Can I recieve a full refund when my wedding photographer could not complete our photos when our wedding was cancelled due to a hurricane?

UPDATED: Sep 30, 2022

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Can I recieve a full refund when my wedding photographer could not complete our photos when our wedding was cancelled due to a hurricane?

I paid a photographer 800 to
photograph our wedding that was
cancelled due to hurricane matthew.
They are refusing refund when the venue
was evacuated due to the governor. They
are stating I am in breach of contract
and not owed anything. It was 400
booking fee and 400 wedding fee. The
booking fee was non refundable in the
contract but I believe force majeure
would allow me a full refund. All other
vendors and venues have provided full

Asked on October 22, 2016 under Business Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the contract said that the book fee was non-refundable, the booking fee is nonrefundable. While typically, you would get a full refund under the circumstances you describe, people are allowed to contract away their rights to refunds, or other compensation or reimbursement: such contractual agreements to give up rights or recourse are enforceable. Based on what you write, that is what you have apparently done.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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