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Hard-nosed or soft? Client wants retainer back. . .


bob_schueler

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<p>Regardless of what you call a payment given at time of signing a contract, a judge will most likely side with the consumer. As a photographer, if you haven't done anything photographic for this client, you likely will lose in court. If you shot an engagement session as part of your contract, then you have done work that would require payment, and the retainer, deposit, booking fee, whatever, would be compensation for services rendered. Unless your contract has been thoroughly gone over by a contract attorney and this is addressed to get your wishes, you are spitting into the wind hoping to win a spitting contest.</p>

<p>Stay out of court, and return her money. It is a long way off to November. You could book it. Or not. But legally, you may not have leg to stand on. Unless your contract is ironclad, legally. Probably not. Since you are asking.</p>

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