an obligation on your part to attempt to book that date and therefore obligate you to refund the money. If the bride gets crappy and you decide not to refund, then you would be in violation of your own contract. Deciding to provide the retainer should be your personal choice and not a requirement. As written, you may be required to prove attempts to book that date. How do you prove that? Place an ad in the local paper notifying the general public that you are available? </li>

</ol>

<p>You might be better suited to use your attorney consult money to hire one to write a comprehensive contract. I only have releases and no contracts since I do not do weddings or other paid events. If so, I would send you a copy. </p>

<p>Forget court, lawyers...all that. I say keep the money...not out of spite but to prove a point. Being nice is not always the best move from a business point of view. These people sound like they would make lousy clients anyway and whatever you do they probably won't have any effect on your future business one way or the other. Save your energy on finding better clients and marketing your talents, not on people like this that suck the life out of you..and for what?</p>