Contract for breaking contract?

heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
edited March 21, 2011 in Weddings
I just had one of my signed couples break up. The retainer part is not an issue.... I just don't want to be caught later without something signed stating that I have done what I am supposed to.

Does anyone have any wording for something like that?
:lust
Heather
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Comments

  • Moogle PepperMoogle Pepper Registered Users Posts: 2,950 Major grins
    edited March 17, 2011
    heatherfeather wrote: »
    I just had one of my signed couples break up. The retainer part is not an issue.... I just don't want to be caught later without something signed stating that I have done what I am supposed to.

    Does anyone have any wording for something like that?
    iloveyou.gif

    What a coincidence. One of mine did too! :cry:cry:cry I am pretty sure, I hope, that the wording in the contract covers my ground.
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  • heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
    edited March 17, 2011
    Yeah, I am pretty sure that I am totally fine legally, but I wouldn't mind having one more piece of paper saying that all my "i"s are dotted and "t"s crossed...
    Heather
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  • marikrismarikris Registered Users Posts: 930 Major grins
    edited March 17, 2011
    Wouldn't your cancellation policy cover this? If they break up, they are cancelling the wedding.

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  • heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
    edited March 17, 2011
    Yes they are, and it does... but I was thinking something along the lines of more from them other than an email saying, "Oh we broke up" and "Feel free to reschedule the day". Maybe it is just me being paranoid, but it doesn't seem like enough to prove that I don't owe them anything.
    Heather
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  • tenoverthenosetenoverthenose Registered Users Posts: 815 Major grins
    edited March 17, 2011
    Just add an addendum to the contract rendering the requested services detailed in the contract cancelled and that no additional payments will be required. Have them sign it, and cancel the job.
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  • IcebearIcebear Registered Users Posts: 4,015 Major grins
    edited March 17, 2011
    Good luck getting anyone to sign that! I'd let it go unless someone raises the issue. The facts (and your contract) should speak for themselves. You don't have to prove anything unless asked to. AND you don't want to get a rep for being a legalistic s**t.
    John :
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    D3s, D500, D5300, and way more glass than the wife knows about.
  • Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited March 17, 2011
    Print the email and attach it to the contract and then also put the email into an archive folder on your computer.
    I think Ai might be a little devious....here but I would ask the bride to come in and sign a cancellation notice so that it would appease the clients that have already asked "are you sure any one could send and email, maybe it is a gag from a friend???" ....that way it should not be an embarrassment of any sort on her part or you could offer to bring the cancellation notice to her to sign.
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

  • tenoverthenosetenoverthenose Registered Users Posts: 815 Major grins
    edited March 17, 2011
    Icebear wrote: »
    Good luck getting anyone to sign that! I'd let it go unless someone raises the issue. The facts (and your contract) should speak for themselves. You don't have to prove anything unless asked to. AND you don't want to get a rep for being a legalistic s**t.

    Sure, you don't want to approach this without tact, but just because it's a sticky situation doesn't mean that you shouldn't do your job. If you present it to them in a good light and include the part that it is to protect them (ie, not incurring future bills) they will happily sign it.

    A few years ago I had a wedding booked for a couple that canceled their wedding because of personal issues. They wrote me an email a detailing the issue and stated that the wedding was off. I Thankfully I was able to book another wedding on that day instead of loosing a prime date. Of course, when the unexpected happened and the original couple worked their stuff out and tried to put the wedding back on (the contract was never cancelled) I was in an ugly situation. Now I had two signed contracts for the same date...
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  • Dan7312Dan7312 Registered Users Posts: 1,330 Major grins
    edited March 17, 2011
    Do you collect full payment a week or two before the wedding?

    Does your contract distinguish between someone who tells you way in advance "We broke up" and them telling you on the payment date that they broke up?

    If not then the wedding date is probably theirs until the payment date in which case you might ask them to sign something that lets you reuse the date. Otherwise what happens if they get back together before the payment date?

    As IceBear says, it's not likely they would sign an additional contract that didn't buy them anything beyond what the original one did. Maybe offer them part of the retainer back if they sign.


    heatherfeather wrote: »
    I just had one of my signed couples break up. The retainer part is not an issue.... I just don't want to be caught later without something signed stating that I have done what I am supposed to.

    Does anyone have any wording for something like that?
    iloveyou.gif
    Dan

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  • heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
    edited March 17, 2011
    tenoverthenose wrote: »
    Sure, you don't want to approach this without tact, but just because it's a sticky situation doesn't mean that you shouldn't do your job. If you present it to them in a good light and include the part that it is to protect them (ie, not incurring future bills) they will happily sign it.

    A few years ago I had a wedding booked for a couple that canceled their wedding because of personal issues. They wrote me an email a detailing the issue and stated that the wedding was off. I Thankfully I was able to book another wedding on that day instead of loosing a prime date. Of course, when the unexpected happened and the original couple worked their stuff out and tried to put the wedding back on (the contract was never cancelled) I was in an ugly situation. Now I had two signed contracts for the same date...

    Ok, so this is exactly what I needed to hear. Thanks for chiming in. iloveyou.gif
    I'll see what I can work up, but I'd still love any examples that people have used in the past.
    Heather
    my website
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  • Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited March 17, 2011
    there should always be a Cancellation Notice or Notice of Cancellation written directly into the contract with a place for signing and dating this could be mail back to you or faxed to you or even photographed and send as a jpg back to you...but one really needs a NoC in their contracts......

    Mine has been pretty simple....stating that: If this contract needs to be canceled for any reason prior to (date placed here is 9 - 6 mo advance of wedding date) full refund of all monies paid except for $ (administrative fee mine is $100). If canceled with less than 6 months notice no refund of retainer fee but all other monies paid toward wedding will be refunded.
    If cancellation is due to death of Bride or Groom then all monies including full retainer are refunded.
    Brides Signature (or legal representative of Bride) ____________________________________________
    Date of Cancellation ____________________________________

    That pretty much covers it.
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

  • heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
    edited March 17, 2011
    Dan7312 wrote: »
    Do you collect full payment a week or two before the wedding?

    Does your contract distinguish between someone who tells you way in advance "We broke up" and them telling you on the payment date that they broke up?

    If not then the wedding date is probably theirs until the payment date in which case you might ask them to sign something that lets you reuse the date. Otherwise what happens if they get back together before the payment date?

    As IceBear says, it's not likely they would sign an additional contract that didn't buy them anything beyond what the original one did. Maybe offer them part of the retainer back if they sign.

    I don't think I am going to try to rebook the day, that week I am already hammered... I was actually relieved to get the news.
    I don't know why "when" they cancelled would make a difference. A cancellation is a cancellation, and the result is very clear in my contract. Non-payment results in a cancellation. Cancellation results in Cancellation. The client didn't question the contract one bit because I am very thorough when I meet with them.
    Heather
    my website
    facebook
  • heatherfeatherheatherfeather Registered Users Posts: 2,738 Major grins
    edited March 17, 2011
    Art Scott wrote: »
    there should always be a Cancellation Notice or Notice of Cancellation written directly into the contract with a place for signing and dating this could be mail back to you or faxed to you or even photographed and send as a jpg back to you...but one really needs a NoC in their contracts......


    Ok, lets see yours! deal.gifwink:D
    Heather
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  • Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited March 17, 2011
    Went back and put it in as an edit :D:Dmwink.gifwink before i saw your post asking for it.
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

  • IcebearIcebear Registered Users Posts: 4,015 Major grins
    edited March 17, 2011
    Do not forget the basics of contracts. It's not a contract until consideration changes hands. What consideration would there be for this new thing you want them to sign. I just think it's a bit of rubbing their noses in the failure of their plans to marry. ne_nau.gif
    John :
    Natural selection is responsible for every living thing that exists.
    D3s, D500, D5300, and way more glass than the wife knows about.
  • sara505sara505 Registered Users Posts: 1,684 Major grins
    edited March 20, 2011
    Ha - most of mine have the courtesy to wait until after the wedding to break up. :-|
    Sara

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  • ShepsMomShepsMom Registered Users Posts: 4,319 Major grins
    edited March 21, 2011
    Heather, while i have never had any break-ups and only one couple postpone their wedding last year, (to this date i have no clue when it will happen if ever), i would require, and it's stated in my contract, that any changes/modifications/cancellations must be submitted in writing. So i will expect my couple to write a formal notice of cancellation. No payments (retainers) are refunded.
    Marina
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