Wedding cancelling with only 40 hours notice?

<p>I received a text around midnight tonight (Tuesday, the 16th) from my client saying the wedding is off (wedding is on Wednesday afternoon, tomorrow, 40 hours from now), however I'm unsure of how or if I can cancel based on my contract.<br>

<br />My contract says "the only method of cancellation that will be accepted" is through the USPS Certified Mail. Even if she sent it Express later today, I might not get it in time (I have to leave to go to the wedding before the mail usually arrives at my house on Wed). So what do I do to cancel?<br /><br />Can I meet with her in person to cancel and we both sign the Cancellation Agreement? The only time I have to do that is on Wednesday (the morning of the would-be wedding day).<br /><br />I have the clause that "any modifications of this Contract must be in writing and signed by both parties". So would I have to amend my contract to include an in-person meeting for cancellation? Or would just signing a Cancellation Agreement suffice? Or do I need to show up at the wedding venue (relative's house) & meet the client there & have her "release me" instead of doing a cancellation? I would rather not do the last option!<br /><br />I've never had anyone cancel with me so last minute where even Express Mail may not be fast enough! I'm sorry if this is a dumb question :(. I've only had 1 cancellation & even then they mailed me the cancellation so everything was done by the contract's terms.<br>

Thank you!</p>

<p>If you turned down other work in the mean time for this same date, I'd make her stick to the contract. If 40 hours isn't enough time to cancel via the method specified, that isn't your fault and you should still be paid for having turned down other plausible work for the same date.</p>

<p>If you haven't received other offers for work the same date you turned down, I don't see the big issue. Ultimately you and her are the only ones that are going to enforce this contract. If she wants to cancel and you're okay with her canceling, just tell her to send the registered mail letter and when you receive it, let her know it's been received.</p>

<p>Depending on the size of any deposits left, I'd keep a small percentage as non refundable if that's stated somewhere in your contract. My contracts state all deposits are non refundable but will be used towards a new date in the future, if that date is open and available. If they don't rebook a new date, then I will offer to do an equal amount of photography (family shoot, pet photography, etc) for the amount of the deposit. It's a business. Don't be rude about anything, but don't give away the family farm because you're an overly nice person.</p>

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<p>"any modifications of this Contract must be in writing and signed by both parties"</p>

</blockquote>

<p>Great! Draw up a cancellation form/letter on her behalf, meet in person and get it signed. That seems to be the "proper" thing to do, even though it does seem intimidating to do on a "marriage" day. I wonder... if things can change 40 hours before a marriage, it's always better to foresee the unforeseen.</p>

I would insist on something in writing with a signature. Fax or scan & email. If you receive it before you travel, then follow

jonathan's advice.

<p>Sarah, do you plan to offer a full refund of anything paid in exchange for ending your obligations or are you merely seeking to obtain verification that the client is instructing you not to shoot the wedding because there will be no wedding? Your post doesn't explain what is meant by "canceling" and if that means the wedding, the shoot, the obligations and the consequences of whatever one it is. If you are seeking to keep a retainer or otherwise enforce your end of the contract I am concerned by your questions about not drafting the documentation properly to preserve your claims.</p>

<p>Given the lack of information, the only safe thing to say, in either scenario, is for you to attempt to perform your obligations under the contract. If that means showing up at the venue fully ready to shoot, then so be it. Unless someone knows your goals, the content of the contract, are familiar with and understand particular state law that applies as to rescission, modifications and other relevant contract law there, they are not capable of advising you on a course of action other than attempting to follow the contract as is.</p>

<p>John as usual is spot on... there isn't enough information in your post - is the wedding off or is she just not requiring you to shoot it? </p>

<p>If it is the former - then I'd keep any retainer paid and let her off the hook - she's going through enough at this point - doesn't need to be hassled about paying $xxx.00 for a photographer that she's not going to use. </p>

<p>If it is the latter, she just doesn't want you doing photos, then I'd enforce the contract and politely request payment per the terms. When she doesn't pay then go to conciliation court. </p>

<p>Either way - at this point it too late (probably) to determine what is going on - so I'd do as John suggests and show up at the venue at the agreed upon time (maybe even early) and see if anyone shows up. </p>

<p>Note: not a lawyer - just a photographer. Not intended as legal advice - just what I would do in this situation.</p>

<p>Dave</p>

 

<p>Sarah, would you accept a text message as a signature or a deposit on a contract? Well you can't accept one as a method of cancelling one either. Maybe a phone call from your client might be a more acceptable start of the cancellation procedure.</p>

 

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<p>I received a text around midnight tonight (Tuesday, the 16th) from my client saying <strong>the wedding is off</strong>...</p>

</blockquote>

<p>It seems to me that they've called off the whole thing for whatever reason. I wouldn't give the bride-to-be too much grief. It probably wasn't an easy decision, emotionally and otherwise. I would still attempt to show up at the venue, failing receipt of something in writing to formally discharge you of your obligations for the day. Further, I would take some photos at the venue, to ensure I have time-stamped proof of my presence, just in case. Maybe also a signed document from the officiant or someone managing the venue, again to corroborate your presence there.</p>

<p>Let us know how it goes. I wouldn't really push the bride for payment at this stage. She's unlikely to be in the right frame of mind right now. Just professional courtesy on your part. I would propose you follow up sometime after the fact. In the meantime get some solid legal advice...</p>

<p>As an aside, it amazes me how litigation-happy some parts of the world are! So easy to run to court for this and that! Aaaah, but I digress :)</p>

 

<p>Something more than a text message is definetly required here. My first step would be to confirm via email or phone (better would be both). Then proceed with cancelling the contract in whatever way you feel is acceptable (it's your contract afterall) and accommodating - just don't expect to see another dime or dollar short of going to court. But with a record of communication more substantial than a text, at least she won't be suing you...</p>

<p>At this point you can't be sure she wasn't out drinking and thought it'd be funny to joke around -- (or one of her bridesmaids grabbed her phone... haha).</p>

<p>I would call her, and get something in writing (fax, email) that you can verify is her. Showing up at the venue may be overkill the wedding is really off, unless you strongly suspect she is trying to trick you,</p>

<p>As stated above, if the wedding is really off, who knows what state of mind she is in?</p>

<p>I hope you contract says something about a retainer/cancellation fee, otherwise I guess you may have to refund her.</p>

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<p>Showing up at the venue may be overkill the wedding is really off, unless you strongly suspect she is trying to trick you,</p>

</blockquote>

<p>Showing up, ready to shoot, is the only course of action if she is unable to verify the intent of the bride. </p>

<p>Let's say for a second the bride didn't send the text - or intended the text to go to someone else - what happens if the wedding goes off as planned and the photographer is a no show? </p>

<p>Best case the photographer ends up giving any deposit / retainer back.</p>

<p>If the intentions of the bride are unable to be confirmed - then the photographer is obligated to show up and be ready. If the intention of the bride is to cancel the whole wedding - then there is a path for the photographer to go down - as most have suggested which does not involve collecting more from the client.</p>

<p>If the intention of the bride to merely cancel the photographer - then there is another path for the photographer to follow should her contract allow it.</p>

<p>Dave</p>

 

It is important to get specific instructions from whoever signed the contract. Something akin to "please confirm in writing (email may

be sufficient) that you do NOT want me to travel to the site....be specific where that is...on Wednesday the 17th as per your text of

Tuesday the 16th".

 

John H and i do not always agree on things but I am in lockstep with his advice unless and until you get clear instructions from your

client.

<p>I agree that you need some kind of confirmation that the wedding is off -- my kids grab each other's cell phones al lthe time and send bogus text messages and Facebook postings. But as far as giving any money back, is the caterer giving her money back? Is the florist giving her money back? Is the limo service giving money back? Is the airline/hotel giving money back for the honeymoon that's not happening? What you can do is determined by how your contract is written and I'm not a lawyer, but I don't see where she gets any money back. Whether you turned down other work on the same date is irrelevant -- you would have been legally obligated to turn down other work on the date if it had come up because you were already contracted to work for her that day. </p>

<p>I left her a message a few hours ago & am hoping she replies soon. If she doesn't reply to my message & meet with me in person, I'll have to go to the wedding venue tomorrow to cover myself. Not so much that I think the wedding is happening but moreso because I'm still legally under contract to show up until she signs my Release form. <br>

Since you're asking, my contract says "... all retainers, partial payments and fees are nonrefundable & nontransferable for any other service even if the date of the wedding is changed or canceled for any reason". I I'll discuss any partial refund or future service offer with her after I meet with her, not sure if its just being postponed or canceled all together.<br>

I do feel bad for her, but I'm guessing she had to work. At our last meeting she said she had to work her wedding day, but asked to leave early for a different reason & wasn't sure if she'd get off in time for her wedding (a new job she just started & was afraid they wouldn't hire her if they knew she was getting married). So likely its that, but I just don't know yet... if she lied about something that important, I just want to cover my bases.<br>

Thanks for all your replies!</p>

<p>Red flags all over!</p>

<p>Thanks for the repsonse Sarah -</p>

<p>You are doing / taking the proper course of action - assuming you don't hear from her. Depending on location - you seem to be covered contractually from the retainer view - so that's good.</p>

<p>Given her circumstances - it is very possible that her employer turned her down or if they found out the deceit maybe even terminated employment. I never understood why people feel the need to lie about these things - If my employer refused time off for a family function - I'd be finding a new employer (and yes I get it the economy is really bad)</p>

<p>Dave</p>

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<p>Showing up at the venue may be overkill</p>

</blockquote>

<p>Not when a contract says "<em>the <strong>only method</strong> of cancellation that will be accepted</em>" is through the USPS Certified Mail as we are told here.</p>

<blockquote>

<p>It is important to get specific instructions from whoever signed the contract. Something akin to "please confirm in writing (email may be sufficient) that you do NOT want me to travel to the site....be specific where that is...on Wednesday the 17th as per your text of Tuesday the 16th". John H and i do not always agree on things but I am in lockstep with his advice unless and until you get clear instructions from your client.</p>

</blockquote>

<p>I fear that we may disagree here but only a little bit. If a proper modification doesn't occur which accommodates such an activity, then it may be rendered ineffective. Even if it does, I would find discomfort with language merely showing that the photographers appearance is not wanted and rather have a statement indicating that attempting to perform will be forbade or, at least, futile and have language indicating acknowledgment that it is the clients understanding that the nonrefundable fees will, indeed, not be refunded as a result. Would a client sign that? Maybe not. If it were me, under the circumstances, I wouldn't try to modify the terms of the contract at all and show up if keeping any funds paid is intended. Why take a chance at screwing things up.</p>

<p> </p>

<p>My update is that nothing's changed.<br>

So I haven't heard from my client yet. I left her a few messages but never got a call or text back. I'm assuming she's not going to return my call tomorrow either, but I'll be hopeful.<br>

So what do I do tomorrow? Do I keep calling & texting her? I understand she's probably upset & sad & maybe she's busy canceling other things & calling guests & explaining things to relatives or something. Hopefully she contacts me 1st thing in the morning.<br>

I'm assuming I'm going to the wedding, will get there & no one will be there. What "form" should I have with me & who can I have sign it? I'll bring my release form but I don't know who else could "release" me from my contract other than my client? Then again, what do I do if I get there & there IS a wedding there?<br>

& I agree, not a good idea to lie to the boss about things, especially a wedding! I suggested she tell her boss she was getting married but that it wouldn't affect her work & she's not taking any days off... however she'd already told them it was a relative's birthday party. Then again, it could be something completely different so I shouldn't assume it was just that she had to work.</p>

<p>Bring a assistant/friend/witness. vdeo the empty/full venue. Get a note from an venue official/others if possible, ect. Acknowledgement from client that services will not be permitted (different from excused), IOW evidence of refusal and/or futility. No need to make a scene. just polite methodology.</p>

<p>I would show up at the church (or bride's home or wherever was specified in your contract) with your gear, properly attired, ready to shoot. If she's there and the wedding is on, then you do the job as normal. If nobody's there, maybe shoot a frame of the empty church then go home. Assuming you already have her money in hand and the check is cleared -- you have done that, ahven't you? -- that's end of story. If she never calls back, not your problem. As for couldn't get the day off work, that's her problem. The day of the week for a wedding can vary with religion, but as a practical matter the majority of weddings are scheduled for weekends for the very reason that most people -- including the guests and family, not just the bridal party -- have to work on weekdays.</p>

<p>I guess there's no harm in showing up there tomorrow, taking a few snaps of the empty location, getting some coffee and coming back home. That's just to cover your bases.</p>

<p>She does not seem to be too much of an ethical type (based on her lies to her future employer), so you should make sure you are safe in case she decided to pull something on you.</p>

<p>It's not relevant to your contract whether the venue, the caterer, the florist, the hotel, etc., are refunding anything or nothing. They are all different business models and different contracts.</p>

<p>I called her again this morning & she just now texted saying she was working today & can meet with me tomorrow (the day after the wedding, so that wouldn't work). I texted her that I would be going to the wedding venue if she didn't meet with me before 3 today & then she said she'd meet after she got off work for the day at 3. So I'm meeting with her right at 3. I'm assuming the wedding was called off? It wouldn't make sense for her to hire a different photographer, she already paid me in full & I was over her budget even with giving her a discount due to a weekday wedding & she was tight on funds. I don't know if something else is going on & she doesn't want me there, or if she would just feel bad making me drive a 1.5 hours round trip to the venue & back for a canceled event.<br>

I do feel bad for her, having to cancel with me the day of the wedding & I hope she's ok. I'm still slightly frustrated that she waited until noon to let me know & ignored me all day yesterday, but she must be going through a lot. I don't know if it would be too intrusive to ask what happened. Not because I want to get into her personal life, but if it was postponed, I could work with her on that if I have the new date free. If they broke up or something I'd work something out.<br>

Anyways, we're meeting today & she'll sign my Wedding Photography Contract Release form. Sorry if I went on for a bit, I think I'm still processing this/ venting.</p>

<p>Sarah - </p>

<p>Please let us know how it turns out - </p>

<p>Meeting at 3:00 on the day of the wedding is cutting it close - but it does appear to be legitimately a cancel - not a I found someone else - situation. </p>

<p>Keep copies of all messages from / to her - so you have proof if she comes back at you saying you didn't show. </p>

<p><br />Dave</p>

 

<p> What does the "release" say?</p>

<p>John and David are correct IMO, but I am curious about the need for a USPS certified mail.<br>

You can go to jail threatening the president via email, why on earth would an email not work in the same situation? Email's are regularly brought into court as damning evidence. I think the insistence on a certified letter is a bit overkill, and obviously, this is most likely a hugely difficult time for your client, having a photographer insist to the "letter" could be construed as bad form in the smallest way, and simply callous by most other thoughtful people<br>

I'd first find out if the wedding is cancelled or postponed, I would consult a Maid of Honor or parent of the client and determine this as gently as possible. If a postponement, then you have an opportunity to make some lemonade out of these lemons. A cancellation you can be viewed as the concerned and thoughtful professional.<br>

Either way, I would claim the deposit as damages, but I would forgo any further concern about the contract's total, with one notable exception...they eloped. If they up and went away to get married and cancelled the wedding because they are in Vegas.....in that case, I'd expect full payment for the contract, but to be honest would have a hard time finding a judge to award that, unless it can be proven that they knowingly mislead you.<br>

Very curious about this. Would love to hear how it turns out, minus a messy breakup though..enough tears in the world.</p>