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Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
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For my work as a wedding photographer, i had a couple pay a

Resolved Question:

For my work as a wedding photographer, i had a couple pay a deposit of $500 and booked me for their wedding. In my contract it states if the wedding is cancelled more than 9 months out from the wedding date, i will return their deposit in full. The couple then brought forward their wedding date to the 1 feb 2014. This was done both verbally over a telephone conversation and she also sent the request in a text message asking if i had the 1st of Feb available for the wedding which i replied with a yes and i have booked it in, at the new date. As i had another wedding for that date i have had to hire another photographer to then shoot the existing wedding. 1 week after they changed the wedding and i had booked another photographer, they want to cancel and get the deposit back. As the new wedding date of the 1st of Feb 2014 falls within the 9 month cut off period, i don't need to refund their deposit. As they cancelled within that week of changing the date, i had not written up a new contract.

Can that verbal agreement and the text msgs to back the verbal agreement stand up in court if i choose to pursue this?
Submitted: 12 months ago.
Category: Australia Law
Expert:  Sean replied 12 months ago.

Hello and thank you for your question.

The answer to your question is: yes. Just because your new agreement on the wedding date was verbal and by text messages doesn't mean it's not enforceable. It is still an agreement and the text messages will be good evidence if it goes to court (make sure you save them).

The new agreement you made will be considered an amendment to the original agreement, the amendment being the date of the wedding. All other terms would remain the same so you could lawfully retain the deposit if you choose to.

Please let me know if you need any more information.

Regards,
Sean

Customer: replied 12 months ago.

No that is great thank you. I am normally a softy but considering i have signed a contract to pay another photographer $1000 to shoot the existing wedding to accommodate them i am going to retain the deposit.

Expert:  Sean replied 12 months ago.

Yes, I can understand that. And hopefully they will understand that too. All the best with it.

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
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