Cancellation clause

Question to those who are doing maternity sessions.. What do you do in case the pregnancy didnt go as expected and the client needs to cancel the session? Are you still holding the retainer amount? I feel that I need to be returning it to the client, and I want to have it stated in my contract but I dont know how to spell it out in the contract..

I dont think everything possible has to be stated in the contract. Something like this is not something they do on purpose. Just be a nice guy and give the money back. If they decide to not have them made or decide to go with someone else that is one thing. But when it all goes wrong... just give it back. I dont see a need to include it in the contract.

Mark1 wrote in post #11492659
I dont think everything possible has to be stated in the contract. Something like this is not something they do on purpose. Just be a nice guy and give the money back. If they decide to not have them made or decide to go with someone else that is one thing. But when it all goes wrong... just give it back. I dont see a need to include it in the contract.

agreed.

yea... not a time to hold out. its a hard time for anyone if, gulp, something happened...

I do weddings and not maternity, though tragic things can happen there, too. My philosophy has always been real simple; give myself the legal authority to do whatever I want, but when the time comes, do what is right. Contractually, I get to keep all retainers. For the right reasons, I return them freely.

Peacefield wrote in post #11496159
I do weddings and not maternity, though tragic things can happen there, too. My philosophy has always been real simple; give myself the legal authority to do whatever I want, but when the time comes, do what is right. Contractually, I get to keep all retainers. For the right reasons, I return them freely.

Or, depending on circumstances, offer appropriate alternate services. "Pregnancy didnt go as expected" might mean born earlier than the scheduled session, in which case the offer of a newborne session might be appropriate.

But if the circumstances are tragic, then a return of funds is appropriate.

Mark1 wrote in post #11492659
I dont think everything possible has to be stated in the contract. Something like this is not something they do on purpose. Just be a nice guy and give the money back. If they decide to not have them made or decide to go with someone else that is one thing. But when it all goes wrong... just give it back. I dont see a need to include it in the contract.

Peacefield wrote in post #11496159
I do weddings and not maternity, though tragic things can happen there, too. My philosophy has always been real simple; give myself the legal authority to do whatever I want, but when the time comes, do what is right. Contractually, I get to keep all retainers. For the right reasons, I return them freely.

Agree with both of these.