Bride paid in full, but has not signed contract!

<p>I have left several messages with the latest explaining the contract states both parties are agreeing to the terms and conditions outlined in the contract. Also, the first page details the basic necessary contact information of the bride/groom and family members in attendance plus timeframe of the event. After the latest plea, she took a picture with her phone of the contract and sent it to my email. Is this even legal??? I never had this happen before and not sure where to go from here. I will send her a response asking for the contract in hand prior to photographing. THE WEDDING IS TOMORROW!! Please advise! Thank you! </p>

<p>Send her an email saying, "Thank you very much for your payment. Since you haven't signed the contract yet, I'm assuming that you accept all the terms described in the attached contract and that contract will govern my performance of photography services for you wedding."</p>

<p>It's not as good as a signed contract, but you could cause "damages" if you withdrew at this point. Documenting that a contract was contemplated and including it in the email, one more time, will give you pretty strong positioning in the event of a dispute.</p>

<p>Chill out. Doing what David suggested will help support there being a meeting of the minds. Sending the image of the contract back is also arguably an acknowledgement of its terms (acceptance) unless it says it must be signed or there is no contract. Even if that were the case, showing up and doing it will be a new one or make for an "equitable" basis to keep the payment. Plus you can bring the contract with you to be signed along with a typed in date (with maybe new language acknowledging that the photographer attempted to obtain needed information).<br /><br />Don't sweat it too much. The evidence and circumstances favor your arrangement.<br /><br />In the future, don't take money without the contract. If you need to get info later, throw in a line saying its the client's responsibility to fulfill whatever information inquiries are subsequently made and that they know it is necessary for the job to be done effectively.</p>

<p>Thank you David! I wouldn't withdraw but wondered about any possible ramifications should the couple "suggest" my obligations were not fulfilled. In light of that, I have a printed out version of her cell phone snapped contract so the signature and information is legible, but will have an additional copy handy. Thank you!</p>

<p>Unless you live hundreds of miles away, I'd stop by and discuss (communicate) in person to clear out any issues.</p>

<p>Les</p>

Under the federal Electronic Records and Signatures in Commerce Act (15 US Code 96), known as the ESign Act and

signed into law by President Bill Clinton in 2000, contracts between two people can be signed electroniclally, that is

signed and then coverted to electronic form by faxing, scanning, emailing, etc. Or even by signing with the finger on a

touch sensitive screen in a specialized app. Either party may however require a traditional original signed paper

document.

 

The federal statute applies to interstate and foreign transactions. However most states ( perhaps all by now) have similar

laws. If you and the B&G are in such a state, the emailed digital photo of the signed contract is binding.

<p>Nancy didn't say, at first, that the copy she got back was signed. That's much different. If figured it was unsigned given how common digital copy is used and the big reaction about being "legal". Even sending an unsigned version suggests circumstances or implied acknowledgment of the terms. There's a clear trail here plus clear evidence of a meeting of the minds. No sweat.</p>

<p>Distance doesn't matter .. communicate and solve out the thing..</p>

<blockquote>

<p>"Distance doesn't matter .. communicate and solve out the thing.."</p>

</blockquote>

<p>Time does matter. The wedding is over.</p>

<p>Thank you all for your responses! I expressed a sense of urgency since I needed some immediate feedback. The bride met with me along with her two year old son and paid me in full on the spot only one month prior to the wedding. Since her son was not going to cooperate any longer, we had agreed to email the contract and she would return it in the mail right away. I had placed several calls/emails/text requesting to have it returned but with no response. I, naturally, had been flustered but knew I would be fine with what I have on file. I saved all emailed correspondence (as I do with all my clients) and placed in the couple's file. To clarify, I would have NEVER not shown up to photograph their wedding! They are a very young couple and mostly likely place no importance on contractual details. However, if they had been intentionally careless, which did not seem likely, I wanted to avoid possible consequences somehow leading towards my obligations were not met or a discrepancy on the package itself.<br>

Also, the contract was indeed signed and somewhat legible, but really too small.<br>

Thanks again for the tips!</p>