Bride wants to Cancel

[sk66]

Originally Posted by candleman

If your contract was written by you, it's probably not legally binding anyway, and her lawyer (should she go that route) will tear you up over it.

How's that? In the U.S. almost anything signed (e.g. hand written note) is a legal contract.

While the text would come up and would be an issue. To legally modify a signed contract requires both parties to sign off on the change (in writing).

Personally, I agree with Wolf, consider the reasons/marketing.
If the deposit is small enough you could keep it with little concern as just a consult with a decent lawyer will cost around $100, most won't go that route for small numbers.

I definitely wouldn't consider trying to force her into letting you do the event in the case they just decided to have "a friend" do it instead (but I'd keep her money). In that case you could say the text was written before you knew the situation and under the assumption the wedding was being cancelled should it go to small claims court (no lawyer required, but a PITA)

[candleman]

Originally Posted by sk66

How's that? In the U.S. almost anything signed (e.g. hand written note) is a legal contract.

It may be "Contract" in a loose sence, but if theres a gap left unfilled a good lawyer will find the hole you left open and pound you through it.

Bingo, now you pay court costs for yourself AND the bride, and give a full refund because someone was a little over confident in their contract writing.
There may be laws or contitions that the writer did not understand, and thus created an agreement which contravines local law..... meaing you're screwed if they take it to court. (Hey, that's just what I learned in my short contract law class.. i'm no expert)

IN NZ even walking up to a counter holding an ornament and asking for a special pice is be considered a verbal contract.. is it easily enforcable?

I'm not saying the OP's contract won't stand up in a small claims type scenario.. i'm just saying don't be over confident in a scibble on a page. I'd just refund and wak away with a few less grey hairs and a lesson under my belt.

besides, ?she? shot herself with the text messages anyway.

[sk66]

Originally Posted by candleman

It may be "Contract" in a loose sence, but if theres a gap left unfilled a good lawyer will find the hole you left open and pound you through it.

Bingo, now you pay court costs for yourself AND the bride, and give a full refund because someone was a little over confident in their contract writing.
There may be laws or contitions that the writer did not understand, and thus created an agreement which contravines local law..... meaing you're screwed if they take it to court. (Hey, that's just what I learned in my short contract law class.. i'm no expert)

IN NZ even walking up to a counter holding an ornament and asking for a special pice is be considered a verbal contract.. is it easily enforcable?

I'm not saying the OP's contract won't stand up in a small claims type scenario.. i'm just saying don't be over confident in a scibble on a page. I'd just refund and wak away with a few less grey hairs and a lesson under my belt.

besides, ?she? shot herself with the text messages anyway.

Ah, agreed.
A poorly written contract is worthless (or worse).
However, getting hammered involves costs; large costs for a good lawyer. And to have to pay their costs would require demonstrable negligence/hostility. They would certainly ask for them (and probably "trebble damages"). Don't ask how I know....

[candleman]

:S That does sound painful.

[nickbedford]

You sorta shot yourself in the foot by saying you'd give a full refund.

/facepalm

[StillFocus]

I'd think any reasonable person would take "full refund" to mean "give back all the refundable money". If you told them the deposit was non-refundable, then obviously it wouldn't be included in a refund.

I do agree that you should consider the circumstances... but if it were me I'd probably keep the deposit either way.