Q: Is a "no refunds" clause in a contract absolute?
I signed a contract with a photographer for his services at my daughter's wedding and reception. The wedding and reception were cancelled. The contract has a no refunds clause and the photographer refuses to refund ANY of the amount I prepaid. He did do some work taking engagement pictures and I am not asking for a full refund.
Part of what I paid for was a custom album. He has not responded to my request for even an album with no pictures (it is an expensive album). He says I have a credit for his services in the future but I do not want to exercise that option.
A: Nothing in a contract or the performance thereof is absolute. However, most clauses like that are generally enforceable. Contract law can come down to the *exact* wording of the contract and its clauses. A misplaced comma can change the obligations of the parties, for example. That being said, what I would do is set up a free consultation with a business law attorney who can review the contract and inform you of your options.
Charles M. Baron agrees with this answer
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