My client booked me to photograph their wedding. The booking…

Question

Answer 1

Lawyer: D.A.M., Lawyer replied 13 years ago

Hello,

As there is no agreement and cancellation terms could not be incorporated. I would try to discuss some sort of deposit for the engagement session but you would need to return most of it in any event (at least a proportionate amount).

Unfortunately, the terms you would normally like (keeping a deposit until the date is rebooked, etc.) would naturally only be incorporated once you have a signed agreement. So it would be important - going forward - to have the agreements done up front (and make sure you have clauses dealing with just these situations. -- Generally the best way to handle it is to have fixed dates tied to % returns and a cut-off date for which there is no back-out and a minimum "liquidated damages" amount is provided for).

Regards,

Answer 2

Lawyer: D.A.M., Lawyer replied 13 years ago

Hello,

Yes, a verbal agreement is binding, however, as you indicated in your previous that you did not agree (verbally or otherwise) with respect to the cancellation terms, a court would look to reasonable terms under the circumstances (with deference given to the client). As such, it would be reasonable to retain that portion of the deposit reflecting the work done, however, it would be unreasonable to retain more for a wedding in August (a very busy wedding season in Ontario) if you cannot prove losses related to that cancellation (for example, if they canceled two weeks before the wedding, you could reasonably argue that you could not secure a gig in the interim and that you would have turned away other clients in the interim... however with so far out I don't see a court permitting you to keep any more).

Regards,

My client booked me to photograph their wedding. The booking…

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