Non refundable deposit contract

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Non refundable deposit contract

I contracted a guy to provide photography and
videography for July 22, 2017. I’m no longer getting
married so I canceled his services on July 5, 2016
and requested my deposit back. He said no because
I signed a contract stating that my deposit was non
refundable. The amount in question is 700 and
that’s a lot of money to keep for doing nothing. He
hasn’t performed any services contracted in the
agreement. He doesn’t have any damages. He was
given a year and stew weeks notice to rebook the
date. What are my options?

Asked on August 5, 2016 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter if he did not do do any work, or if he has not suffered any losses; all that matters is whether you did sign a contract stating that the deposit was non-refundable. If you did, then you are held to what you agreed to; that is, you would have contractually agreed that your deposit is not refundable and the courts will enforce that contract (i.e. if you were to sue him and there is a contract stating the deposit is nonrefundable, you will lose). It doesn't even matter if you did not in fact read or take notice of the contractual term about the deposit being nonrefundable, if the term was in the contract: the law presumes that you  read anything in a contract you signed and holds you to it.


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