Cancellation Agreement?

[anner]

I had my first couple decide that they weren't going to get married

after signing a contract with me. Does anyone have anything like a

cancellation agreement? I don't want to negate the terms in the

original contract, but I also don't want to be obligated to show up on

their wedding day and/or have them obligated to pay me the remaining

amount. I would feel much better if I had this in writing before I

filled their wedding date with a new client. Is there such a thing?

What have you done, or what would you do?

[zane1664879013]

Meet with them one last time, and at that meeting tear up all copies of the contract for all to witness. Why layer another contract on top of the first?

[jc5066]

DO NOT TEAR UP THE CONTRACT.

 

Repeat, DO NOT TEAR UP THE CONTRACT. Thats flat out stupid. Hopefully you got a non-refundable deposit. If you rip up that contract you have no proof you can keep it. I hope your contracts have a non-refundable deposti.

 

What does it state in your contract?

 

Tell them you need something in writing stating that they are cancelling the wedding and what ever terms to cash on the table and have them sign and date it. You can sign a copy of it too stating you agree upon the terms.

[Jerry_]

If you want to earn "goodwill" __ return the money to whoever paid you. Get a check or money order so you will have a good receipt, if you decide to let the deposit go back.

 

 

 

A "happy" ex-bride-to-be may refer you to another wedding. A "up-tight" ex-bride-to-be is not going to pass your name [in a positive manner] along to anyone in the next couple of months.

 

 

 

It is your decision to make....

[anner]

I would not tear up the contract, for the exact reason mentioned: a non-refundable

deposit. And thank goodness for that deposit, because part of the contract was an

engagement session done before the wedding day (a few months ago) which I put a lot of

time, money, and effort into. I cannot give up the money for the work that has already

been done. I have considered giving them 25% deposit credit toward prints and a 25%

deposit refund if the date is rebooked (keeping 50% of the deposit for the work done).

The couple is still together and the bride has told me that she's still interested in her

engagement pictures, they just aren't getting married.

 

As you can see- refunding the money entirely and tearing up the contract are not options

in this situation.

[cjogo]

I wish I had more cancellations --I could make a decent "side-income." I have a $1500 non-refundable deposit --I have had 1 this year, already. >>>>

[susan_flewelling]

I have it written as I keep the retainer (don't use the word deposit) if the date is cancelled and I can not rebook the day. You do not have to give them anything. If I can rebook the day they are allowed the total amount minus a $20 processing fee (to pay for the credit card %). If they have purchased anything (ie engagement session) that comes off the deposit I return. So in essence say they pay $1000 to book date, they cancel and I resale the date to another couple I take $20 for processing and $350 for engagement session and refund them $630. The only way to handle it. I do give their deposit back in hopes of them telling me early enough that the wedding is off. Otherwise they will hold on to the date in hopes that just maybe there is a slight chance they will get married. Well that's what I do- good luck!

[jennifer_stone1]

A couple of months ago this happened to me (my first time). I felt like you do, all I got was a phone call from the bride and nothing in writing. What would happen if I rebooked the date and all of a sudden the wedding was back "on." I sent them a certified letter that needed to be signed and returned to me. Interestingly enough the groom did not want to sign it even though it was in both our best interests to have it in writing (i.e., they still owe the remaining amount due if there is no proof of cancellation). I really wanted that signed piece of paper so I offered an incentive...if I rebooked the date I would give them a partial refund of the retainer fee. This is how I worded the letter (disclaimer: this has not been reviewed by a lawyer)

 

I�m sorry to hear that your wedding has been cancelled. As per our telephone conversation of [insert date], this letter hereby acknowledges your cancellation of my wedding photography services for [insert date]. Please sign and date this letter below to officially cancel my services and return one copy to me in the enclosed envelope. If you have any questions, please feel free contact me.

[jennifer_stone1]

One more thing...just above the signature lines I put:

 

I hereby cancel the wedding photography services as per our contract signed on [insert date contract was signed].

 

Then there was a line for each of them to sign and date.

[wedding-photography-denver]

C Jo,

 

Once again giving me a big smile :-)

 

Anne, if you want another thought, I would refund the 50% part and allow a few prints from the part you keep. I think it is reasonable to do so and will likely buy you their business in ways you may not see presently.

 

I have had a couple who cancelled (I think he got shy) once a while ago and I had nothing but an hour meeting to consider. I returned the full amount and did so immediatly. I have not heard from them or anyone who claime them as references. I have however maintianed a good rep with all whom I have come into contact with. That is to say, it did no harm to give it back either.

 

 

Whatever you do, write and sign (both parties) everything agreed upon.

 

Regards, D.

[larry schaefer - chicago,]

Throughout all these cancellation scenarios there seems to be a subconcious compulsion to ultimately treat the client as the photographers themselves would like to be treated.

[olaf_siebert___zagreb__cro]

I really do not understand some people here... We all request a retainer but as soon as there is a cancellation, we have to earn goodwill and give the money back... This is the biggest BS I heard. no wonder that most WP's are strucling to survive.

 

Don't give the money back! atleast untill you rebooked that date!

 

And the goodwill? well, you did not break the contract, didn't you?

[jc5066]

I believe in good will, but come on people, the retainer is simply buying that date. By the time someone cancells, more then likely you'll be hard pressed to fill the date. There "mistake" may cost you hundreds of dollars even when keeping the retainer.

 

Why sign contracts? Why collect anything up front, if you just going to give it back anyway?

 

You have to draw a line somewhere, thats why we have contracts and retainers. Then again, I don't charge a huge retainer, very modest.

[fotografz]

Anne, I've had 2 cancellations since doing this. The first one was a friend, and I didn't have

a signed contract ... which taught me a lesson. The second I kept the $1,000. but told the

woman that IF she decided to get married later on, the deposit would be applicable IF I had

her date open then. Pricing would depend on packages at that time, not at the time of the

cancellation.

 

As you know, I honor backing out of an agreement myself, because the person booked

that date and didn't entertain or solicit any other possibilities.

 

It's all your money IMO. I know you may not be in the area later on if they decide to go

through with a wedding ... so, my "delay" technique probably wouldn't work.

[kari douma]

Anne,

I think your question is is not about keeping the retainer, but about a contract for cancelation. I had this one time. I just made my own contract. It said:

 

This contract takes precedence over all previous contracts between Kari Douma and (name of client).

 

The wedding photography services provided by Kari Douma for the wedding of (names) on (date) have been canceled, by the request of (name). Kari Douma is no longer contracted for these services.

 

The payment to Kari Douma of (amount) minus the retainer fee of (amount) has been refunded to (name). Kari Douma is not under any further obligation to provide photography services to (name) on (date).

 

She had already paid the full amount ahead of time. Now, I just made this myself, so it HAS NOT been checked by a lawer. I don't know how it would stand legally.

[ben_rubinstein___mancheste]

As people have said, if you are too scared to uphold your contract for goodwill reasons then why have one?

 

I like the idea of refunding the deposit if the date is filled, makes sense.

[jon jacobson]

Another varable to consider when it comes to the returning of deposit/retainer:

 

Our packages include an engagment shoot. Once we've done that engagement shoot, refunding the deposit/retainer will not and cannot be refunded.

[lukas_kisiel]

Non-refundable deposits are an outdated way to do business! Wedding photography is a retail business - we all know how easy it is to return stuff to retail stores these days, right?

 

If you did the engagement shoot surely you have a price for it which you should charge them. The rest of their deposit, well, I would return it. My policy is $1000 deposit with 100% refund up to 30 days before the wedding. I'd rather keep people happy. The $1000 I don't make today might earn me a lot more in the future from referrals.

[steakandale]

No, because you have booked that date, and have to turn down other offers, prior to getting the cancellation.

It seems to make sense to me to have a some portion of the retainer be non-refundable that you keep, regardless. maybe raise the total amount of the retainer to half your package price as it applies to the end anyway, but some amount that you keep - that you can live with.

What about emergencies? or some (god-forbid) tradgedy? Do you refund everything in such a drastic case?

[jon jacobson]

<i>Non-refundable deposits are an outdated way to do business!</i>

<p>

I didn't get the memo.

<p>

<i>Wedding photography is a retail business</i>

<p>

Well, yeah. It's not distribution or warehousing or manufacturing.

<p>

<i>we all know how easy it is to return stuff to retail stores these days, right?</i>

<p>

Like opened software or a CD or other intellectual property?

<p>

If a bride determines she does not want this print and wishes to exchange it for another print, no problem. However, contractually agreeing to book services at a specific time on a specific day, and then backing down from such an agreement, for whatever reason, should also have a certain amount of accountability. The doctor's office will still send out a bill if an appointment is missed without proper and timely cancellation.

<p>

The bottom line is that a bride knowingly books in advance for a reason. When *everybody* books in advance, it's more difficult for me to book that date at the last minute due to a cancellation. A cancellation means lost wages for the week. The deposit/retainer is at least a consolation.

<p>

Then, after that, it becomes case-by-case. What does this do for the potential of future bookings. But it's not THAT cut-and-dry.

<p>

I'm curious about the retail comment. I cannot make sense out of it. Now if you mean to say that photography is a commodity -- well, we've got a whole new debate on our hands.

[35mmdelux]

"Wedding photography is a retail business"

 

Not really. Actually wedding photography is a personal services business.

 

On refunding deposits and "good will:" Would they be so generous to you if you didn't show to the wedding? You would probably wind up seeing them in court and they would hold you to every point in the contract.

[jc5066]

Retail Business?

 

So by the same means, if you shoot a wedding and have prints made for them, they can return everything and get a full refund up to 90 days after the wedding?

 

Do you do a price guarantee too? Match compeditor prices?

[wistler]

Have a meeting with and yes, have an official "cancelation" thingy that they have to sign..whether it be together or one at a time (depending on why they are not getting married) THEN... IF you have a non refundable retainer, offer a small portrait session during a dead time as a "freedom" package. This of course, goes to which ever one paid (or family paid for) the deposit.

This leaves it as they still get something, you still have the oportunity for a sale and get to work on developing your skills both professionally buisness wise as well as artistically AND you look great because you are giving them another option for their retainer.

I've done this twice in the past and it turned out awesome! I got several referrals off of both sessions.

Just a thought.

MR

[erik_h]

The "no good will" replies are difficult for me to understand. Hopefully you're not too jaded to understand that there is a huge difference between these cancellations:

 

1) "I decided to have a private ceremony in Bali"

2) "I decided to ask my brother to shoot the wedding"

3) "I was dumped by the bride/groom and there will be no wedding"

 

Anyone want to guess which should qualify for a 'good will' refund? Anyone? Sheesh.

 

I mean, it's one thing to say "I'm sorry, I'll try to rebook, and if I can rebook I'll refund your money. And if I can't rebook I'll keep the deposit". That shows respect on your part and acknowledges that you are a business. It also covers you if you're unable to rebook.

 

But keeping the deposit, and not trying to rebook, is slimy.