Contract deposit withholding

[Gomez2]

What is the name of your state (only U.S. law)? Arizona

Contract Deposit withholding
I have a contract with a band for a wedding and made a deposit. The day I signed I found out that they were losing some members one of them being their main singer. So I called the next day and expressed our concerns we asked if it woukd be OK to cancel and they said yes that I would need to contact another member directly. I sent that member a message and requested cancellation. At that time no mentioning of me still being charged for my deposit was made. A week later they cashed my deposit check and now refuse to refund the money stating the contract said it was no-refundable. Is there a way to get my deposit back?

 

[Dave1952]

Did the contract that you signed say that the deposit was non-refundable? If so why should you get your deposit back after cancelling? Bands frequently have personnel changes.

 

[quincy]

What is the name of your state (only U.S. law)? Arizona

Contract Deposit withholding
I have a contract with a band for a wedding and made a deposit. The day I signed I found out that they were losing some members one of them being their main singer. So I called the next day and expressed our concerns we asked if it woukd be OK to cancel and they said yes that I would need to contact another member directly. I sent that member a message and requested cancellation. At that time no mentioning of me still being charged for my deposit was made. A week later they cashed my deposit check and now refuse to refund the money stating the contract said it was no-refundable. Is there a way to get my deposit back?

Unless the contract specified by name the individuals in the band, and as long as the band still performs the same type of music (e.g., has not gone from rock to country), I do not see that you have much chance of getting a non-refundable deposit refunded.

That said, you could argue that the reason you hired the band was because of the main singer. For example, hiring the Rolling Stones and not having Mick Jagger as lead singer would justify a refund. You could argue that the terms of the contract you signed were changed after you signed the contract, when the band you hired was changed. You could argue that the contract that you signed is now void and your deposit should therefore be refunded.

Not that this will necessarily get you your deposit refunded. It really depends on the good nature of the band members and how the contract you signed was worded. And it also depends on how much the deposit was that you put down and if this money is really worth additional money and time needed to spend pursuing a refund of the deposit in court, in an action you could lose.

 

[Gomez2]

Deposit

My understanding is that a "non-refundable deposit" is a "liquidated damages clause" which means it's intended to protect the company from losses in case the person backs out. My deposit was 40% of the total cost, and the fact that we requested to cancel within 2 days of having signed the contract it does not justify losses.