Q: Is my client entitled to a refund after she cancelled her wedding a day before the actual day? I’m a videographer
I’m in Los Angeles and i got hired as a videographer for a small wedding. I require 50% non refundable deposit to be paid upfront and the remaining amount to be paid days before the actual wedding. My contract only states that the remaining amount is required days before the wedding but it never states whether it is refundable or not. My client canceled the wedding a day before, is she entitled to a refund?
A: How much of the job did you perform? Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
Here are some points to consider:
Review the Contract: As a videographer, you should carefully review the terms of your contract with your client. Look for any clauses or provisions related to cancellations, refunds, or non-refundable deposits. The contract will serve as the legal agreement between you and your client, and its terms will dictate the rights and obligations of both parties.
Non-Refundable Deposit: If your contract clearly states that the deposit is non-refundable, it means that the client is not entitled to a refund, even if they cancel the wedding. Non-refundable deposits are commonly used to secure services and compensate the service provider for their time, effort, and potential loss of other opportunities due to the booking.
Ambiguity in the Contract: If your contract does not specifically address the issue of refunds for cancellations, it may create ambiguity. In such cases, the interpretation of the contract will depend on various factors, including the intent of the parties and applicable laws in your jurisdiction. It's important to consult with an attorney who can review the contract and provide guidance on how local laws may impact the situation.
Good Faith Negotiation: While the contract terms are important, it may be worth considering the circumstances surrounding the cancellation. If your client canceled the wedding due to unforeseen circumstances or extenuating circumstances beyond their control, you may consider engaging in good faith negotiation to reach a mutually satisfactory resolution, such as a partial refund or credit for future services.
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