The bride hired someone else and wants deposit back

[laura_bee]

Please help! I have never had this problem. At the begining of March I accepted the bride's

deposit for $300.00. The contract was not signed at that time because we had a scheduled

appointment for 2 weeks later and she wanted time to decide which package she wanted.

She didn't show up for the appointment because she forgot. It is now one month before the

wedding and her original pick for a photographer has become available. She wants her

deposit back. Do I refund her deposit? She is offering to let me keep half? I have no way

of booking someone else with such a short notice. What do I do and how do I say if

appropriately?

[laurenm]

If she never signed the contarct, then she is being nice by asking for only half back as she should be due all of it. If she had signed the contract, it depends what your contract says about the "deposit"

 

Think of it the other way around, if she hadn't signed the contract, even though she gave you money, what were your obligations to her? Without the contract it is just two strangers exchanging money.

[savagesax]

Take half and run! That is a gift without a signed contract! You can also first try to keep the full amount and strongly suggest to her that you will do a family portrait at a later date and the money is not refundable. I have always been against that type of thinking and taking a position like this, because it is sometimes best to remain friends and perhaps she will refer you in the future; especially if the photo's of her wedding do not turn out that good.

[mark u]

I'm not sure that the above posts are necessarily correct. It will depend on facts that you haven't made clear. Did the client read your terms? Do they state that a deposit is non-refundable? Did you give a receipt for the deposit to the client, and what was written on it? How did the client pay for the deposit? Basically, a contract requires an offer (your offer to reserve the date is sufficient, even if the rest of the terms were not finalised), an acceptance (which may or may not have to be in writing according to law), and consideration (her payment of the deposit). Since the amount is only $300, it may be that a signed contract isn't needed under the laws of your state, and verbal agreement may suffice.

 

What you choose to do about it is up to you - you are always free to renegotiate terms with the agreement of the client. You will want to consider what it will cost to establish the actual legal position (do you know a lawyer you might get to advise you without charging more than lunch out?), the marketing consequences of enforcing terms rather than ending matters more amicably, and your negotiating skills in putting your case across in a pleasant manner.

[rdkirk]

I would give the deposit back just to avoid an ugly situation, especially as she's only asking for half back (an attempt at compromise on her part).

 

However, as a technical point for future reference, a verbal contract is a real contract in every state of the US, and the fact that she gave you money would only serve to prove that some kind of contract in fact exists between you. Of course, the details would be up for debate, unless one of you has a witness to corroborate his side. So be careful of what you say even if you don't sign anything.

[35mmdelux]

take the half and let it go.

[jennifer valencia]

hi Laura,

I would thank her, give back the full $300 deposit, and move on. (Even though I would not be happy about it, I wouldn't want to keep the money if she's not hiring me after all.)

 

I know you were probably trying to be nice and giving her time by not doing the contract signatures right away, but in the future, it sounds like it might be best to only accept money when a contract is signed.

 

I'm sorry this happened to you! Let us know what you decide.

Jennifer