DJ Contract Cancellation

[Astingel2016]

I live in Virginia

My wedding was 9.17.16. A couple of months before the big day I lost my job and had to scale back some things. I was expecting a refund from school so I decided to keep my DJ, however the refund didn't come in time so I ended up having to cancel my DJ the week of the wedding. I had paid a $300 deposit and the remaining balance was $600. I did tell him as soon as I had it I would get the payment to him but could not say when or promise a specific date.

I was contacted today and he said they needed to know a specific date. I looked back over the contract with him and although it does state any amounts paid greater than 50% of the deposit will be refunded if cancelled prior to 120 days before the event, there's nothing in the contract that says I'm required to pay him the balance due if I cancel, no matter when I cancel. Am I still required to give him the remaining $600?

 

[Zigner]

I live in Virginia

My wedding was 9.17.16. A couple of months before the big day I lost my job and had to scale back some things. I was expecting a refund from school so I decided to keep my DJ, however the refund didn't come in time so I ended up having to cancel my DJ the week of the wedding. I had paid a $300 deposit and the remaining balance was $600. I did tell him as soon as I had it I would get the payment to him but could not say when or promise a specific date.

I was contacted today and he said they needed to know a specific date. I looked back over the contract with him and although it does state any amounts paid greater than 50% of the deposit will be refunded if cancelled prior to 120 days before the event, there's nothing in the contract that says I'm required to pay him the balance due if I cancel, no matter when I cancel. Am I still required to give him the remaining $600?

Yes, you are. The contract allows for a (partial) refund if you cancel with enough time and you didn't do that.

 

[Astingel2016]

Yes, you are. The contract allows for a (partial) refund if you cancel with enough time and you didn't do that.

A partial refund of amounts already paid. I've only paid the deposit and I'm fully aware that won't be returned to me. The contract does not address what happens if the event is cancelled and the full balance hasn't been paid. The contract literally states "In the event your event is cancelled, payments in the amounts exceeding 50% retainer fee are refundable if cancelled prior to 120 days of the event with Full Payment."