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Client Breach of Contract/Relationship termination
  
 
bipock
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p.1 #1 · p.1 #1 · Client Breach of Contract/Relationship termination


I have a client who is in breach of her wedding contract. We have tried to work things out, but efforts have been unsuccessful and things have ended in a not positive manner. While I have a really good contract, what I don't have is a contract termination letter.

Looking for something that covers the why the contract is terminating, a clear statement of ended responsibilities on both sides, a clear statement of what happens to the retainer and, preferably, something that states the potential legal consequences of negative feedback as retribution or personal attack.

Any of you guys have something you can share or know of a good one?



Apr 16, 2017 at 08:49 PM
glort
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p.1 #2 · p.1 #2 · Client Breach of Contract/Relationship termination



Not lawyer nor play one on TV but I would be careful .

I would tend to be stipulating that the contract has been terminated due to breaches rather than what the breach was as that gives Rise to argument and dispute.

As for potential legal Consequences, your REALLY need be putting that to a Lawyer not to those on a Photo Forum.

Personally, I'd be Keeping it real Short and Sweet. Can't go ahead with services due to breach of contract, deposit is ...what ever it is in your contract.

This Raises a good point though, If you have a contract there is other things you need to go with it.

I had one many years ago. Came in for the confirmation and when I asked for the balance they said their father was paying for the pics and didn't want to pay till after the event. I pointed out THEY signed the contract over 6 months ago not the father and that was an issue between them, Not me. They wouldn't Budge and having learnt my lesson too many times by then, I wrote a cheque for the deposit, gave it to them and said have a nice life.

Of course I was the bastard leaving them in the lurch yada yada.
Pointed out it was them whom were in breach of the contract not me and closed the door. The father was on the phone ringing me shortly after saying he would pay but I replied there had to be an amount of trust going into a transaction like that and they obviously didn't trust me and I know longer trusted them and that was it.

I was able to continue my business as normal and did not have to shut down because of unfavorable reviews.



Apr 17, 2017 at 08:25 AM
bipock
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p.1 #3 · p.1 #3 · Client Breach of Contract/Relationship termination


Thanks Glort. I actually decided that, while this could probably be handled by me without much effort, that I would go completely legal and by the book, so I have reached out to a couple of attorneys.


Apr 17, 2017 at 11:26 AM
mirrorrim
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p.1 #4 · p.1 #4 · Client Breach of Contract/Relationship termination


Lawyer-and-photographer-written contracts:

https://www.thelawtog.com/product/cancellation-of-contract/

https://www.thelawtog.com/how-to-cancel-a-photography-contract/

https://www.thelawtog.com/product/client-issue-pack/



Apr 17, 2017 at 06:29 PM
LeeSimms
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p.1 #5 · p.1 #5 · Client Breach of Contract/Relationship termination


and lawtog likely points out some states have exceptions

We're all in a delicate position with online reviews. Even if you have proper documentation with escape clauses, etc, it doesn't stop someone from dumping on you at their favorite review site.

And as of the end of Obama's term, online review gag agreements are largely void. Again, engage counsel to ensure you're in compliance of local, state, and federal guidelines.

Be careful out there.



Apr 17, 2017 at 06:37 PM
 

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bipock
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p.1 #6 · p.1 #6 · Client Breach of Contract/Relationship termination


Thanks guys. I have an attorney involved to make sure everything is do by the book and end it without further issues arising.

Boy do I hate feeling like I am being a dick.



Apr 17, 2017 at 06:51 PM
mikeinctown
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p.1 #7 · p.1 #7 · Client Breach of Contract/Relationship termination


bipock wrote:
Thanks guys. I have an attorney involved to make sure everything is do by the book and end it without further issues arising.

Boy do I hate feeling like I am being a dick.


Never feel like a dick for protecting your business. That is how you feed yourself and your family. I sure as hell don't ever feel like a dick for cancelling contracts with anyone I do business with as it is deserving. It isn't like I spin a wheeel and it lands on my best friend.




Apr 25, 2017 at 03:47 PM
Edward Castro
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p.1 #8 · p.1 #8 · Client Breach of Contract/Relationship termination




bipock wrote:
Boy do I hate feeling like I am being a dick.


Then don't, because you aren't being one. Go do something else besides photography that you enjoy to clear your head. Spend time with your family.



Apr 26, 2017 at 06:47 AM
Littleguy
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p.1 #9 · p.1 #9 · Client Breach of Contract/Relationship termination


All this effort - just so you can keep the retainer?

If it was me - I would just give her money back and send her on her way unless the wedding is next week. If its far enough in advance - your lost opportunity costs is almost nothing.




Apr 28, 2017 at 02:17 PM







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