What to do if a bride/groom hired me to shoot their wedding over 6 months ago. 2 months before the wedding they want to cancel and want their payments thus far refunded?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a bride/groom hired me to shoot their wedding over 6 months ago. 2 months before the wedding they want to cancel and want their payments thus far refunded?

The contract states that, “All monies paid are non-refundable and become liquidated damages should this contract be cancelled.” The client shall also be responsible for payment of any material charges incurred up to the time of cancellation.Is she entitled to receive her monies paid back?

Asked on January 30, 2014 under Business Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The bride/groom is not entitled to receive any refund based on the explicit language of the contract you quoted.  Liquidated damages are a fixed amount of damages when damages would be difficult to ascertain.  The bride/groom is also liable for the cost of materials up to the date of cancellation as stated in the contract.

You can sue the bride/groom for breach of contract and your damages would be the above amounts.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption