Non refundable deposit contract

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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