Cancelled Wedding Contract

<p>Hi there!<br /><br />I booked a wedding back in January, I met with the clients for their in person consult a month ago where the work was paid in full and contract was reviewed and signed by all parties. I use a regular second shooter and as outlined in my contract I reserve the right to choose my second shooter if I feel it is required.<br />My clients know the second shooter personally (which is why they got a discount on services in the first place) and agreed on her attending upon signing the contract, days later letting me know they had included a meal for her at the reception as well.<br /><br />2 weeks after that the client calls me telling me her mother (mother of the bride) does not want my second shooter attending because she does not "LIKE" her. I explain that this is who I have worked with for years blahblahblah and hiring someone else will be at an additional cost as her fee is worked into the cost of service already.<br /><br />The client says she just wants me to work alone and is not prepared to pay for anyone else. Then the next day messages me saying that due to "difference of opinion" they want to cancel the contract.<br /><br />Their retainer fee is non refundable and they understand that, however I am now on the hook for still paying my second shooter, in addition I provided gift certificates for their stag and doe (exclusive to CLIENTS only) as well as digital UNPLUGGED file creation to hand out to all their guests. Ironically enough their affiliation with my second shooter saved them $400.<br /><br />Where do I go from here... how do I know what to refund... they want everything but the retainer which won't cover the second shooter services, gift certificate, engagement session and images they have already received. <br />A friend who JUST started working for a lawyer said them refusing my second shooter was a direct breach of contract and nothing should be returned.<br /><br /></p>

<p>Here's what I do: if I have had a single inquiry for that same date, which I turned down because I had contracted with you, no refund is offered. That is specified in my contract. I always keep proof of the other request. Otherwise, give the refund and be done with them.</p>

<p>In your case though, I'd deduct individual full-price versions of the services already provided and give them what's left.</p>

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<p>Where do I go from here</p>

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<p><strong><em>I am now on the hook for still paying my second shooter</em></strong><br /> <em><br />---</em>Does the contract with the second have a clause on what happens if the client cancels such as a pro rata share of the retainer or something else? Does the 2nd have prospects for shooting something else that day? These type of things tend to effect the outcome. Since you know the shooter and there is some social issue involved, maybe you can work some thing out with them as well. Although, the social issue may make the 2nd angry instead making a work out more challenging.<br /> <br /> <strong><em>I provided gift certificates for their stag and doe (exclusive to CLIENTS only) as well as digital UNPLUGGED file creation to hand out to all their guests.</em></strong><br /> <br /> <em>---</em>If the contract is canceled/breached with the liquidated damages established, why would there be further obligations to perform or different damages claimed on your part?<br /> <br /> <strong><em>I'd deduct individual full-price versions of the services already provided and give them what's left</em></strong><br /> <strong><em>&<br /></em></strong><br /> <strong><em>A friend who JUST started working for a lawyer said them refusing my second shooter was a direct breach of contract and nothing should be returned.</em></strong></p>

<p>---I would follow what my contract dictates rather than potentially breaching it myself and then update it to address these kind of contingencies in the future. I don't know what your contract says and, perhaps, additional relief could be available. The advice above, however, disregards the issue of the liquidated damages/ retainer clause which, if not followed, can make this problem much worse. Actual advice should come from a real attorney knowledgeable in contracts.</p>

<p>You might discuss this with an attorney in you area. Any refunds should reflect your costs for this advice. Frankly though I agree with Patrick. If you have turned down other work for this date or can't book something I'd refund nothing unless your contract deals with the issue differently. That's my opinion though and not legal advice since I'm not a lawyer. My guess is that if you hold that position you'll end up shooting the wedding.</p>

<p>Rick H.</p>

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<p>"If you have turned down other work for this date or can't book something I'd refund nothing"</p>

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<p>Keeping an entire fee when the bulk of the work and product (arising from the wedding itself) is not tendered? Good luck enforcing that.</p>

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<p><br /><br />unless your contract deals with the issue differently.</p>

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<p>Most likely the retainer (liquidated damages clause) has that effect. Maybe (a big maybe) itemized services and product will also count if worded consistently and to a reasonable total amount.</p>

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<p>Without knowing the exact terms within your contract, as well as where you and the client are, none of us can give you any advice which is either a) helpful, or b) legally defensible.</p>

<p>If you are unwilling to share this (perfectly reasonable given the context), then I would advise you take the contract, as well as ALL your correspondence with the client to an attorney and consult with them.</p>

<p>There are some questions which I would also ask:<br>

a) have you discussed the situation w/ the 2nd?<br>

b) Did you require payment in full? (or do you only require a deposit, and the payment in full was in excess of the minimum contractual requirement?)<br>

c) Does the contract explicitly explain/detail the terms of a breach?<br>

d) why is it that you are obligated to pay the 2nd even though the contract has been cancelled?</p>

<p>The language you used in your original post is ambiguous, and does not clearly state the conditions of the contract.</p>

<p>In GENERAL, I typically require a deposit/retainer of 20% which is non refundable. If the contract is cancelled, the client is ALSO responsible for any tangible costs (such as equipment, supplies, etc.) I need to purchase in preparation for providing service (assuming the cost is incurred prior to cancellation). But that is in MY contract. I have had a few cancellations though, and have never tried to collect anything beyond the deposit/retainer. </p>

Well this is written by someone with many years of writing bad and finally good contracts, for weddings

to business inventions. I always use an attorney to write my contracts, not copied from books.

 

I'm not an attorney. Contacts are for the real pro's to write. You ggive them a few hundred dollars and

the contract is done the right way - your way.

 

I stronglybelieve that every business related contract needs some room written in the contract regarding

"Clauses."

 

In your case I would surely have a clause stating that if a wedding has been cancelled and or the

phtotgrapher isn't needed - No refunds or deposits are returned.

 

Here's the cool part of this. - The photographer will honor the use of the held money deposits for future

events. Good for -whatever length of time you feel is reasonable. I usually offer 1 to 3 years depending

on how nice or nasty they are! During this time I usually call them every 6 months or so. So in good

faith you are STILL providing your photography. One time a couple asked me to do a family portrait at

Christmas. There were a mess of people there. Maybe 35. After all of the reorders were done I made

about $3000 just for being nice and this job took a grand total of 2 hours.

 

So that's my advice. Keep people happy, very happy and they will remember you in a good way as a

true professional and remember you for many years.

<p>1. Sounds like there's a disconnect between the cancellation terms of the contract you have with your second shooter and the contract with your client. I would get all future contracts aligned so you avoid this. The agreement with the secondary shooter should give you an escape clause that allows you to cancel the 2nd shooter if your agreement with client is canceled and there should be no cost for you to cancel.</p>

<p>2. Most wedding photo contracts include a cancellation window, often sliding. Cancelling with 90 days notice - zero charge, 60 days notice - loss of deposit, 30 days notice - 50% of the contracted fee kind of thing</p>

<p>3. I agree with previous comments, you need to spend the money on getting an experienced contract attorney write up both client and secondary shooter contracts. Put in spots for the customer to initial the cancellation terms to remove any chance of "I didn't read the contract" nonsense.</p>

<p> </p>

<p>Get an attorney - don't listen to any other advise you get on this from a photography forum. </p>

<p>There are some on here who are well versed in legal matters, but without seeing your contract, knowing the laws in the state you are in, etc.. no one can give you accurate advice. </p>

<p>And just to add to it - you have 2 contracts to deal with - the one between you and the couple and the one between you and the second. </p>

<p>If I were in this situation I'd either shoot alone (which I do 90% of time anyway) or get another 2nd for the day. Tell your current 2nd the truth - and give them a day off. </p>

<p>Dave</p>