Contract for Sweet 16

<p>Hey all, I need your advice. I had signed on a client to do her Sweet 16 in August and the event is this coming January 2011. Because I know the family, I made the mistake of allowing them to only give me a partial deposit/retainer (50% of the package price). We had done two photo shoots and I emailed the family that the remainder of the deposit was due by December 12.<br>

On Monday, I was contacted by the family that they no longer were going through with the event and they wanted a refund of the deposit. My contract states that they can get a full refund if they postponed the event and there were more than 30 days before the event. On December 16, they would have lost the deposit.<br>

They are picking up the deposit on Friday and my question is should I have them sign a form releasing me of the event? I am afraid that the family might hold the event and then take me to court for not completing my end of the contract! I know I may be paranoid but people in the U.S. are lawsuit happy and they may be shifty.<br>

Thanks for all the help.</p>

<p>Make two 'new' copies of the contract, and put the amount of money you are refunding. Have the person picking up the $$$s sign the contract. Keep the language simple: "Your photography services are no longer required on 15 January 2011" [or whatever date it is.] That should cover you for not having a scheduled shoot on your calendar.</p>

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<p>Retainer and deposit are not the same thing. Deposit is refundable, retainer is not, so you may want to clarify that on your future contracts.</p>

<p>Gabriela, yes. It is clarified in my contract. Because the family, when they booked me, was having a financial problem, we altered the contract to state deposit. In hindsight, I left my self open to the situation but I have known the family for a few years (I was their daughters teacher) and they loved my portfolio. </p>

<p>Have them sign a release BEFORE you give them their money and wish them well and don't look back....-TED :-)</p>