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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I purchased air time a week ago to do a radio show but have

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I purchased air time a week ago to do a radio show but have a current emergency and will have to cancel programming. i have made an initial deposit and would like to cancel contract and get refunded. Is it possible?

Thank you for your question. Please permit me to assist you with your concerns.

That very much depends. Is there a written contract in place? If so, does have an early termination clause or any language allowing for an early release? If so, then yes, you can use that clause or condition to opt out from the terms. There may be an early termination penalty or a liquidated damage provision which would be sent to the other party based on you backing out from the terms. But if there is no such clause or no conditions allowing you to cancel based on this emergency, then you are bound by the terms. What governs here is purely the actual language in the contract as there are no specific statutes that govern contracts pertaining to airtime.

Good luck.

Customer: replied 3 years ago.

there is a one page contract with start date 6/15/13 to 12/14/13. there is a *notice: which reads. failure to make payment for program time as agreed may result in immediate cancellation of this agreement.

there was talk of early cancellation around november if unable to meet obligation which i asked to hace in written contract but was omitted and i did not get back to them about it.

i difinitely will not be able to use the time purchased! am i screwed/ is there a legal way out of this situation?

Thank you for your follow-up. Please permit me to clarify further.

I am genuinely sorry to hear that. What governs is called the 'four corners' of the agreement, meaning that whatever is listed within the terms are what is binding. If nothing is listed then the parties can either honor the terms as is or agree to jointly modify. In other words the legal solution here would be to either send them a request to reschedule the time or otherwise modify the agreement so you could use the time later, or risk walking away without paying and hoping that they will not end up suing you for breach of contract. Ultimately if no cancellation clause exists then the contract is irrevocable provided it has no other defects to formation (the contract is not illegal, for example). But beyond that I am afraid that you would be bound by the terms. Practically speaking offering them the ability to 'time-shift' or reschedule your slots may be the best compromise as they can hold you responsible for the full amount otherwise.

Good luck.

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