Legally, do I owe these people any refund if I’m a wedding photographer and missed just 1 shot?

I am a wedding videographer with a client wanting a refund because I missed 1 shot groom’s face during bride’s walk down isle. They signed a contract that stated,

Asked on April 7, 2016 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

This is not a sufficiently "material" or important breach as to justify treating the contract as terminated and requiring a full refund, and if they were to try to sue, it is very unlikely any court would order a full refund. Because it was a minor breach, it is reasonable that they receive the appropriate pro rata refund for missing this shot--i.e. they should get something back, and probably would get something if they sue, but that amount will relate to the proportion of shots taken vs. shots missed.


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