What to do if my wedding photographer is breaching her contract with me to photograph my wedding for free?

She says that for personal/family reasons she will be unable to and has a limit of liability clause in her contract. It says “in the unlikely event that the assigned photographer from the Company is unable to perform to guidelines of this contract due to injury, illness, act of God, act of terrorism, or other cause beyond the control of the company, the company will make every effort to secure a replacement.” She recommended good photographers but I feel she should find a replacement at the agreed upon price.

Asked on October 9, 2014 under Business Law, Texas


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

The agreed-upon price of zero?  There can be no contract to perform a service for free because there is no consideration.  For a contract to be enforceable, there has to be value to both parties.  So, for example, is there was a contract to photograph your wedding for $100, that $100 would be the consideration.  Or if she agreed to photograph your wedding in exchange for you agreeing to do her taxes, doing her taxes would be the consideration.  But a contract to do something for free is not enforceable.

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