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Archive 2014 · Need advice, couple backed out and want deposit back.

  
 
agelessphotog
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p.1 #1 · p.1 #1 · Need advice, couple backed out and want deposit back.


A couple booked a wedding with us a few weeks ago. I got an email from the bride last week saying they need more time and can't commit to the date. I said that is fine, we will keep everything the same just let me know when you find out what the new date will be. Today my wife gets a call from her Fiance, or the guy she was going to marry, he said things didn't work out between them and she wants to know if she can get her $300 deposit back. The check has been deposited into my account and they signed a contract saying that $300 deposit was non refundable. What would you guys do? this is the first time I have been in this situation. I don't know if what they are saying is true, or they found another photographer they want to go with.


Mar 19, 2014 at 04:06 PM
jcolman
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p.1 #2 · p.1 #2 · Need advice, couple backed out and want deposit back.


The answer you will get more than any other will be "always stick to what your contract says". Non refundable means just that. However, some states have a 3 day "buyers regret" law that states that in some instances, deposits are refunded no matter what. But this would not apply to your case since it's been a few weeks since the contract was signed.

Edited on Mar 19, 2014 at 04:17 PM · View previous versions



Mar 19, 2014 at 04:14 PM
agelessphotog
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p.1 #3 · p.1 #3 · Need advice, couple backed out and want deposit back.


It's been more than 3 days. I think I am going to keep the deposit but let them know if I get another booking for that day, I will then refund them the $300 deposit.


Mar 19, 2014 at 04:16 PM
jcolman
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p.1 #4 · p.1 #4 · Need advice, couple backed out and want deposit back.


agelessphotog wrote:
It's been more than 3 days. I think I am going to keep the deposit but let them know if I get another booking for that day, I will then refund them the $300 deposit.


That is what I would do too.



Mar 19, 2014 at 04:17 PM
Scott Mosher
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p.1 #5 · p.1 #5 · Need advice, couple backed out and want deposit back.


jcolman wrote:
That is what I would do too.


+2

I once was booked for a small wedding. They paid the deposit which I think was about $250 or something. The couple broke up at Christmas, 4 months before the wedding. MOB called me to let me know. Since it was Christmas I offered to give back 1/2 the deposit which she was thankful for. When her daughter got engaged to another guy a year or so later they hired me for the wedding.



Mar 19, 2014 at 04:21 PM
swoop
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p.1 #6 · p.1 #6 · Need advice, couple backed out and want deposit back.


Contact says that money is yours. Their personal problems or inability to make a decision is not your responsibility. Did you become a photographer to make friends or to make a living. If you feel guilty keeping it, then give it back. And you may as well remove the wording from your contact since it doesn't matter anyway.

The reason why deposits are required are to protect you from this indecision about what photographer they want. It also ensures that if they do cancel, you're not at a complete loss for that date in the event you had to turn down other clients or it's too close to find another client. Weddings are seasonal work. There are only so many days you can photograph them. Having to lose just one is a big hit.



Mar 19, 2014 at 04:22 PM
Jamesbjenkins
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p.1 #7 · p.1 #7 · Need advice, couple backed out and want deposit back.


agelessphotog wrote:
It's been more than 3 days. I think I am going to keep the deposit but let them know if I get another booking for that day, I will then refund them the $300 deposit.


+1. Good answer.



Mar 19, 2014 at 04:26 PM
ohsnaphappy
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p.1 #8 · p.1 #8 · Need advice, couple backed out and want deposit back.


I would stay strong and stick to my contract etc, but unless you really need the money, $300 isn't a fortune, sometimes an act of kindness pays off down the road. If you absolutely need the money for your financial survival I understand. We all had to start somewhere. But if you don't need the money, just make it clear you're not required to give the money back, but you're going to do it anyway just to be sweet I've had several referrals from people I've helped in tough situations. Although, I do live in somewhat small community


Mar 19, 2014 at 06:37 PM
katchsilva
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p.1 #9 · p.1 #9 · Need advice, couple backed out and want deposit back.


I say stick to the contract, but be nice and understanding about it.

Also important: in your contract, don't use the word deposit. Use the word "retainer". In a court of law a deposit can be "refundable" (even if it says non-refundable), whereas a "retainer" will always be non-refundable. Just a little legal advice



Mar 19, 2014 at 06:55 PM
heikoM
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p.1 #10 · p.1 #10 · Need advice, couple backed out and want deposit back.


I had the same,

girl commited to him, she had cheated on him for months... !?

I gave him back 50% of the deposit and said if I rebook he would get the rest. (my contract stated not refundable)

heiko



Mar 20, 2014 at 06:48 AM
Brian Virts
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p.1 #11 · p.1 #11 · Need advice, couple backed out and want deposit back.


I had this happen to a bride so I offered her a quick portrait session instead of a deposit refund.


Mar 20, 2014 at 07:30 AM
Michael Beard
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p.1 #12 · p.1 #12 · Need advice, couple backed out and want deposit back.


Another vote for returning the deposit if you book another wedding on that date.


Mar 20, 2014 at 08:14 AM
Sodonn
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p.1 #13 · p.1 #13 · Need advice, couple backed out and want deposit back.


Sort of off topic...but maybe helpful. I first called it a deposit in my contracts.....now it is a retainer. http://www.thelawtog.com/use-deposit-retainer-photography-contract/


Mar 20, 2014 at 08:30 AM
jeremy_clay
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p.1 #14 · p.1 #14 · Need advice, couple backed out and want deposit back.


Three hundred bucks


Mar 20, 2014 at 08:41 AM
ricardovaste
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p.1 #15 · p.1 #15 · Need advice, couple backed out and want deposit back.


jeremy_clay wrote:
Three hundred bucks


What is yours? 50%?

I was thinking about this recently. My retainer is only £200, and if that's all I got from a cancellation, I would be in a pretty bad position (to not get the expected balance). I had someone cancel last July, but was able to get the date re-filled in only a few days (thankfully).



Mar 20, 2014 at 08:50 AM
DONIV
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p.1 #16 · p.1 #16 · Need advice, couple backed out and want deposit back.


$300?... if it was only 300 bucks and they wanted to opt out about 6+months before the wedding, I'd give it back. I'd just give it back and leave off as someone who was really easy to work with and hope for a referral from them. If it was close to the date, I'd keep it and explain why.


Mar 20, 2014 at 10:13 AM
SGallant
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p.1 #17 · p.1 #17 · Need advice, couple backed out and want deposit back.


jeremy_clay wrote:
Three hundred bucks

my thought too.



Mar 20, 2014 at 10:14 AM
Druhzin
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p.1 #18 · p.1 #18 · Need advice, couple backed out and want deposit back.


I agree with it as well that if you can book another return it. The act of kindness may lead to further bookings, whereas if not people have known to give negative feedbacks for less. It may not be online, but word of mouth can be just as damaging.


Mar 20, 2014 at 11:34 AM
agelessphotog
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p.1 #19 · p.1 #19 · Need advice, couple backed out and want deposit back.


I am pretty sure they decided to go with a cheaper photographer. We met them at Panera bread to go over what they were looking for and to see if they would book with us. They showed up pretty late. I think they were coming from an appointment with another photographer. I have a feeling one of the other people she was talking to got back with her and offered a lower price. Me and my wife had to get a babysitter, wasted a good part of our day preparing and talking to them. My wife called her husband and advised him or our decision to keep the deposit and explained why. He seemed fine with that.

As far as the $300 deposit. My most expensive package is $1995. I have not been shooting weddings as long as you guys. I have only owned a DSLR for about 3 years now, and started doing weddings for about 2 years. I just don't know if my work is good enough to charge more. I am getting decent demand, but not as much as I would like. When I get demand I plan on raising my prices and the deposit. I am getting more business now than I ever have. I have thought about trying google ads. I tried facebook ads and that got me no where. I did book 5 weddings from my first Bridal expo recently. Well, 4 now that they backed out. But that was a good investment and I am going to attend two this year. Any advice is greatly appreciated. With pricing, marketing, anything at all. Changing anything around on my website.

http://www.notasnapshot.com/



Mar 20, 2014 at 12:37 PM
DONIV
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p.1 #20 · p.1 #20 · Need advice, couple backed out and want deposit back.


agelessphotog wrote:
My most expensive package is $1995. I have not been shooting weddings as long as you guys. I have only owned a DSLR for about 3 years now, and started doing weddings for about 2 years. I just don't know if my work is good enough to charge more. I am getting decent demand, but not as much as I would like. When I get demand I plan on raising my prices and the deposit. I am getting more business now than I ever have. I have thought about trying google ads. I tried facebook ads and that got me
...Show more

based on what you just said, you will be out of business soon because your cost of doing business is probably higher than you highest package. even if you are part time, i don't think it is worth your time with those prices. my advice to you is, do not base your pricing on your emotions. (emotional pricing is one of the biggest reasons why most photogs don't make it) the numbers don't lie. ask an accountant or accountant friend and figure out the cost of running your business...factoring retirement ect. figure out that number and then create a package from there.



Mar 20, 2014 at 12:54 PM
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