(Closed) Am I in the Wrong? (might be long)

posted 10 years ago in Legal
Post # 3
Member
754 posts
Busy bee
  • Wedding: May 2008

I think regardless of his honesty, you initiated the breach of contract-you were the one who made the first change, the change of date.  I think that store credit is generous, but if you don’t want the services they are offering, you have lost your deposit.  You should ask a lawyer in your state, though.  Plenty of notice or not, I don’t think it matters.  Just be careful and don’t mention the vendor by name until you get this resolved and start documenting conversations you have with him.  Dates, times and content of all conversations.

Post # 5
Member
202 posts
Helper bee

i just heard of a friend going through a similar case, though not with photographers. so it depends on whether the first breach of contract was made properly (according to the contract–for example, if it says both parties must agree to the changes in writing, etc).  and then any follow up required (for example, if a change is made, then 1, 2, and 3 must occur). so in his case, neither party won, b/c the judge said though the vendor broke the contract first, the client did not follow up properly so neither side won. in fact, both sides lost in terms of having to pay legal fees, etc. the client also did not receive his deposit back. =/  

 

so it all depends on that binding contract. glad you have the e-mail saying it was ok to change!  hopefully, it will work out for you!! good luck!!

 

oh does it say anywhere about a possible change in photographers if needed (sickness, etc)?  mine has such a disclaimer. if it does say that somewhere, you may have to keep that vendor or lose your deposit. =/ if you changed the contract properly, and it was he who broke it incorrectly, you might have a chance! hope for the best!!! 

Post # 6
Member
329 posts
Helper bee
  • V
  • 10 years ago

new date, new contract.

Check with a lawyer it also depends on what’s written on your contract but i would think that the first breach is yours…they were nice when they allowed you to keep the service for the same deposit instead of saying…too bad…if you want us…pay again!

 JMHO

Post # 7
Member
286 posts
Helper bee
  • Wedding: October 2007

I think you made the first breach of contract by changing the date.  I think they were being nice to allow that change of date without losing the deposit.  They could have said that you lose the deposit and if you want to hire them, new contract (and new deposit).  When date changes occur, a lot of other "moving" pieces does not become a guarantee.  If the photographer had quit, it might have been contingent upon him legally fulfilling all his contractual obligations (I had the same situation with my MC where I wanted a specific one and he ended up quitting for a music career but had to fulfill any remaining contracts or face legal action from his former employer). 

Post # 8
Member
235 posts
Helper bee
  • Wedding: December 1969

You did not breach the contract, you made a modification and they accepted it.  They are now the ones in breach. 

Agreed, check with a lawyer, but when you offered the modification and they accepted it, you formed a new contract and the old contract was void.  Therefore they are now in breach.   They did not have to accept the modification, but they did.  

Post # 9
Member
438 posts
Helper bee
  • Wedding: April 2008

like everyone else said, technically you broke the contract.  The contract is there for the terms that were signed upon.  You wanted to change the date, which means the original contract was broken.  Just because they accepted doesn’t mean really anything.  Legally I believe a new contract would be written up.  HOwever, legally, they can still get whatever you may owe to them along the lines of the original contract.  Keep in mind contracts are to protect both parties.  Honestly, you are extremely lucky all your vendors agreed to just change the dates – most wouldn’t.  The only thing I find strange is that the studio originally said you had to pay more to have that photographer, then when you argued with them, they told you he had quit.  Saturdays are usually a lot more pricier too, than any other day for a wedding.  I am not surprised that this would increase the price.  When a new contract is made, everything in the original is typically null and void – if you decide to void that old contract they have every right to take you to court for anything lost – they probably just figured it was enough time to fill the old date and you still wanted to use them so no big deal.  I am also not sure what you mean by the freelance photographers style; isnt’ someone who freelances just someone who doesn’t work for one specific company, they just do work-for-hire?

Post # 10
Member
217 posts
Helper bee
  • Wedding: August 2008

Your new wedding date is 12 months away – if they are good photographers, that is plenty of time to find someone else for your wedding date.  Maybe you can be released from your contract if someone else books your wedding date (which is probably very popular if it is a Saturday in June).  I do not think you are being unreasonable.  I would expect my deposit back.  Sorry for your frustration.  The problem with the wedding industry is that it is full of people who work for themselves.  Being a talented baker, photographer, seamstress does NOT make you also a good business person, sales person, customer service person, accountant…. These photographers and videographers, etc. need to hire business people to take care of the business side of running a BUSINESS because it usually is lousy for someone at some point.  It can make them really frustrating to deal with.  Good luck.

Post # 11
Member
471 posts
Helper bee
  • Wedding: September 2008

pancy,

You initiated the breach of contract first. However, having not signed a new agreement for a new date put both of you at risk. 

Post # 13
Member
5399 posts
Bee Keeper
  • Wedding: November 1999

I would definitely check with a lawyer or if it’s that important to you, you can always take them to small claims court to let a judge decide.  You did initiate the breach of contract, but they didn’t make you a new one so the lines seem a little gray.

Post # 14
Member
508 posts
Busy bee
  • Wedding: December 1969

check with the lawyer for sure – at this point, it does not seem like you’ll get the resolution you want without outside help.  it’s great that most vendors are being so flexible – most contracts allow them to keep the deposit outright if things change.  from what you’ve indicated, the date change wasn’t part of a countersigned contract, so it it’s essentially your word against theirs with the old photographer as scapegoat.

if that doesn’t work, if you don’t have e-pics, you could always use the store credit for a session.  that would give you an opportunity to check out another photographer at the studio/not lose your deposit completely.  if you already have e-pics, how about first anniversary pics?

 

Post # 16
Member
372 posts
Helper bee
  • Wedding: July 2010

Do you have the ok on the change of date in writing?  If not, I think you are out of luck.  Sorry!  Maybe you can use the money for albums or a family shoot a year later?

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