Any Lawyers here willing to answer a ? about an irrevocable wedding contract

[JS80]

Originally posted by: JTsyo

Originally posted by: Crucial
The contract states "The retainer is not refundable if your event is cancelled. The deposit can be transferred to a different date if the photographer(s) are available and agreed upon."

Beyond that there is nothing stating anything about what happens if the services are canceled. The contract starts with "This constitutes an irrevocable agreement for photography services"

Well there's your loophole. Tell him it's canceled and set another date far into the future. Or if you know someone else that needs a photographer use him for that event instead.

I guess you missed the part that says "and agreed upon."

 

[drum]

Originally posted by: sao123
tap 3 islands and play:

smoke and mirrors
instant
remove all irrevocable contracts from play

fixed
that's an expensive instant

although a Fireball is X mountains

 

[DaWhim]

tell the photography have fun suing them and collecting the money.

 

[slsmnaz]

they signed a contract without any escape clause and now they want to screw the person out of their money? Most good photographers are booked well in advance. I hope they have to pay back every cent

 

[olds]

I assume retainer = deposit?
If that's the case, they are out the deposit. Did they pay for the entire thing up front or just make a deposit?

 

[TallBill]

Originally posted by: drum

Originally posted by: sao123
tap 3 islands and play:

smoke and mirrors
instant
return all irrevocable contracts to their owner's hand

fixed
that's an expensive instant

although a Fireball is X mountains

Fixed again, you made it too powerful

 

[KeithTalent]

From what you have posted, it sure sounds as if they are only out the deposit/retainer. However, if it is being cancelled with very short notice, he may have a leg to stand on should he not be able to fill the date and decides he wants to to pursue things in court.

KT

 

[Crucial]

Wedding is in mid June. They canceled about a month from the date.

They paid the retainer and nothing more so far.

 

[Kelvrick]

The photogs I'm looking at book 6-8 months in advance. Good ones might be able to rebook, but it is a hassle for them.

I'd cut back on other things like delaying a honeymoon, food, even guests before I'd cut out the photog. Maybe I'm just a sucker for that line. A year from now you're not going to have the flowers, the food, maybe even the friends, but you'll have the pictures.

 

[jonks]

Originally posted by: DaWhim
tell the photography have fun suing them and collecting the money.

Yeah, great way to start out married life, with a judgment against you, and a lien against your property. Good luck getting a loan after that.

You know there's a reason people sign contracts. They're not just boring pieces of paper. Don't get hooked on the 'irrevocable' part tho, it tends to mean jack.

Before everyone gets all litigious they should maybe try to negotiate a way out of this. If the photog can't book another gig but would likely have been able to but for your friends' late cancelation, maybe they can pay a portion of the fee in addition to the deposit, say 30%, but they can haggle. They won't have to pay the full amount, and the photog can avoid court, which always sucks even when you're in the right.

 

[dirtboy]

Ah.

Contract law.

Contract law is very simple. If you sign in agreement to the terms, without being under duress, you must fulfill the terms. There is no law that says the contract needs to be fair or profitable in order to be legal.

If your friend signed a contract stating they would pay in full upon cancellation, then they must pay upon cancellation.

 

[maziwanka]

while i did just get admitted to the bar today, this isn't legal advice so don't take it as such.

if you actually take it to small claims court, you will likely only lose your security deposit. generally, for services contracts, courts won't force the parties to specifically perform.

i could be wrong though - he could argue that he denied other jobs because of yours and so he's out the full cost of the contract.

 

[dirtboy]

Originally posted by: Crucial
The contract states "The retainer is not refundable if your event is cancelled. The deposit can be transferred to a different date if the photographer(s) are available and agreed upon."

Beyond that there is nothing stating anything about what happens if the services are canceled. The contract starts with "This constitutes an irrevocable agreement for photography services"

Did the event get canceled? No.
Did the even get rescheduled? No.
Do you have an irrevocable agreement stating both sides must perform their obligation to the contract? Yes.

At this point, I'd tell you friend it's easier to have the photographer take the pictures than get out of the contract. Maybe people will give money at the reception and they can use that pay for the pictures.

 

[KeithTalent]

Originally posted by: Crucial
Wedding is in mid June. They canceled about a month from the date.

They paid the retainer and nothing more so far.

I am very far from a lawyer, and I haven't seen the actual contract, but if I were your friends I would only expect the photographer to keep the deposit and that is all.

When we signed on with our photographer, we paid a non-refundable deposit and agreed to pay a further amount if we cancelled within 2 weeks of the wedding, but it was explicitly laid out in the agreement and we were fine with it as she was extremely popular around here and the wife really wanted her.

KT

 

[Bill Brasky]

Can you post the full text of the agreement (with personal info. omitted of course)? Or maybe the photographers website? You'd probably get more accurate speculation.

 

[olds]

Originally posted by: dirtboy
... Maybe people will give money at the reception and they can use that pay for the pictures.

That's not the least bit tacky.

 

[bctbct]

Originally posted by: oldsmoboat

Originally posted by: dirtboy
... Maybe people will give money at the reception and they can use that pay for the pictures.

That's not the least bit tacky.

tacky would be a table at the back of the church selling the dvd 🙂