art_tatum Posted April 29, 2009 Share Posted April 29, 2009 <p>I am a destination wedding photographer and I am anticipating some near term cancellations due to the flu panic. Most of these weddings have paid retainers. I haven't yet decided what I will do with the retainers. I would appreciate some opinions from destination wedding photographers in similar situations. </p> Link to comment Share on other sites More sharing options...
starvy Posted April 29, 2009 Share Posted April 29, 2009 <p>art, these are difficult times. i am sure that these weddings are to go ahead in the future. unless they ask for the money back, keep it and wait to be contacted. perhaps they might change the dates or so. difficult times call for prudent measures.</p> Link to comment Share on other sites More sharing options...
mark_t5 Posted April 29, 2009 Share Posted April 29, 2009 <p>Stick to what the contract says</p> Link to comment Share on other sites More sharing options...
irusan Posted April 29, 2009 Share Posted April 29, 2009 <p>Well, there are a few more questions that need to be answered:</p> <ul> <li>Does your contract call it a retainer or a deposit?</li> <li>If it's a deposit, is it non-refundable? If it is non-refundable, you can make your decision based on that.</li> <li>Does your contract say that the <em>retainers</em> are non-refundable? If it does, then you can choose to keep it or not.</li> <li>If you keep the retainer, then you are (most likely) obligated to shoot the wedding whenever and wherever it is re-scheduled for. Clients pay a retainer to ensure your availability. If you can't re-shoot the wedding, then you will have to return the retainer.</li> </ul> <p>Of course, that just answes whether or not you are obligated to return the money paid or if you can keep it.</p> <p>The ethical question, of course, is one that only you can decide. But there is a reason we collect non-refundable deposits. :-)</p> <p>Let me ask you this: if the client were to cancel the wedding for any other reason, what would you do?</p> Link to comment Share on other sites More sharing options...
john_valjean Posted April 29, 2009 Share Posted April 29, 2009 <p>I would give them their money back if they ask, to me that would be a valuable customer service experience, especially that these are not normal circumstances. They would pass that story to their friends and you might get more business through that word of mouth. Also, they will re-hire you when or if they change their wedding dates.<br> please note I am not a paid photographer but I am giving you my opinion, thanks</p> Link to comment Share on other sites More sharing options...
art_tatum Posted April 29, 2009 Author Share Posted April 29, 2009 <p>To answer Rob's question my thorough contract sates that retainers are non-refundable.</p> Link to comment Share on other sites More sharing options...
think27 Posted April 29, 2009 Share Posted April 29, 2009 <p>Art - if travel plans can't be cancelled for full money back that portion has to be non-refundable. You're covered there in your contract... However, I'd refund a portion if I was able to book those dates with another couple. Good chance that some couples will change locations and want you - If I was available I'd shoot the wedding and allow the retainer to go towrds the new date.</p> Link to comment Share on other sites More sharing options...
john_lynch5 Posted April 29, 2009 Share Posted April 29, 2009 <p>I certainly hope Art doesn't come down with the flu on the day he is supposed to be shooting a wedding.</p> Link to comment Share on other sites More sharing options...
aimee_pieters Posted April 29, 2009 Share Posted April 29, 2009 <p>I have a number of various coverages that I offer and they're set up in my software as "packages" which means that when I enter one of them in the body of the contract, all the individual products and services appear. The first line is always the "Consultation and Planning Session". I've put time into their wedding, so I list it as a service. Therefore they've received services for monies paid. I don't refund retainers, but I will gladly apply the entire amount toward a future wedding <em>if we're available and at the prices at the time of the new wedding, NOT the old.</em> In other words, it's a dollar credit, not necessarily for the same services and products....-Aimee</p> Link to comment Share on other sites More sharing options...
yelena_usachenko Posted April 29, 2009 Share Posted April 29, 2009 <p>Know your facts. http://www.who.int/csr/disease/swineflu/en/index.html<br> The chances of any one catching the flu is just like winning the lottery - or "hey, you never know".<br> When in doubt, repeat the mantra of the great Frank Herbert - "Fear is the mind killer" and just go <br> on with your life. </p> Link to comment Share on other sites More sharing options...
think27 Posted April 29, 2009 Share Posted April 29, 2009 <p>Of course, I'll shoot a future date but only if available. They usually work with me to pick a date I'm free and if it is the following year - of course they pay the difference...</p> <p>However, by refunding money IF I am lucky enough to rebook the date... I often get those couples back when they are ready to reschedule. Plus- a lot of goodwill and positive PR. I keep a 15% administrative fee which covers any time I've put in.<br> If I re-book - I see no reason to keep thier money and risk bad mouthing, negative feelings and any chance of referrals or future work.. but that's just me.</p> Link to comment Share on other sites More sharing options...
bill_clark___minnetonka_mi Posted April 29, 2009 Share Posted April 29, 2009 <p>"The Flu. What Would You Do?"</p> <p>Drink less?</p> <p>Is this another story being blown up by the media to get the most eyeballs watching or reading a particular story?</p> <p>I'm doing a wedding in a couple weeks here in Minneapolis, people attending are from China, Japan, Singapore and the U.S. Nobody has changed their travel plans. </p> <p>Hurry, hurry, the sky is really falling!</p> <p> </p> Link to comment Share on other sites More sharing options...
William Michael Posted April 29, 2009 Share Posted April 29, 2009 <p >I like Bill Clark's answer. </p> <p > </p> <p >I have had two situations where I have returned the deposit in full, with no inference that the client was obligated to re book me. Both were cases of serious illness of a key participant - neither of these was a destination Wedding. I have done only a few destination Weddings. I think the fact that one is a “Destination Photographer”, or not, is not relevant: save for the fact that there are more up front on costs which might have been paid by the Photographer to consider - and in this regard, I like Mary's answer.</p> <p > </p> <p >I think that these matters are <strong ><em >not</em></strong> black and white. I think each should be taken on its merits, and returning to my first thought, I would not worry about it unless it happened, but thinking generally about what to do is good, so IMO:</p> <p > </p> <p >1. - the answer is that one's real out of pocket expenses must be covered. </p> <p > </p> <p >2. - second part is just as simple - evaluate how fair-dinkum the Client is. </p> <p > </p> <p >Judging from previous quite forthright quips authored by yourself on this forum, <em>you will have no difficulty in making a judgement call on matters of character, intent and honesty of your Clients.</em> </p> <p > </p> <p >WW </p> <p > </p> Link to comment Share on other sites More sharing options...
art_tatum Posted April 29, 2009 Author Share Posted April 29, 2009 <blockquote> <p><em>Judging from previous quite forthright quips authored by yourself on this forum, </em></p> </blockquote> <p>Yup. Thanks for your thoughts.</p> Link to comment Share on other sites More sharing options...
yelena_usachenko Posted April 29, 2009 Share Posted April 29, 2009 <p>Know your facts. http://www.who.int/csr/disease/swineflu/en/index.html<br> The chances of any one catching the flu is just like winning the lottery - or "hey, you never know".<br> When in doubt, repeat the mantra of the great Frank Herbert - "Fear is the mind killer" and just go <br> on with your life. </p> Link to comment Share on other sites More sharing options...
wedding-photography-denver Posted April 29, 2009 Share Posted April 29, 2009 <p>I'm with Yelena as far as carrying on goes.</p> <p>As for retainer: What your contract states unless you feel like being more generous.</p> Link to comment Share on other sites More sharing options...
craig_gillette Posted April 30, 2009 Share Posted April 30, 2009 <p>I'd suggest verifying with the attorney who helped with your contract to determine your legal position and what different responses might mean to that position. You may be in a position where forces external to either party force changes. To the extent that you may or may not have already applied payments to actual work effort, rentals or airfares, etc., there may be differences in what might have to be refunded.</p> <p>Being conversant with any "force majeure" clauses or provisions in local laws would be a good idea if the situation evovles to where travel or events are prohibited or otherwise restricted.</p> Link to comment Share on other sites More sharing options...
William Michael Posted May 1, 2009 Share Posted May 1, 2009 <p>:) WW</p> Link to comment Share on other sites More sharing options...
thephotographers Posted May 5, 2009 Share Posted May 5, 2009 <p>I would stick to your contract! What ever your contract states is what should stand.</p> Link to comment Share on other sites More sharing options...
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