Is a break-up a valid reason to return a deposit?

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Question from Natalie: “Wedding Photographers: Is a break-up a valid reason to return a deposit? The wedding is a year away, but I’ve already had to turn down two others for this specific date. My contract clearly states that the deposit is non-refundable, but also says “*This deposit will be refunded only if the contract is breached by the photographer or if in the event of an unforeseen emergency, the circumstances are deemed reasonable by the photographer for a refund.” Need some opinions please…thanks!”

Nicole:  I would return maybe half…

Meaghan: It’s a year away … surely you can fill the spot?

Rik: hold onto it until you book the date again, then return it.

Jessica: I would say No. For one it states no Refunds, For two People break up and get back together all the time….they may get back together and still want to do the wedding. Now on the other hand if you Have other couples wanting you for the day then you could book the others and refund the ones who broke up. But I would stick with No because of the contract. Your call!

Fiona: Can you afford to return it? HOw about saying that you will try to rebook the date and if you manage to, you will refund the deposit. The clue is in the title; it’s a deposit. Non refundable. And why have you got that in your contract?!

Adele: I wouldnt return any of it, had a date for July 2013, they booked, paid their non refundable booking fee. they didnt argue, they didnt even ask. I’ve since re-booked the date and I wont be refunding the origional couple’s money either.

Johnny: Did they ask for the deposit back?

Fiona: Be very sympathetic though – pretty traumatic situation and must be very galling to have spent all that money on top of the break up.

Debra:  Considering you’ve turned away two other jobs, I would only refund if someone else books that date within the next few months. I doubt the other vendors have refunded deposits.

Christy: Check with an attorney first. If your contract says “deposit”, the law says that amount is legally refundable if they cancelled the product they were purchasing. If it is stated as a “retainer” it is not refundable, as it was a fee they paid to reserve that date.

Tara: no i would reutrn nothing…a break up is definitly not a valid reason…its different if the groom or bride( heaven forbid) passed away or something of that nature…but a breakup does not warrant a refund…the venue will not refund them for their deposit so as a photographer, you should not as well…

Katie: Wouldn’t return it. I had a couple book me last-minute for a wedding in July that was canceled. They’ve decided to reschedule the wedding for December, but they’re having to put down an additional deposit. My contract says something similar. Not my problem if you’ve broken up!

Adele:  Its not your fault they’ve broken up, and your running a business, even Wedding insurance doesnt cover a break up. You can guarentee they’re not getting refunds from anywhere else!

Kimberly:  If the date can’t be refilled, then no refund. If it can be refilled then its a good gesture.

Christy:  You could mention that it is non-refundable, but offer to apply that amount to a future date if they patch things up, or toward a portrait session within xxx amount of time

Lewis:  I do Divorce Photography… I never have that problem!

Elisha:  ^^Giggle at Lewis Wade..even though it’s kinda wrong haha!

Krystle:  thats like asking for a deposit back on a food catorer theyve already purchased the food they dont give the deposit back i wouldnt if it states in ur contract its not ur fault they broke up so u shouldnt have to pay for it to its a price u pay when paying deposits on weddings its their loss in my eyes

Dena: If it says in your contract that the deposit is non-refundable, then you should stick by your policy.

Sharon:  Do what helps you sleep at night. There are people that would refund it no matter what because they are kind .. and there are those people that don’t give a crap about other people’s problems because business is business. Do what feels right to you… contract or not.

Cindy: I think this was mentioned, but what if you tell them if you can book the date then you will refund. It’s unfortunately that they broke up, but I’m sure the other places (catering halls, etc) won’t refund their deposit. Sad situation for them, but it is your business. I also giggle at Lewis Wade, hmmm is that a new type of photography business? Divorce Photography! LOL

Kelly: If you’re able to book that date, then be kind & return the deposit. If you’re not able to book anything, then I would not return the deposit. Honestly, you’re not losing anything IF you book something else that day so why would you keep the money?

Andrea: Maybe you could return a percentage but I was thinkin about the same thing since I’m getting into weddings…
It isn’t your fault, you shouldn’t have to suffer for it. I think if you fill that date sure give them 100% back but if you can’t then you could keep it. You have to feed yourself and family too.

Ashley: In my contract I state the retainer is non-refundable, and if a cancellation of the wedding is not given in writing at least 60 days prior to the date any money paid is non-refundable. However I had a couple cancel this year with only 2 weeks before their wedding. I was unable to return the retainer (because that goes toward rental gear) but out of kindness I returned the remainder of the package with a sweet sympathy note. I couldn’t imagine having to cancel my wedding last minute, and as a photographer I am personally invested in all my clients. I don’t want them to think of me as some faceless business, and I won’t act like that. I really do have sympathy for them and want to remain friends.

MKPhotography:  Instances like this are unfortunate for everyone involved. I collect a “Booking Retainer” upon request to photograph a wedding and a “Deposit” 1 month before the date that is less the remaining Balance. My “Booking Retainer” is refundable ONLY should I have to cancel or Emergency (such as severe illness or {God forbid} a death) -The deposit however, I do allow a refund ONLY with a valid reason.

Stephanie:  Tell your bride or groom (whoever paid) that you can apply it toward a future wedding if they want. But it is non-refundable.

Karen: @ Ashley Cox I would hire you as my photographer in a heart beat because of your kindness! Great outlook!

 

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