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How much am I liable? Is contract valid?

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needanadvice

Guest
What is the name of your state? OR

The contract I've signed says I can cancel with $250 penalty if the calcelation is made 120 days before the photo date. If I decide to cancel with less than 120 days from of the photo date, the photo company will not refund any of the deposite.

The problem is that when I signed the contract I only had 45 days to the photo date, so it was impossible to give any notice.

Am I stuck with this photo company?
Or, can I get out of the contract by paying $250?
 


L

loku

Guest
You are liable for the penalty unless the amount of the penalty is unreasonable. It would probably be unreasonable if the amount had no relationship to their loss from your cancellation. For example, if the contract called for you to pay $250 and if they usually could not reschedule their time with less than 120 days' notice, then it would probably be reasonable. If they had no trouble rescheduling, then it would probably be excessive.
 
N

needanadvice

Guest
Thanks for your reply.
I assumed I was liable for the $250. What I want to know is if I am liable for the full payment, which was given as the despot.
 
L

loku

Guest
I ASSUMED I WAS LIABLE FOR THE $250. WHAT I WANT TO KNOW IS IF I AM LIABLE FOR THE FULL PAYMENT, WHICH WAS GIVEN AS THE DESPOT.

If there was no mention in the contract or the negotiations for it of what would happen to the full payment deposit in the even of a cancellation, it would usually be forfeit; however, since there was a specified forfeit, the contract would very likely to be interpreted to mean that $250 would be forfeit and the rest returned.

For various reasons, ambiguities in the contract would be interpreted in your favor since they drew up the contract.
 

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