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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Business Law
Satisfied Customers: 3896
Experience:  Atty since 1986. Real estate, tax, and other business law questions
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I had taken a deposit from a client who wanted me to photograph

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I had taken a deposit from a client who wanted me to photograph their wedding. They backed out and want their $1300 deposit back. I do not have a signed contract. My literature states that the deposit is non refundable unless I can re-book the date. Do they get their deposit back?

Thank you for contacting Just Answer.

 

 

Answer: Most likely, if they sue you in Small Claims Court, you'll win. However, life is never that certain. You may want to offer them 25% back if they sign a settlement agreement, and then negotiate it down to 50%.

 

If you're only out the cost of this question (a business deduction) and say, two hours of time, settling for 50% gets you the equivalent of $325/hr for no work. Think of it that way.

 

The other thing is - if you can work out a "win win" the couple is more likely to say nice things about you then if they have to sue you - the bad "word of mouth" could hurt your business.

 

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All my best,

 

Jane Doe Deer

 

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