Client changed date after contract signed

[justalayman]

By the way, what state is this in?

justalayman's advice sounds quite reasonable.

I still don't understand why OP would ask customer B if they were flexible on their event date so that customer A could rebook. That sounds like a recipe for getting customer B irked - at least, I would be irked if I made my deposit, signed a contract, and then got a call from the photographer asking if I could change the date to accommodate another customer. I might even think I'd chosen the wrong photographer, one that might flake out on me.

I don't think OP has been a "professional" photographer for long. Perhaps OP should start lurking around some wedding forums, to get a better idea of what the standards are.

I agree in general with your statement about asking client B about their date BUT maybe op knows something we don't. Maybe client B had shown some lack of commitment to a specific date in December and op was simply exploring the possibility they be open to considering a different date. while I think the inquiry in poor taste in general, maybe there is something we just don't know that made the op comfortable with inquiring.

 

[chrish16]

The mods wouldn't let me reply

 

[Zigner]

The mods wouldn't let me reply

Yet, here you are!

If you tried to post a link, you post may have been flagged for review.

 

[chrish16]

yea, thats what it was, I was trying to post a link to my contract. How does one share a file here?

The client has responded to my letter my txt, asking if they get their deposit back. I feel bad saying no, but at the end of the day I've lost £300 from that day because their moved their date.


My contract states:

ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.

PAYMENT SCHEDULE: The aforementioned 20% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full one month prior to the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned cheques will be assessed a £10 non-sufficient funds fee.

 

[LdiJ]

yea, thats what it was, I was trying to post a link to my contract. How does one share a file here?

The client has responded to my letter my txt, asking if they get their deposit back. I feel bad saying no, but at the end of the day I've lost £300 from that day because their moved their date.


My contract states:

ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.

PAYMENT SCHEDULE: The aforementioned 20% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full one month prior to the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned cheques will be assessed a £10 non-sufficient funds fee.

You know, all of the arguments/debates on this thread about the law have been based sole on US law, because this forum is for US law only. The bolded above indicates that you are NOT in the US, so all of the advice given to you here is pretty much worthless.

 

[chrish16]

The advice given did seem correct anyway. What do you think of the terms in the contract in general?

 

[justalayman]

The advice given did seem correct anyway. What do you think of the terms in the contract in general?

I think terms of the contract must comply with the laws of your country. There is no way a general guess would have any real meaning.