Cancelation of wedding contract

<p>I had a wedding scheduled for this coming weekend. The contract had both the bride & groom's names on it, only the bride signed.<br>

I emailed the bride to confirm everything last week (I have everything in contract, we just hadn't talked in a few months). I received a reply email 2 days ago saying the wedding had been canceled, from the groom.<br>

What type of cancellation letter do I need to send to the bride? I need to do everything quickly, since the wedding was scheduled for this coming weekend.<br>

Thank you!</p>

<p>You need to get it in writing that the wedding is canceled and that any fees owed you are paid as per your contract. You do have a contract don't you? If yes, then what does it say for this type of thing? If it says nothing then you're up in the air and need to contact a lawyer ASAP.</p>

<p>Thanks, Dan!<br>

So does something like:"(my name) hereby release (the clients names) of wedding contract from (wedding date/location) contract signed (date it was signed)."<br>

Or do I need it to read: "Clients names hereby release (my name) of wedding contract from (wedding date/location) contract signed (date it was signed)."<br>

I do have a contract and it says that I keep the deposit. I just am not sure how to word my releasing them of their contract.</p>

<p>Hi Sera,<br>

I'm not a lawyer, but if the bride signed the contract, then the bride is the one who needs to cancel it. It's more important that she releases you at this point then you release her.<br>

Unfortunately, you really don't know for sure that she wants to cancel this contract, so at this point, you are obligated to photograph this wedding and if she doesn't cancel it in writing, she's obligated to pay you too.<br>

I'm sure you can easily resolve this, but act quickly.....-TED :-)</p>

<blockquote>

<p><em>I received a reply email 2 days ago saying the wedding had been cancelled, <strong>from the groom</strong>.</em><br /><em> </em><br /><em>What type of cancellation letter do I need to send to the bride?</em></p>

</blockquote>

<p>From the information provided, where I work,<strong> the Bride has not yet cancelled the contract</strong>.<br>

<br /><br />Firstly an email is not a document which can cancel a contract (here).<br />Secondly the signatory of the contract must be the signatory of the cancellation of that original contract (except for very unusual circumstances) - the Bride signed the original she must cancel same.</p>

<p>I am not giving legal advice nor suggesting I know details of Contracts Law in your jurisdiction, but I do suggest you get expert advice BEFORE you send any document or form to either the Bride or the Groom.<br />Under Comon Law where I work, from what you have outlined, if I were in your shoes, I would still be under the obligatoion to arrive to shoot the Wedding . . . but as I mentioend I don't know the law, where you work.</p>

<p>I would be contacting the Bride and in person, but before that meeting, I would seek professional advice and know what the legal position was and I would have the apporopriate paperwork ready to be signed, should that be the Bride's desire.</p>

<p>WW</p>

<p>Thanks Ted, you are right, I'm not sure she actually cancelled it.<br>

& WW, I will look more into this before sending the bride anything. I am still preparred to be at the wedding location at the contracted date & time.</p>

<p>good work.</p>

<p>If she does not cancel it, won't she then be liable to pay you in full for a wedding that didn't take place?</p>

<p>Sera - </p>

<p>If you are in the US - you need to get (from the person that signed the contract) a release - stating that you are released from all liability, responsibilities and commitments to them regarding the wedding and any services. Furthermore it needs to state that you are keeping without further obligation any and all sums paid. Send two copies - one for her and one for her to return to you. Also include a signature line for a witness. </p>

<p>Problem is that time is not on your side - even if you send a letter certified she will not get it prior to Wednesday at the earliest - worst case it may be Thursday - then she has to sign it and get it back to you. </p>

<p>My advice would be to call the bride and find out what is going on. Under no circumstances at this point do you not show up at the venue - unless / until you confirm with her that the wedding is off and you get the cancellation signed.</p>

<p>Nish - depending on the location and laws of the locality, and the terms of the contract, the bride may be liable for a) retainer paid, b) full amount or c) none of the above. Some jurisdictions have ruled that "Deposits" or retainers are fully refundable others only in cases where the vendor was not able to secure a comparable event to replace the original. </p>

<p>Good luck - <br>

Dave</p>

<p>Nish, I suppose that technically she would. I don't want to make her pay for a wedding that didn't happen. I just don't want to "not show up" & have the wedding be going on. I've read horror stories online of a photographer being sued for just that. However, I don't think the groom would say it was canceled if it wasn't.<br>

I'm going to do more research & go from there. I will contact the bride & get everything sorted out before this weekend. I do have it in my contract that the clients may cancel prior to the Wedding Day (with deposits forfeited & with written notice). </p>

<p>by the way - I had my first (and so far only) cancellation handled in a similar manner - the bride signed the contract, got a phone call from the groom - months before the wedding - that they were having 2nd thoughts about having a non-family member do the photos (apparently one of the distant cousins is a photographer) and they wanted out. I sent a letter to the bride as described above - and got everything signed, sealed and delivered.</p>

<p>Dave</p>

<blockquote>

<p><em>"I don't think the groom would say it was canceled if it wasn't"</em></p>

</blockquote>

<p>Aside comment:<br>

On the face of it is seems that the Wedding is off and the Groom is doing the 'cleaning up". I agree this is the most likely situation. <br>

But YOU need to cover your butt - this is why I made the other point about the email correspondence <strong><em>and I questioned its validity as legal document to cancel a contract</em></strong> - from what you have disclosed, all we know is that <strong><em>someone</em></strong> sent an email to you - using the groom's computer and / or login.</p>

<p>WW </p>

 

<p>Thank you, David. I have written my cancellation agreement "greatly inspired" by what you had told me, so thank you very much :).<br /><br />Does this sound good?:<br /><br />CANCELLATION FOR WEDDING PHOTOGRAPHY AGREEMENT<br />Between Photographer: name<br />Address of Photographer:<br />And:<br />Client: names<br /><br />I, Client, release Sera of all liability, responsibilities and commitments and services regarding our “agreement for wedding photography” (date contract signed), regarding (wedding date). I hereby forfeit my deposit of ($ amount), and no further monies are due or owed by either party (photographer or client).<br /><br />I, Sera release Client of their contract with me for our “agreement for wedding photography” (date contract signed). Sera will keep the deposit of ($ amount), without further obligation, and no further monies are due or owed by either party (photographer or client).<br /><br />IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE DATE ___/___/2010<br /><br />THIS “CANCELLATION FOR WEDDING PHOTOGRAPHY AGREEMENT” MUST BE RECEIVED BY PHOTOGRAPHER BY MAIL TO ADDRESS LISTED ABOVE BY 10/15/2010, OR CANCELLATION AGREEMENT BECOMES NULL AND VOID.<br /><br />Signature of Client(s) ______________________________________________<br />Signature of Photographer __________________________________________</p>

<p>Should I include anything in the cancellation agreement about why the wedding was canceled? Or that it was canceled by the Client? Or does it sound fine as is?<br>

I'm going to send that as an attachment to an email, as well as mail it tomorrow (too late to get sent today, sadly). My email will read:<br>

Hello Client,<br />I received an email from “email address” stating that the (date of wedding) wedding has been cancelled. I’m sorry about that, and will release you of your contract, however, I will need you to sign a release form (attached) and I must receive it by 10/15/2010. It must be mailed to me at: my address.<br>

Please respond to this email as soon as possible so I know that you have received it. I am also sending you the cancellation agreement by mail to: your address.</p>

 

<p>Sera - </p>

<p>Not being a lawyer - I'd say it looks good except I'd add "Goods or services" to the part about no further monies due... Make it clear that you're done. </p>

<p>Before I send the e-mail - I'd try to call the bride with the number she gave you on your contract or any number that you have. The last thing I would want to do is send an e-mail out of the blue to a bride who may or may not be aware that her wedding is canceled. There's too many email hacks and people that think something like canceling the photographer for the bride would be funny. </p>

<p>In the situation I described - the groom actually called me and we had a good 40 minute conversation - with him apologizing left, right and in between - saying that he really didn't care who did the photos, but he wanted peace in the family. During the conversation I informed him that I would be sending the cancellation agreement - and to watch for it. I think in the end - he was glad he called instead of just e-mailing me. </p>

<p> So - Add the goods and services, CALL the bride first, then E-mail and Snail Mail. </p>

<p>Dave</p>

<p> </p>

<p>THIS IS NOT LEGAL ADVICE but just a comment.</p>

<p>The release form <strong>has no facility for the Clients' signature being witnessed</strong>.<br>

Also, other points which might be applicable:</p>

<p>Dunno about your jurisdiction and law but also to terminate some contracts here, the Witness also <em>has to be of some Rank </em>- like a Notary, Solicitor or Justice of the Peace and or etc. and it is their responsibility <em>to adequately identify the signatory</em> and witness their signature, <em>with the same pen</em>; and the Witness has to <em>provide identification</em> – such as a residential address, or Registration Number etc.</p>

<p>I again suggest you are aware of the law as it applies in this situation and in your jurisdiction. </p>

<p>WW</p>

 

<p>First of all, it is not unheard of for a bride or groom to claim the wedding is off, when it really isn't, just to get out of the photography contract. I would call the other vendors, particularly the catering hall or church, to find out if the wedding is really off. It could very well be that the wedding if off, and it could be a stressful time for the couple, with your seeming distrust adding to the stress, but you need this information.</p>

<p>Secondly, I would prepare the cancellation form and personally meet with the bride, so she can sign it. I don't trust the mail, particularly if you can't use the certified service. Unless this is done (the bride's signature on the form in a personal meeting), I would plan on showing up at the appointed time and place, ready to shoot, and with the cancellation form in hand.</p>

<p>Thirdly, if the wedding is NOT off, I would be surprised if the bride and/or groom doesn't ask for any deposits/retainers back. I would be surprised if they don't ask even if the wedding IS off. I would be prepared to address this issue.</p>

<blockquote>

<p>"First of all, it is not unheard of for a bride or groom to claim the wedding is off, when it really isn't, just to get out of the photography contract"</p>

</blockquote>

<p>THAT is a very good point and most salient considering general economic stresses at this time.<br>

I did not think of that possibility, thank you.</p>

<p>WW</p>

 

<p>I've never had a "witness" line before. It would seem a little "silly" to ask for a witness to cancel the contract when we did not originally have one before. Would it be okay to leave the witness line out this time? If its better to have it (even thou it wasn't there before), since we can't meet (over a 10 hour roundtrip drive), who would determine who "picks" the witness? Or can I just have someone I know sign it after I get it signed by her?<br>

Awesome thanks David (again)! Yes, I will definitely call her tomorrow. I will still do everything else by mail & email so that there's record of everything too. Wow, I wouldn't believe someone would think it was "funny" to cancel the photographer on someone.<br>

I'm sure they would not have changed photographers on me, it is an extremely small wedding & I was also supposed to be the witness to the couple's wedding. I told them the deposit is non-refundable (we went over the contract together over the phone, before she signed) , so it didn't surprise me they didn't ask about that.</p>

<blockquote>

<p>"I've never had a "witness" line before. It would seem a little "silly" to ask for a witness to cancel the contract when we did not originally have one before. Would it be okay to leave the witness line out this time?"</p>

</blockquote>

<p>For the record: I don't know what requirements apply to contracts, in your situation, my advice remains that you should seek professional advice as to the requirements in your jurisdiction.</p>

<p>WW</p>

 

<p>Re: your proposed cancellation agreement wording. If you don't get a signature, what does it mean that the cancellation agreement becomes "null and void"? You didn't have a cancellation agreement to begin with (that, after all, is what you wanted her to sign), so how can it be annulled and voided if she doesn't sign it? Does "null and void" in this context mean that the original contract remains in full force; i.e., you'll show up and expect to do a wedding? Or just that you're back in limbo, with no one's obligations spelled out? Who knows? To avoid this sort of interpretive pitfall (common in DIY legal documents), you ought to do as others here have suggested and consult a lawyer.</p>

<p>Barry, you make a great point. Its basically so the Client knew that I must receive the cancellation notice by the 15th. The cancellation notice states that no monies are owed by either party so if I don't receive the cancellation notice in time, than I will have to go to the wedding location (so as not to breech contract) & it is out of town, which costs fuel & wear & tear on my car & plus my time. She could mail me the contract on the 15th, say she sent the cancellation & say she owes no more money based on the cancellation agreement. It covers my bases, even thou it sounds a little odd & I'm not quite sure of another way to word it.<br>

I know I should consult a lawyer, I'm just not able to do so at this time. Yes, its the smartest & most safe & sound way to approach this situation, I just can't this week... if I had more time/notice than I would see the lawyer.</p>

<p>Why do you need such a complex letter to cancel a wedding photograpy contract? If the bride had originally written five words saying 'wedding off, no photographer needed' and signed in wet-ink would you have requested this letter as confirmation? The contract states the cancellation terms so although I know you are trying to be helpful, do you need to mention it here? If, as suggested, you call her then that is the time you can remind her of the contract and ask just that she mails you a cancellation letter.</p>

<p>I say this only because time is not on your side and the more simple the letter is and the more easy it is to read, the more likely you are to have a quick response. And if you are writing something as formal and linguistically complex as this you risk inadvertently putting something in there that confuses rather than clarifies the issue (Barry's post shows the possible interpretations, no matter how clear it is to you) so I would get legal advice. Plus the letter you propose requires a two-way posting - why can't you get her to sign something and fax it? </p>

<blockquote>

<p>all we know is that <strong><em>someone</em></strong> sent an email to you - using the groom's computer and / or login.</p>

</blockquote>

<p>True. But if you reply to the e-mail and ask for written confirmation - then if someone is messing things around there is a good chance she will pick up the e-mail and go "What the hell... ?" and reply pretty damned quick. But I would e-mail (daily) and phone her or anyone you can think of to try and undestand the situation.</p>

 

<blockquote>

<p>I am still preparred to be at the wedding location at the contracted date & time.</p>

</blockquote>

<p>I would do this too if no official cancellation has been received.</p>

<blockquote>

<p>I know I should consult a lawyer</p>

</blockquote>

<p>I wouldn't bother.</p>

<p>Mike - </p>

<p>You make it complex and complete so the bride / groom can't come back at you later and say - we didn't cancel - or you owe us $xxx.xx for the other photographer or - you owe us engagement photos / prints or.... well you get the point. </p>

<p>Yes - even if the bride had sent me a cancellation on paper with the ink still wet - I would send a cancellation notice to her and have her sign. </p>

<p>The witness signature (in many areas) does not have to be an official or a notary - just someone else signing stating that it was the bride / groom that signed it without duress. </p>

<p>Nadine brings up a couple of valid points - be prepared to show the couple the contract which states that the retainer is non-refundable if they ask for it back and - yes the wedding could still be on (as my cancel was) but they decided to book a family member photographer. </p>

<p>Dave</p>