Best way to refuse service?

<p>I've been talking for sometime with a potential client in reference to a wedding event. I created contract proposal however nothing has been signed and no funds exchanged. My issues is I'm getting a bad gut feeling about working with this person as a client because they pretty much requested that I gut my contract to meet their needs. Initially I was able to make some changes. However more changes were requested and I'm at a point where I don't' think it's worth the trouble. I've been using the same contract for years. I've even had lawyers as clients and nobody's has gone to the length that this person has in terms of requesting changes.<br />I've pretty much decided I want to walk away from this. Anyone with similar experiences. I would like some advice on the best way to do so.<br>

Thanks</p>

<p>Hi Mario, I have been in sales for 25+ years (not in photography). My response would simply be something like this: (I have had to turn stuff down too)....<br>

" Dear Mr. Customer" In order for me to remain profitable I have certain criteria that I need met to accomplish this.....that is why I have my contract worded the way I do. If I change it to meet your needs, I am not able to meet mine. I have financial interests and obligations that need to be protected and that is the purpose of my contract. I feel at this time I cannot serve your needs and/or expectations."<br>

Remeber Mario, at the end of the day..you are in business to MAKE MONEY. The rest is gravy. Offer your potential customer no other explanation. You alone are in control of your customer base. In the spirit of goodwill, perhaps you could recommend an alternative photographer if you feel it appropriate.<br>

Good Luck!<br>

Mark</p>

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<p>Try this sometime, and here is where you made the mistake in the first place. Don't gut your contract for them. Either they like what you have to offer or they don't. As soon as you make cost adjustments for any client expect the old saying, give an inch and they take a mile. So next time don't make changes if they don't like the quality you are selling they can go some place else. I would tell them with this next set of changes sorry, I did make some changes but can't make anymore changes and see what they say. If they walk away from you so be it then you don't have to write a "Fire the Customer Letter" and they may say OK we are in and come up with a deposit and signed contract. Business is Business as usual.</p>

<p>You can also just present your original contract with all changes removed, or include one or two of the original small/insignificant changes. If they don't like it, they will walk, end of story. If they start ranting, you can explain that with due consideration, the total of their changes was too much of a variation of your normal contract and this is your current offering. </p>

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<p>It doesn't sound like this is about money - more about contract provisions and language / wording - Right? </p>

<p>If that's the case then you have three options: <br>

1) agree to everything they want - without question - </p>

<p>2) agree to some of what they want and see if they will compromise</p>

<p>3) agree to none of it and leave it on the table. </p>

<p>Sometimes people get picky over things in the contract that never will or may never come into play. I had one bride get nervous about the clause that says she can't submit the photos as hers to a contest. I explained that would basically mean that she had somehow taken her own photos. Once she realized what the contract said she was fine. </p>

<p>The question becomes - are they being picky for picky's sake or are they being picky because they don't deal in contracts and are unsure of the language and content? </p>

<p>The next question is are the changes major or minor - and can you live with the revised terms? I think you may have already answered this one - as a Major and a NO. </p>

<p>For the record - I've had one client (who is a lawyer) change the terms on my contract - she struck the part about portfolio usage and the part about the right to substitute another photographer. </p>

<p>I accepted both changes and she turned out to be a great client and it was a great event. </p>

<p>Dave</p>

 

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<p>If they start ranting, you can explain that with due consideration</p>

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<p>If people start ranting, I wouldn't bother explaining. I would just walk away.</p>

<p>Would you make money from this deal? If you would then swallow your pride. If you won't then politely say that you can't comply.</p>

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<p>I would like some advice on the best way to do so.</p>

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<p>Try honesty with standard business polite rejection language such as...</p>

<p><em>Dear Mr. XXX,</em></p>

<p><em>Thank you for your interest in my services for your wedding scheduled for YYY. After careful consideration, I have concluded that I am unable to provide services in accordance with the terms you require and will not be able to photograph the wedding.</em><em> There are many photographers who offer an array of services with varying fees and terms. I recommend contacting photographers in the area soon so that you may find the best suitable services available. </em></p>

<p><em>Best wishes for your upcoming marriage.</em></p>

<p><em>Sincerely,</em></p>

<p><em>Mario N.</em><br /> <br /> The letter format also creates a record should there need to be reference to it later. Rejection of services in business usually come in the form of a letter anyway. Its standard procedure and cuts to the chase with minimum fuss.</p>

<p>Since I really didn't answer the question - Plus 1 to John's excellent letter and advice - after all - it's not personal - it's just business. </p>

<p>Dave</p>

<p>Once again John gave amazing advice, but I have to stop and wonder one point: if the project is profitable for you and if the clients themselves - in terms of their behaviour and overall demeanour - are not problematic, then how about seeing if you can accommodate their requirements WITHOUT sacrificing any of your legal rights (or at least, not in a way that compromises either your business or your intellectual rights more than you'd care to), then I personally would agree.</p>

<p>In the end, simply hand the contract over to a lawyer and go over the changes together and see what effects it may have on you.</p>

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<p>I've pretty much decided I want to walk away from this. Anyone with similar experiences. I would like some advice on the best way to do so.</p>

 

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<p>Since no contract had been signed and no deposit paid, you are free to do whatever you want. I've turned down clients based on venues and some other things. If clients don't sign me on the spot then I'll email them back and tell them the date has now been booked by another couple. </p>

<p>To me the problem isn't gutting of the contract but the act of continuous gutting suggest that the clients are unsure, and would likely still be unsure at the end.</p>

<p>Hi All,<br>

Thanks so much for the detailed and quick feed back. The main thing to me is how anal this client seems to be. Even suggesting where commas and periods should been in paragraphs. My gut tells me if it's this much of a pain before we even complete the contract it could be worse after the wedding.</p>

<p>If the client is suggesting where periods and commas should be, and they're not English professor's then I say do as John suggested. A simple but polite email is sufficient. </p>

<p>Dave</p>

 

<p>Each proposed change to a contract is whole a new offer, and with each proposed change comes the ability to say, "No," and walk away. Having been in long negotiations does not obligate you to anything.</p>

<p>Commas and periods locations in a contract is work for a lawyer, not an English professor. Adding/removing/moving punctuation can change the whole meaning of a paragraph, just ask any commercial contract lawyer. Time to bail on this client as Kirk suggests.</p>

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