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Archive 2013 · Cancelled Contract Confirmation....

  
 
joelconner
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p.1 #1 · p.1 #1 · Cancelled Contract Confirmation....


Just had a contract cancelled for next year. We Have been averaging one a year for the past 3 years. Up to this point, once they have cancelled, we have just verified it with them and went on with other business. I had the thought today, though, that it seems pretty fooling to not have some sort of contractual confirmation that the original contract is being terminated. It has never been a problem before, but I am pretty sure that if the people ever came back to make a fuss about things, us having an email from them would not be enough verification on our end to ensure that the contract was actually called off.

How do you handle it when people do cancel?



Nov 15, 2013 at 09:48 PM
hardlyboring
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p.1 #2 · p.1 #2 · Cancelled Contract Confirmation....


I think as long as you have email correspondence you should be fine.

It is not like the couple would be like
"Oh fake out...we really wanted you"
If you had emails and such a court would be done so fast it would not even be worth showing up.



Nov 15, 2013 at 10:33 PM
joelconner
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p.1 #3 · p.1 #3 · Cancelled Contract Confirmation....


hardlyboring wrote:
I think as long as you have email correspondence you should be fine.

It is not like the couple would be like
"Oh fake out...we really wanted you"
If you had emails and such a court would be done so fast it would not even be worth showing up.


Ok...that was what I had relied on in the past, and it always seemed safe enough to me. I just had the thought hit me that with identity fraud so rampant that someone could try to claim that it was not them that sent the email (or something silly like that)



Nov 15, 2013 at 10:41 PM
julieawhitlock
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p.1 #4 · p.1 #4 · Cancelled Contract Confirmation....


I have a form that I send them online that opens their date and that they understand their retainer will not be refunded unless I rebook it. They fill it out and return it. Covering my butt


Nov 15, 2013 at 11:10 PM
sboerup
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p.1 #5 · p.1 #5 · Cancelled Contract Confirmation....


If they don't pay the final balance, then thats a breech of contract anyway.


Nov 16, 2013 at 12:37 AM
D. Diggler
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p.1 #6 · p.1 #6 · Cancelled Contract Confirmation....


hardlyboring wrote:
I think as long as you have email correspondence you should be fine.


That's how I'd handle it.



Nov 16, 2013 at 06:18 AM
rmric0
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p.1 #7 · p.1 #7 · Cancelled Contract Confirmation....


You could always send them a notice about the cancellation and your refunding policies and have them sign and return it, if you want to CYA.


Nov 16, 2013 at 08:00 PM
mci2727
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p.1 #8 · p.1 #8 · Cancelled Contract Confirmation....


My contract states that the only way to void it is with a registered letter sent stating that they wish to cancel it. Otherwise they will owe payment in full. It also states I'm under no obligation to show up or perform any photography if payment has not been made in full (like Spencer is saying).

Never had to actually deal with it, but gotta have some safeguards in place to cover ourselves.



Nov 16, 2013 at 08:25 PM
paparazzinick
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p.1 #9 · p.1 #9 · Cancelled Contract Confirmation....


Actually an email can stand in court as a legal means of a contract.


Nov 17, 2013 at 09:27 PM
Ian Ivey
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p.1 #10 · p.1 #10 · Cancelled Contract Confirmation....


It depends in part on the language in your contract. Cancellation is a change to the contract. If your contract states that the contract may only be modified in writing, signed by both parties, then relying on a simple email is risky.

PDF the email, and write a one-paragraph AMENDMENT TO THE AGREEMENT, stating that the agreement is cancelled and explaining how any fees will be handled. For example, "Per CLIENT'S email dated xx/xx/xxxx, attached to this amendment, the AGREEMENT (also attached) is cancelled, and photographer is released from all obligations contained therein. CLIENT'S retainer of $xxx is retained by PHOTOGRAPHER, and applicable to a photography session completed prior to xx/xx/xxxx."



Nov 18, 2013 at 01:12 AM
TheGE
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p.1 #11 · p.1 #11 · Cancelled Contract Confirmation....


Mail and signed receipt of your confirmation you're cancelling the service as per their request.

No sense taking a chance that the Monday after the wedding date they start proceedings against you claiming you never showed up, alleging you misunderstood the emails and the email they sent you where they changed their mind back seems to have gotten lost.



Nov 18, 2013 at 11:37 AM





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