What would you do?

[Niresangwa]

So this isn;t a hypothetical....

third last wedding of my season was due for next saturday. i'm friends with the maid of honour. she relayed a couple of stories about how the wedding was looking questionable.

i emailed the bride this afternoon asking for the time line so we could start firming it up, also reminding her the terms of our contract that her balance was due 14 days prior, so it was a week over due. she replied with a time line and saying the cheque would be in the mail asap. all was good.

checked my email this evening. email from the bride saying the wedding is off and the cheque will still be in the mail.

needless to say i feel kind of badly about taking their balance when its now canceled. however, this is my income (or a large part of it) and these stipulations in my contract are there for a reason (basically that aside from death and or major injury, the balance is still due if its inside of 14 days)...

...so, in this situation, would you just let her off, or take the money?

I'm interested to hear if this has happened to anyone else, or even just general thoughts on it.

TIA

[IABoomer]

Keep the money because you're legally allowed to and that's part of your contract. Let her know that should she want to do something with you in the future, you'll cut her a deal on that job.

This way, you don't lose out if she never does anything with you again, and if she does, you can account for that ahead of time instead of eating it now. Plus, you're giving her a reason to do further business with you and retaining a customer.

Maybe suggest she do a "burn the dress" session with you.

[Mike367]

She probably won't send the check, and you probably won't want to pursue it. If she does send a check, cash it immediately, but offer her a deal. She paid for the day. ( I like burn the dress).

[BigFuzzy]

Geesh, as bad as I feel for her, you have it right. The contract is there for a reason. I'd personally take the money and tell her I'd let her do a portrait session any time she'd like and offer her like 10 of the images or a couple of prints.

[candleman]

wow, that sux..

You can't keep the money if you have not provided the service for which she has paid.

Just because you have required payment in advance, doen't mean you have earned that money.
regardless of what the contract says, if a Judge sees it as unfair, you're ****ed.
Believe me.. i've just been down that road with people challenging my contract.. and i've made some changes.

I'm willing to bet the only porton of that money you can keep (legally and ethically) is the retainer.
Even keeping the retainer is dubious, as I have recently heard if the client chooses to take you to court over the retainer, you have to prove you have lost a booking because of thier pre-existing booking.

While i believe it's a regrettable situation, i don't think you will win if she takes you to court over that money. You havn't earned that money yet and it hasn't cost you anything in doing what you've done thus far anyway.

Personally, I would refund the money after the wedding date has lapsed.
You never know, these high tension on-again-off-again relationships, the wedding might be back on tomorrow and everything will be OK.
I would't rush into burning a bridge.

I would write something like:
"Dear Bride,
i'm terribly sorry to hear about this, and I hope you're doing OK.

I wil honor my end of the contract and keep that day open, so if the situation does change I wil be ready to photograph the day for you.

warmest regards,
Moi. "

Has she asked for her money back?
If she does, hold onto the money until the date on the contract lapses, then give her a full refund.
OR, a full refund minus the booking fee if you have proof you have lost money by turning away another client over thier date.

Not to mention,
If she is highly pissed you have "stolen" her money.. theres a big bag of bad word-of-mouth she will spread around.

A sympathy card and a full refund after the date would be a much wiser move.. and it totally dodge any legal bullets she may throw at you later too.
Thats how I would handle it.

That being said, I dont have your bills to pay... so I hope you can make the decision that keeps everyone happy and food on your table.

all the best with it.

[gturner]

Yep, guys make an error thinking you can just keep the cash. Not just in photos, but in many other business contracts.

I would certainly bill for your lost time, but you cannot charge for min print orders etc that have not been delivered.

[OsmosisStudios]

I would say send part of it back: Take a "booking fee" from what she sends, and then send her a refund check back. At that point it's in her court: she can cash the check or not.

[Niresangwa]

Well, thanks for the thoughts.

I ought to be clear that this is more an ethical issue than a legal one. The down-payment is already in the bank and her engagement shoot was done back in October, there would be no returning that at all from both a practical and contract stand point.

The balance however, I'm confident that it will be paid. She's a good kid and takes the contract seriously. If she decided not to, and I admit she may not, I wouldn't be bothered over it particularly. However when it does show up and it's in my sticky little paws, I run into the question of whether or not I cash it.

I would never let it get to legal action. Much rather let it go.

Like I said, I would feel kind of badly about it. I've constantly said that I'm not in this for the money, so this is the first time I've come into a situation where I'm faced with putting a business transaction before a gut feeling.

Obviously I'll hold the date as you never know, simply a question of whether I take the money for sitting at home watching college ball all day.

The suggestion that resonated with me was taking it and letting her know that if and when it does happen, she can consider her wedding already paid for.

Thanks again!

[Jim Bryant]

Good for you sticking to the contract as well as her next wedding will be already paid for.

[scootermcq]

Steve:

I dunno man.... sucky situation. I am of the school that after the day has passed I would give her back most of her money, unless I had an inquiry for that day which I had passed on because of being booked. Beside the moral issue of taking money that you have not earned, from a business point of view it might not be bad to give it back either. While this kid may not slam you with her friends for sticking to a contract, imagine the word of mouth when you give the heart broken kid the money back. Now there is no other place to go except Bowman....
When she does does get engaged again, you will still get her business, but instead of it being prepaid, and long spent, you will get her at your new rates.....
Bottom line is it is up to you..... good luck, which ever way you go.