I am wedding photographer and want to cancel a contract, how should I go about legally go about doing it?

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I am wedding photographer and want to cancel a contract, how should I go about legally go about doing it?

Wedding Photographer – having issues with bride’s father. Bride signed contract and paid the retainer with her personal check. I would like to bow out of this contract as quickly as possible. What steps are necessary for me to take? Cancellation agreement? Refund retainer, minus expenses already incurred? I want to make sure that I have not legal liability.

Asked on November 12, 2010 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Does your contract have any sort of cancellation clause--i.e. does it give you the right to cancel or terminate it? If it does not, and if the bride is complying with her terms, then you *can't* cancel a contract; the contract binds you both. If the bride's father is making it impossible or unnecessarily expensive for you to do your job, then that might give you grounds to terminate the contract, since someone associated with the other party is interfering with the contract (an implied term in all contracts is good faith and fair dealing, which includes not sabotaging the other party's performance of the contract); but if he's "merely" incredibly annoying but is not stopping you from doing the job or raising your costs, etc., then you almost certainly are still bound and obligated under the contract.


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