Contract dispute

[Jlodfw]

What is the name of your state? TX

I have a part-time photography business and make clients sign a contract stating that all deposits and payments must be paid 7 days before the wedding and that monies are not refundable in the event of a postponement or cancellation of the wedding.

I had a client cancel 3 days before the wedding. Reason stated was a death in the family. The bride/groom did not call, a sister did to notify me they were cancelling the wedding. Then they stopped payment on the final payment check.

Do I still have legal right to enforce the "deposit and payments are non-refundable" part of the contract even in the event of a family death? I know the wedding chapel did not refund their fee.

 

[I AM ALWAYS LIABLE]

What is the name of your state? TX

I have a part-time photography business and make clients sign a contract stating that all deposits and payments must be paid 7 days before the wedding and that monies are not refundable in the event of a postponement or cancellation of the wedding.

I had a client cancel 3 days before the wedding. Reason stated was a death in the family. The bride/groom did not call, a sister did to notify me they were cancelling the wedding. Then they stopped payment on the final payment check.

Do I still have legal right to enforce the "deposit and payments are non-refundable" part of the contract even in the event of a family death? I know the wedding chapel did not refund their fee.

My response:

If you wish to be hyper-technical about the law, and your contractual rights, then death of a non-contracting person; i.e., a relative of a contracting party, is not a lawful reason for "impossibility" or "futility" of performance under a contract.

However, let's be practical and not a prick about it. No one intended for their relative to die, and they need time to grieve; e.g., under the circumstances, this isn't the best time to get married and use your services.

Sometimes, a little understanding must override the mandates of a contract.

For the sake of Goodwill in the community (because bad references spread like wildfire about nasty photographers) tell them you're releasing them from their obligations to you, and move on.

IAAL

 

[Jlodfw]

contract dispute

Thank you for your quick response. Your right about being understanding in the event of someones death. And if I felt there really had been a death I'd never think of making them stick to the contract. But the bride/groom never called me themselves, and the "sister" that called just said "a death in the family", wouldn't state who had died. I truly do not believe there was a "death".

jlodfw

 

[I AM ALWAYS LIABLE]

Re: contract dispute

Thank you for your quick response. Your right about being understanding in the event of someones death. And if I felt there really had been a death I'd never think of making them stick to the contract. But the bride/groom never called me themselves, and the "sister" that called just said "a death in the family", wouldn't state who had died. I truly do not believe there was a "death".

jlodfw

My response:

Then, in a letter to the contracting party, include the following paragraphs - -

"Please send me a Certified copy of the death certificate, along with your explanation of how this person's death affected your wedding; e.g., was this person a part of your wedding party, or merely a guest? If I'm satisfied with the Certificate (not just a plain copy, but a "Certified copy") and your explanation of the deceased person's relationship to you, and your wedding, then I'll be more than happy to send you a confirmation of your release from our contract, and your obligations thereunder.

However, if I don't receive the requested document, and your explanation, within 10 days from the date of this letter, then I will presume that your failure to perform under our contract was a "breach" of our agreement, forcing me to seek other and appropriate remedies."

Okay, how's that?

IAAL

 

[Jlodfw]

contract dispute

This "redhead" says thank you very much!!

jlodfw

 

[drago]

Uh oh, too high.