Ever gone to court over a cancellation?

Any of you ever taken your clients to court for breaching the contract?

1st time ever. Just had the clients who booked this may for Nov 30th of this year call to cancel due to them "finding a better deal"
Last week the Bride called to see if I would consider changing the contract to exclude the 30 8x10 album and sell them the neg/files to make thier own. She claimed that her friend made a wonderful album on-line with the files a photographer sold after the wedding. If I was to do the same type of album for her she would not be able to afford it. I thought well, I see a lot of you guys here shooting and selling off the images and that's it. This is the Brides second wedding, little older, etc, so the possibility of a refferal from the album was not that high. Gave her a price on Friday Evening at about 7:30pm. I said that I would mail her a new contract with the price we agreed upon and it was due back no later than when her second deposit was due which was in two weeks. She sounded happy and said she would make sure with the groom as that is what he wanted to do also. I said I needed to know by Monday. On Sat I got a call from the groom in which he said he wanted to cancel me since they found a better deal yesterday and signed a new contract. I took the approach that it is just over 30 days to the wedding and they are in brech of the contract and owe the entire amount since I could not rebook the day so close to the wedding day. He thought not, since I did nothing and was keeping the $400 retainer. Here is what I said, If I told them today that I was returning thier retainer and cancelling the wedding since I got a better booking they would in-turn take me to court.

I see here that some in the past said that keeping the retainer for a day off was ok with them, but try letting that happen when this is your entire source of income for your family, you have a studio to run, and you have staff to pay. Look at the big picture here. Contracts are to protect not only the client but us also.

In the past I have let a cancelation happen with only keeping the retainer. Case by case , but they in the past have been due to the wedding being cancelled and the couple calling it off, or due to death, and also going to Iraq. (That one, I gave back the retainer) So please answer the original question I have and lets not go into I got $400 and a day off, OK.

Your post isn't clear, especially the last 1/3 of the first paragraph. If you clarify you'll get more advice.

Breach of contract is basically not allowed. Get good legal advice and follow it.

What is the exact wording in your contract dealing with late cancellations. Provide that and we may be better able to judge the merit of the issue?

Keep the retainer and forget it. It's $400 for taking the day off. I don't care if that's not what you want to hear. It's the truth. You've got $400 and don't have to lift a finger and you can still book the day if someone comes along last-minute.

Legal battles are a headache and not worth the expense. It'd cost you more in legal fees than the wedding contract would have paid.

You said you let others go without legal action. What makes this one different? The reason for cancellation shouldn't factor into your decision whether to get sue happy...a cancellation is a cancellation.

I second cdifoto. See the chances to "win" and your own costs and how long it will take. You might have right with the contract, but is it a win-situation going that way?

I third cdifoto.

You have $400 of their money, I hope the photographer they hired now, is $400 less than you otherwise they aren't saving money. =]

Keep the 400, avoid the legal fees and headache! That is what the retainer is for!!!

OK, lets look at this.... they want to cancel, and you want to take them to court for the remainder of your fee.

They have friends, no doubt, who they will tell, who in turn will tell their friends. Not good publicity. And the court case, if you take it that far, will appear in the local press. I can see it now... "LOCAL PHOTOGRAPHIC STUDIO SUES BRIDE FOR CANCELLATION OF WEDDING"

Not good for business. Take their retainer and let it drop.

BTW, most wedding togs (AFAIK) would insist on the full balance being paid at least 60 days prior to the wedding day. I think you may need to reconsider your contract.

TJ

TeeJay wrote in post #4205478
BTW, most wedding togs (AFAIK) would insist on the full balance being paid at least 60 days prior to the wedding day. I think you may need to reconsider your contract.

TJ

I doubt that. I don't think it would fly with brides and grooms to be paying 100% that far ahead of the day. Full payment within a week prior or on the day of is more realistic...at least around here.

I'd think a photog would have to be in massive demand to get all the money that far in advance.

I think there are lot of varibles in play. If his contract called for a price in the 2500 to 3k range than I am going to follow through and take them to court. FYI just because a business has a legal issue does not mean that it will automatically lose business, the the word of mouth bit really does not hold any water.

I would try to explain the legal issues to the client again, if the refuse get the paper work started and have them served. In most small claims cases there are several oppertunities to work out the differences prior to going to court. Many have a arbitration hearing prior to going to court too. The couple is banking on the photographer folding his cards. That means that they got someone alot cheaper to do the shoot - family or friend. It is not $400 for a day off it is loss of income plane an simple.

Iam not sure why so many photographers relish the idea of leaving money on the table that is rightfully theirs. But trust me the very first time you miss a payment because of lost income from a client you aren't likely to do it again.

This photographer used a contract, explained it to his client and held up his end of the bargain how come the cleint gets off cheap?

Les

You'd have more time and money tied up in the courts...more loss of income...more headache...more stress....less time shooting to make more money. Sometimes you just have to know when to cut loose when you're still ahead. Only the lawyers truly win in the legal system.

If you're being canceled on frequently, increase the amount of the deposit. Make it cost-prohibitive for people to cancel.

tim wrote in post #4205116
Your post isn't clear, especially the last 1/3 of the first paragraph. If you clarify you'll get more advice.

As far as being clearer in the first third of the paragraph. Basically, I might be wrong but, I think the bride was feeling me out to see how flexable I was with a contract.

I see what you all are saying so far, but the question is, if any of you have gone to court over a broken contract. The issue for me is not the money, but the issue. breaking the contract, and this close to the wedding date. When is the line crossed? What if they called the night before the wedding? It was also the attitude about it that the groom had, "The contract does not matter, yes it's wrong what we did, but it does not matter", as he put it. People (Clients) are always ready to take leagal action when something is not done as to thier satisfaction or as per the contract. I have never been taken to court or ever even considered taking a client to court. The news about cases with wedding photographers is always one sided when it does happen. The couple are always taking the photographer to court. We are always made to look like the bad guys.

I do have a portrait shoot on Tuesday for a Judge and I will bring this issue up with him.

You obviously just want people to tell you to go for throat. So...

Go for throat.

You seem to be missing the point of the retainer. It's not just a happy little bonus so you can get a new flash when everyone signs on the dotted line. It's guaranteed money in case they do cancel. It happens. I wouldn't make a fuss - I'd just up the amount required by future couples.