Ever had to cancel your own contract?

bridgesphotobridgesphoto Registered Users Posts: 21 Big grins
edited October 30, 2008 in Mind Your Own Business
Has anyone booked a client for a wedding, only to find out after the engagement session that they don't like your style? They think they want a photojournalist, but then when they see what real photojournalism is like, it's not what they thought.

Can I just refund their deposit and cancel the contract? Has anyone done this? (The wedding is over a year away.) I know it's not going to work out to do their wedding because they want to micromanage our work to be something that it's not! Help?
http://www.beyondthewell.com/weddings

Comments

  • jdryan3jdryan3 Registered Users Posts: 1,353 Major grins
    edited October 29, 2008
    bridgesphoto wrote:
    Can I just refund their deposit and cancel the contract?

    Do you have a clause in your contract allowing this, and under what cicumstances? If not I suggest you talk to an attorney in your state (contract law varies state to state) who can tell you your options and at the same time draw up a proper contract that gives you this flexibility.

    Once you know your legal options, you will know the best way to proceed. But not withstanding your ability get out or not, providing good customer service should be your goal: If you think the relationship is already strained, I bet they do too! Maybe they think they are stuck with YOU :cry

    Be honest, forthright, and give them a list of other possible photographers you think would more fit their style and expectations. Who knows, they could end giving your name to someone else with a glowing recommendation. ne_nau.gif
    "Don't ask me what I think of you, I might not give the answer that you want me to. Oh well."
    -Fleetwood Mac
  • bridgesphotobridgesphoto Registered Users Posts: 21 Big grins
    edited October 30, 2008
    Our contract does provide a limitation on liability if we fail to perform for any reason (not just a reason beyond our control) so we are going to gently break away and refund their deposit. The relationship isn't strained so I hope it will go well.

    It's such a tough situation because I wish we would have known before they signed, but they had seen entire weddings of ours and said "yes! this is what we want!" but when it came down to it, they didn't really like the final product (which was exactly the same style as all of other work-- we're not inconsistent). They want to do another session, but it's not going to change anything unless we become different photographers. There's just a fundamental difference in their vision and our style, and we don't want to sacrifice our artistic vision-- then we just become a body behind a lens. There's no trust. That's not why you hire a wedding photojournalist...

    Thanks for responding!
    http://www.beyondthewell.com/weddings
  • chuckinsocalchuckinsocal Registered Users Posts: 932 Major grins
    edited October 30, 2008
    I would return their deposit and graciously bow out. With the wedding a year away there is more than enough time to find another photographer so they are not really damaged in any way. Plus they've already stated that they have changed their mind regarding your style so I seriously doubt theyr'e going to pursue any legal remedies. Effectively, since they've changed their minds regarding your style they are the ones canceling the contract because you can't or won't perform according to their new requirements.

    Note that I am not a legal expert and these are just my personal thoughts.
    Chuck Cannova
    www.socalimages.com
    Artistically & Creatively Challenged
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