Home · Register · Search · View Winners · Software · Hosting · Software · Join Upload & Sell

Moderated by: Fred Miranda
Username   Password

FM Forum Rules
Wedding Resource List
  

FM Forums | Wedding Photographer | Join Upload & Sell

  

Archive 2012 · Interesting Situation...Need Advice
  
 
dgleason
Offline
• •
Upload & Sell: Off
p.1 #1 · p.1 #1 · Interesting Situation...Need Advice


We ran into a situation where we had a client that couldn't afford our down payment until she got paid which wasn't for two weeks. She seemed very nice and really excited about our work so against our better judgement we agreed to go ahead and save her date. She and her fiance signed the contract which stated they would pay the down payment on Nov 1.

So the money was due today and we hadn't heard from her so we gave her a call. Basically she said oh you must not have got my email is sent last week...(there was no email), but my fiance was in a car accident...he's ok but we are going to have to postpone things because of the medical bills...We said no problem, the retainer will still count towards your wedding whenever you do decide to book and we could arrange payment options for her. Then she say's...well I don't even think we will be able to have a photographer! Couldn't really tell if she was telling the truth or not but my gut tells me she's lying about the seriousness of the accident. I guess I could be way off base.. Either way I have a contract stating they agreed to pay the retainer..and we did turn away a wedding because of them!

Do we stick to our guns and make them pay or just let it go?

Thanks in advance!




Nov 01, 2012 at 10:55 PM
rockant
Offline
• •
Upload & Sell: Off
p.1 #2 · p.1 #2 · Interesting Situation...Need Advice


I am now expert, but I do not see it doing your business any good pressing the issue. Can you imagine how it would sound to others if she is telling the truth.

Lesson learned the hard way!



Nov 01, 2012 at 11:14 PM
Juliewhitlock
Offline

Upload & Sell: Off
p.1 #3 · p.1 #3 · Interesting Situation...Need Advice


I can't see any benefit for you to try to enforce that. There's only downsides. Wish them well and move on.


Nov 01, 2012 at 11:21 PM
D. Diggler
Offline
• • • • •
Upload & Sell: Off
p.1 #4 · p.1 #4 · Interesting Situation...Need Advice


dgleason wrote:
I have a contract stating they agreed to pay the retainer..and we did turn away a wedding because of them!

Do we stick to our guns and make them pay or just let it go?


"Make them pay" based upon what? You have no contract with them. In order for there to be a contract, they would have had to make a payment along with signing. You can't make them pay even if you wanted to. Your fault for penciling them in without a contract in place.

A date is only "booked" if there is a signed contract PLUS the cash. You need both.

I've had clients mail me the signed agreement with no check and I mail the agreement back saying I need a check in order to secure their date. I've had clients mail the check with no signed agreement and I mail back the check saying I need the signed agreement in order to secure their date.



Nov 01, 2012 at 11:44 PM
amonline
Online
• • • • •
Upload & Sell: Off
p.1 #5 · p.1 #5 · Interesting Situation...Need Advice


She changed her mind.

Open the date.

End thread.



Nov 02, 2012 at 12:35 AM
BGP1
Offline
• • •
Upload & Sell: Off
p.1 #6 · p.1 #6 · Interesting Situation...Need Advice


That's the story you get tell from now on to all future clients as to why you don't hold a date without a retainer. Sucks.


Nov 02, 2012 at 12:56 AM
tobicus
Offline
• • •
Upload & Sell: Off
p.1 #7 · p.1 #7 · Interesting Situation...Need Advice


BGP1 wrote:
That's the story you get tell from now on to all future clients as to why you don't hold a date without a retainer. Sucks.


Bingo. Move on and remember to keep dates open until the moolah shows up. You'll be fine.



Nov 02, 2012 at 01:43 AM
dgleason
Offline
• •
Upload & Sell: Off
p.1 #8 · p.1 #8 · Interesting Situation...Need Advice


We let it go. Thanks for the input


Nov 02, 2012 at 02:02 AM
TTLKurtis
Offline
• • • • • •
Upload & Sell: On
p.1 #9 · p.1 #9 · Interesting Situation...Need Advice


Hopefully you learned a lesson. No deposit no saved date.


Nov 02, 2012 at 02:05 AM
 

Search in Used Dept. 



scottam10
Offline
• • •
Upload & Sell: Off
p.1 #10 · p.1 #10 · Interesting Situation...Need Advice


That sucks, you held up your side of the deal, but I don't think you can press it unfortunately

That's what a retainer is for...until you have that, they have nothing invested and can walk away pretty much scot-free

Interesting that you asked for a retainer without a date selected. What would the retainer have bought for them? ...the ability to choose a date later I guess

Yep, looks like the date is now open. You could call the other couple and let them know of the cancellation (possibly too late now)




Nov 02, 2012 at 02:46 AM
MalachiConstant
Offline
• • •
Upload & Sell: Off
p.1 #11 · p.1 #11 · Interesting Situation...Need Advice


wa wa waaaaaa




Nov 02, 2012 at 11:40 AM
RichardLavigne
Offline
• • • • •
Upload & Sell: On
p.1 #12 · p.1 #12 · Interesting Situation...Need Advice


It sounds to me as if their financial situation changed and they are no longer interested in your services.... that's fine. Ask them to void the contract, in writing and everyone is free and clear to go on their way.

In the future... change your contract so that it states that it is not valid without retainer.... and don't accept ANY contracts without payment in the future. if you simply maintain that as a hard and fast rule regardless of situation, you'll always be protected.

Edited on Nov 02, 2012 at 02:11 PM · View previous versions



Nov 02, 2012 at 01:47 PM
Brian Virts
Offline
• • •
Upload & Sell: Off
p.1 #13 · p.1 #13 · Interesting Situation...Need Advice


^+1

Signed contract and retainer = booked wedding date.



Nov 02, 2012 at 01:50 PM
cordellwillis
Offline
• • • • •
Upload & Sell: Off
p.1 #14 · p.1 #14 · Interesting Situation...Need Advice


Between the time of signing the contract and waiting for her to get paid (EG, not paying you) they found someone on CL to cover their entire wedding day for the cost of your retainer.

Don't do this again.



Nov 02, 2012 at 06:13 PM
Ian Ivey
Offline
• • •
Upload & Sell: On
p.1 #15 · p.1 #15 · Interesting Situation...Need Advice


"Make them pay" based upon what? You have no contract with them. In order for there to be a contract, they would have had to make a payment along with signing.

That's incorrect. A signed agreement with a promise to pay is enforceable, particularly if you acted in reliance on that agreement to your detriment, as you seem to have done by turning away business for that date.

It's still unlikely to be worth attempting enforcement, but I'd also say people here do tend to fret too much about photographers enforcing their contractual rights. This client will never refer business to you, or even talk about you positively, no matter what you do. I give at least even odds that they could have paid you at signing, but wanted the option to talk to another photographer, you gave them the option, they took it and booked elsewhere, and then lied to you about the accident. There's likely no value in preserving a relationship with this couple, and the couple has cost you an opportunity.

Though I'd certainly investigate whether the groom was in fact injured first, and might not bother with an action if this claim were true, it would be legally appropriate for you to require payment of the retainer under the contract, and then to refund it if you re-book the date at full price. Whether the amount of your retainer makes the effort worthwhile is yet another matter, but I argue the risk to your reputation is a lot lower than people here worry it might be. It won't become a regional news story, much less a national one.



Nov 02, 2012 at 08:50 PM
Jon-Mark
Offline
• •
Upload & Sell: Off
p.1 #16 · p.1 #16 · Interesting Situation...Need Advice


I feel that if you turned away work that you need to enforce the contract and require the retainer unless you are able to book the date.


Nov 02, 2012 at 11:59 PM
BriMcD
Offline
• •
Upload & Sell: Off
p.1 #17 · p.1 #17 · Interesting Situation...Need Advice


I would make sure that they are lying and if they are in force it. You would not want referrals from them anyway. I'm learning from your generosity. It's not worth it. Hope it works out for you.

Edited on Nov 11, 2012 at 01:24 PM · View previous versions



Nov 11, 2012 at 01:23 AM
Marcus Watts
Offline
• • • •
Upload & Sell: Off
p.1 #18 · p.1 #18 · Interesting Situation...Need Advice


amonline wrote:
She changed her mind.

Open the date.

End thread.


Well said.

Holding the date with no deposit was your mistake. Learn from it and move on.



Nov 11, 2012 at 11:22 AM





FM Forums | Wedding Photographer | Join Upload & Sell

    
 

You are not logged in. Login or Register

Username   Password    Reset password