Am I obligated to refund a retainer regarding wedding photography with no contract?

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Am I obligated to refund a retainer regarding wedding photography with no contract?

A client pays a hold-the-date retainer for wedding photography services with intentions of ironing out contract details in the coming weeks. 5 weeks later they call asking for a refund, as they have delayed the wedding. I offer to move the date but no refund as I have missed out on the prime booking season.

Asked on August 2, 2011 Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most states, there are laws essentiallystating that there is no such thing as a non-refundable deposit in the absence of a written contract to the contrary.

Unfortunately, you have no written contract with the client for wedding photography services with respect to a stated deposit, price, and refund policies. The client was relying upon you as a business person to not only take photgraphs at the upcoming wedding, but also to be a professional business person with a written agreement detailing the terms for services. This did not occur.

You would be obligated to return the "hold the date retainer" to the client. From a business standpoint, the best and worst advertisement one can receive is by word of mouth. I would think that the client who promptly received the return of the full retainer would speak well of you in the future resulting in more business than less.

Good luck.


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