What to do if a bride/groom hired me to shoot their wedding over 6 months ago. 2 months before the wedding they want to cancel and want their payments thus far refunded?

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What to do if a bride/groom hired me to shoot their wedding over 6 months ago. 2 months before the wedding they want to cancel and want their payments thus far refunded?

The contract states that, “All monies paid are non-refundable and become liquidated damages should this contract be cancelled.” The client shall also be responsible for payment of any material charges incurred up to the time of cancellation.Is she entitled to receive her monies paid back?

Asked on January 30, 2014 under Business Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The bride/groom is not entitled to receive any refund based on the explicit language of the contract you quoted.  Liquidated damages are a fixed amount of damages when damages would be difficult to ascertain.  The bride/groom is also liable for the cost of materials up to the date of cancellation as stated in the contract.

You can sue the bride/groom for breach of contract and your damages would be the above amounts.


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