Firing a Wedding Photographer

One month ago, I received a signed contract and deposit in the mail from the

client. I deposited the check but I have not given her a copy of the

completed contract (with both our signatures) yet. But now she wants the

retainer back. She said that it has taken more time than reasonable to get

the contract back to her, and without the contract, she has no written legal

gaurantee that I will be at the wedding, and she has lost all confidence in

me. So now she wants her deposit back. She thinks that because she doesn't

have a copy of the contract yet, we don't have an official agreement, and

should be able to get her money back. Or, if the contract is valid, she is

entitled to the deposit back because she is firing me due to my actions.

 

I know I should have sent the contract back sooner but legally, does she have

a claim for a refund? I have a contract signed by both of us and have been

saving that date for this job.

 

If the client doesn't have a copy of the contract, is it still valid?

 

If a photographer is fired, are they required to return all funds?

You have a sticky mess here. When you send contracts to sign, send two copies, sign them both before sending, and have them sign both and send one back to you. Even if you have any grounds for keeping the retainer and enforcing the contract, I would recommend you tear up the contract and give her the retainer back. It sounds like she is using the situation to get someone else. It probably has nothing to do with your actions. In any case, she is more trouble than it is worth. Even if you "win" and you photograph her wedding, the hard feelings would spoil everything, including a smooth conclusion to the whole thing. I would "eat" the lack of a job for that date and move on. Merely my opinion. For real legal muscle, you should consult an attorney.

Probably not. You signified your acceptance of the contract when you deposited her check. Obviously she will have been aware of this from her bank records. That is when the contract was formed. This sounds to be an excuse - what might the real reason be? Has the wedding fallen through? Has she found another cheaper deal?

 

A contract doesn't have to be in writing (unless it's for real estate when different rules can sometimes apply), so she is probably bound to the booking. On the other hand, do you really need this booking?

 

As far as the deposit is concerned, what does your contract say? If it is expressed as being non-refundable, that is the end of the matter. You should accept the cancellation but keep the deposit.

You can bet it is just an excuse. Something else is probably going on that she does not wish to share with you.

 

The questions I would ask myself are: Is it enough time to rebook the date? Am I out any non-recoverable expense? And what is good will worth?

 

If the first one is yes I would certainly refund her money along with a nice letter thanking her for choosing your services. I would also state that if she changes her mind that dates fill up quickly.

 

Your choice, I'm just stating what I would do.

If it took you a month, and still haven't given her a copy of the contract I'd want to fire you too. Who knows what you're going to be like after the wedding. From what you're saying so far, I'd be thinking I just made the biggest mistake hiring you.

 

Have they tried to contact you in regards to this contract? If not and if it was an honest mistake, then talk to her.

 

Do you really want to go to a wedding where the B&G are pissed at you?

 

Whats legal, I don't know, I'm not a lawyer. Whats morally right, you need to decide.

If you want to keep the deposit (hmm...not a retainer? You might have some trouble there too) call a lawyer.

 

I agree with the previous poster that you should have immediately returned an executed version of the document upon cashing the deposit check - I think the B/G are right to be concerned.

 

My suggestion is to get on the phone, apologize profusely, and ask them if they'll accept you hand delivering the signed contract tonight and allow the job to go on. You might even offer them a small discount in apologies for the trouble.

 

As for returning the funds, if they won't take you back, either return the funds or call a lawyer to see if you can keep them. It will all depend on what is in the contract and what you called the deposit in the contract.

 

Either way, remember, it's not about the money, it's about them possibly badmouthing you in every public place they can possibly find.

Just return the money. You ignored her for perhaps too long, and she had righful doubts. Her request for money is right. If it goes to court, you have nothing, and you will loose.

My father always told me not to procrastinate. I guess he is right.

 

Anyway, i think you should just return the deposit and DO NOT photograph her wedding. The relationship is now spoilt so it's just gonna be trouble if you photograph the wedding now.

 

I'm quite sure she found someone else and is doing this just to let you off. You could be mean and keep the deposit. Or you could return it and forget it. Have a nice weekend with your family on that day instead.

She sounds like a real trouble maker, probably best to give her back the money. She can report you to the BBB (Better Business Bureau) and when other future clients call the BBB they may see a black mark against you. She can also take you to small claims court and you probably won't win, because of no signature. That also remains on your record for a period of years, depending on the state.

 

Problem 2, she probably found a less expensive photographer and will fight tooth and nail to get back the deposit, so I wouldn't even attempt to strike a deal with her; like a free parent ablum or something. Be glad she will soon be out of your hair.

What is the point of asking for a non-refundable retainer when all you people do is advise other photographers to give it up at the first sign of trouble? Do your best to work it out, offer them a package upgrade, but do not let her out of it. You can be sure that she is B.S.ing you, she dosent care about the contract. Document everything. Jonathon is correct in his statement you agreed to the terms of the contract when you deposited the check, if it goes to court you will most likely win. Also make sure that you deliver it personally and/or send it via registered mail. Stick to your guns, do the job and move on. Yes you dont want to have her badmouthing you in public, but you also dont want to be perceived as a pushover.

If she is being this way because she is honestly upset by not getting the contract returned by the time she thinks you should have (did she call at any point and ask since mailing you the documents?) then she will almost certainly be a nightmare for the rest of your dealings with her. She is probably going to annoy all of her other vendors as well. You might consider refunding her money or some portion of it and good riddance. BUT...if she's just trying to get out of her contract with you, sorry about that. Maybe she was able to get someone else that wasn't available when she signed with you. Maybe she found someone cheaper. She can certainly fire you but that doesn't mean you owe her a refund. I'd bet there is something going on with her that she doesn't want to tell you about.

 

Rick H.

What Nadine said.............

"One month ago, I received a signed contract and deposit in the mail from the client. I deposited the check but I have not given her a copy of the completed contract (with both our signatures) yet."

 

You have been waiting 1 month to sign and return the contract?. This is certainly too long for any bride to tolerate that. You did not make efforts to secure the job for yourself.

 

It does not matter and makes no sense to speculate if she found someone else, if she wants to get out of it, or whatever?, since after waiting 1 month, it was her choice to change her decision.

 

Since you did not sign with her anything, if she has receipt from you of the down payment or copy of the check that you cashed, she will legally get it back from you.

 

Unless... when you accepted deposit, did you make it clear that it was non refundable?, do you have any written confiramtion of that ? Was your payment receipt pre printed with some notion of the non-refundable explanation?

 

If the answer is No, then you have no claim.

Let me see if I understand this, you took the money. If you don't send them the contract

you can keep the money? And since you were fired, you don't have to show up? Since they

don't have the contract they have no evidence of a contract.

 

They can take the cancelled check to court. Your move.

Not having heard from a hired professional for a month is a good reason to have doubts and explore plan B. I do not think the bride is acting like "a real trouble" (imagine yourself hiring somebody to do some work for you and then not hearing from them for a month). She could call you though to find out what's going, so here's a little red flag regarding her ability to communicate.

 

Anyway, I think you may try to call her and see whether you can fix the situation and retain the job. If not, then you can at least explain and prevent badmouthing and other bad feelings.

 

If nothing works, just move on. It's an experience but nothing to dwell on for too long.

Return the money ... and, offer her a free Portrait session as an apology for your lack of attention to the details of her wedding.

you have a valid contr by way of her sig. She has a valid contr because you deposited her check thus inferring your acceptance.

one month and not a word from you is unacceptable. This is very poor customer service.

Wow...

 

Hey - I guess I'm crazy and no one should have any confidence in me...

 

I've never talked to a lawyer about proper proceedure. I made up my own contract and showed it to an ex-client/lawyer and she said it was great and told me to make just one change. I've had lawyers since as clients and they've never had a problem with my contract nor my proceedures.

 

In my 15 years - I've never sent the contract signed.. The contract is in the info packet I give them in case they decide to book. I only give them one copy. I tell them to sign it and send it with the retainer... I suggest they make a copy for their records. I file the contract in their file. I never have sent it back with my signature.

 

oops. Well - so far no problems...but I guess I have to change my practices.

I am NOT an attorney and this is NOT legal advice, but to take a month to respond and to do all of this by snail mail is NOT good business practice. I am sure others will give more advice, but if I agreed to provide a service AND if I agreed in writing to do so, AND if the contract copies were returned promptly (registered mail) I would also make sure that if the other party backed out, that the deposit would NOT be refundable (should be a contract clause), for the simple reason that I would have scheduled to do work in this time period and that the party that has reneged had essentially caused me financial loss. (If you have a home office and file a detailed TAX return, you will find that you can claim for situations like that) BUT: you have to make SURE that everything's YOUR way legally. Right now, the fact that you cashed the check obligates you to appear at the wedding, or return the funds.

agree with many above - one month is too long and I would have been nervous if I were she also. I would send money back by a check via registered mail (to document she received it), and include a letter, that you are refunding her "deposit" as she requested, you and she understand this voids the contract to provide service, etc....sorry it didn't work out, blah blah, just document that the contract is now void with the return of money. Never know if she'll come back at last minute demading that you are scheduled to shoot.

 

whatever you do, document, document, document and keep a copy for yourself and copy to them.

The procedure is so simple these days that there is no reason to delay dealing with

contracts.

 

50% of my contract work is done via e-mail. I customize my stock contract to each client's

specifics, e-mail it to the client who prints it and fills out both the client and studio copies

then returns BOTH sets with the non-refundable partial retainer fee (aka, deposit) via mail.

 

When I get the contracts and fee, I sign and return the client version for their records. I

NEVER sign anything until I get the money... and it is clearly stated that the retainer fee is

non-refundable on the studio copy which they have signed.

 

After that, if they decide to have Uncle Bob shoot their wedding or something, it'll cost

them a $1000. for the pleasure of doing do.

Personally, I would honor the bride's request and return the funds with an apology.

 

I also won't sign until I receive a signed contract AND the funds for the non-refundable retainer have cleared, but that shouldn't take more than 3-4 days. A month, imo, is completely unacceptable.

 

With regard to legalities you should really consult with an attorney. This is not the place to be asking such questions. Having said that, I don't believe a contract is considered executed until both parties have signed it, and even then there may be some sort of buyers' remorse code in your state that would allow them to recover the retainer.

 

Best,

Reina