Stick by this and dont act as if the contract is cancelled until you receive this notice.
Just because you may have a legal right to keep the retainer, doesnt always make it right (consider situations of a wedding where the bride/groom dies, or other extenuating circumstances we never want our clients to face).My advice is to eat some crow before this gets TOO nasty, go to him and apologize but explain you weren't thinking rationally and then ask him how he would feel about a compromise.Deposits are more of a grey issue, refund of a deposit is controlled by the photographers choice of contractual language.Communication is the key to any good business relationship and the photographer in this case dropped the ball.If you delay the refund, you will still have the ability to manually refund should you no longer require the extra time.He was trying to be nice and help.A non-refundable fee may end up being quite refundable.For instance, New York considers a non-refundable/damages clause (for cancellation) for the entire value of the contract a penalty, and where there is any doubt at all about whether the deposit/damages amount exceeds actual damages incurred, considers it a penalty. .If you are refunding a payment made via eCheck, you must wait 10 business days from the date of payment before issuing the refund.(which is what is should be and that also makes it un-refundable).I have Googled CA laws/codes pertaining to holding deposits.Select the desired reservation.The photographer responded, My understanding was that you no longer want me to provide your wedding services, as that is exactly what it sounded like in the last email.Keep in mind, you can offer to waive the non-refundability of a retainer for customer service reasons.
Dont let an emotional reaction to a problem preclude future communication with the client.
This should clearly put the client on notice that the payment is non-refundable, while giving the client the reason behind its non-refundability.
State that the monies being accepted for this are in consideration of your photography studio forgoing the further booking of any other clients for that date and time.
Well, that is a very simplistic form of a retainer.
This is something to think casino der bundeswehr strausberg about.The photographer jumped the gun.Remember, clarity is the key when employing any contractual provision, but even more so when referencing non-refundable payments.The court rationalized that it would be an injustice to award the photographer with the non-refundable deposit, because it would constitute a wind fall for the breaching party, which is contrary to the interests of justice.So, the jurisdiction in which a contract is executed may play a crucial role in whether the non-refundable deposit/cancellation penalty is enforced.For instance, if a client books you then decides to reschedule, is the non-refundable fee enough to cover your business costs if you cannot fill that time slot with another client?The retainer functions to prevent the photographer from booking so many clients, that the client load would preclude you from taking the clients pictures within the designated timeframe.Example : Ross really likes the photography work of Owen and Ross needs professional headshots done for his resume.Final Recommendation, your typical consumer will have a very basic understanding of what a retainer.In CA BTW - application fees are capped I think this year at 45?Whatever you do, DO NOT let emotions rule your decisions.This is also why it is so important gratis entree holland casino 2017 to not self-draft your contract (unless youre an attorney) or use a contract for which you dont know the credentials of the drafter.Case, a wedding photographer and a couple entered into an agreement to shoot a wedding for 1,600 including a 500 non-refundable retainer (and 370 for some additional work).It is important to look at the contractual language that entitles one to keep the monies (i.e.
What we do is when someone turns in an application we require a "holding deposit" equal to the first months rent.
Subject to the proviso below, if Closing does not occur on or before the Cancelling Date, for any reason Seller shall retain the Deposit and Seller shall have no obligation whatsoever to sell the Assets to Buyer and may sell, retain or dispose of the.
Further, if the client sues to get the retainer back, the first thing the judge will ask is, Where is the provision in the contract that states the payment is non-refundable?