(Closed) Right of Withdrawal clause on contract?

posted 6 years ago in Photos/Videos
Post # 3
1650 posts
Bumble bee
  • Wedding: September 2017

That rubs me the wrong way.  It could very well be that this type of clause itself is appropriate – I don’t really know – but just reading the way this particular one is phrased there seems to be too much wiggle room for the photographer for my taste.  WTF does “non-cooperation” mean?  It means something different to everyone.  And “missed appointments”?  I like how they don’t distinguish between different reasons for missing an appointment.  Suppose you have to cancel an appointment for a reason you think is pressing and valid, and your photographer, wanting to get out of the contract for whatever reason, argues that it’s not a valid excuse and cites “missed appointment” as a reason for withdrawing.

My photography contract didn’t have a provision like that in it.  Personally, I would be reluctant to sign something like that – or at least I would try to negotiate with them to make the wording as airtight as possible.

Post # 4
890 posts
Busy bee
  • Wedding: December 2012

I am a professional photographer here in Las Vegas and there is no where in my wedding contract  of this.  This is really wierd and does rub me the wrong way as well.   I agree with Melanie11 try to negotiate with them and hope for the best.  If not there are other photographers. 

Post # 5
2158 posts
Buzzing bee
  • Wedding: July 2012

There is nothing like this in our photography contract.  Have you talked with other photographers? Perhaps you could look to see a contract from a different photographer, and if it doesn’t contain the clause bring it to your photographer and ask them about it.

Post # 7
399 posts
Helper bee
  • Wedding: June 2012

Chose another photographer.

Post # 8
2158 posts
Buzzing bee
  • Wedding: July 2012

@gramgeek:  Are they a ‘possesive’ photographer? If you show them this other contract and suggest that you’d be much more comfortable with a contract without this clause, even if it’s a different photographer, might they be willing to change it to keep you as a client?

Post # 9
11167 posts
Sugar Beekeeper

I’m very uncomfortable with that wording as well, especially where they get to intiate the canceling of the contract AND keep the desposit as well be paid for any services rendered. That sounds like they get money for doing nothing, not okay in my opinion.

Post # 11
6544 posts
Bee Keeper
  • Wedding: September 2012

Really what they’re doing is protecting themselves from a client changing their wedding around and getting mad if they are no longer available. As in, a client saying “we’ve decided to move the ceremony up 4 hours” but the photographer is unavilable. That clause protects them from the client suing for breech of contract by the photographer not showing up to photograph.

There are a lot of things in my contract I’ve never had happen, but they’re in it just in case. You just never know! My contract says I’m not responsible for missing shots due to non-participation. Meaning, if aunt sally has a hissy fit and storms off, I’m not responsible for there being no pictures with her in it. KWIM? I’ve never had it happen, but every precaution has to be taken. 

I’ve had fellow photographers tell me about wedding’s getting cancelled and submitting an offical letter of cencellation releasing the photographer from duties, only to decide to have it after all and go to court over the photographer not being available anymore. 

As long as you aren’t making any changes to your wedding plans, I can’t see where they would be able to come up with any excuse to cancel on you and keep your money. Have you read reviews about them? Talked to other people or vendors who have used them? I mean, if you are really uncomfortable with it, find a different photographer. Make sure you tell them WHY you are choosing someone else. 

Like any industry, a few bad apples have ruined it for everyone. Now we all have to be so paranoid that our clients are going to find some way to sue us to get money back, and brides are worried their vendors are screwing them. 🙁

Post # 12
362 posts
Helper bee
  • Wedding: July 2012

I can understand the need for a withdrawal clause and even paying for services already rendered (ie. engagement photos, etc).  However, the keeping of the deposit if they withdraw from the contract is what I would be most concerned about.  We had to put down a 50% deposit on our photographer… and I would expect to get that back if she became unable to shoot our wedding (minus the cost of our engagement shoot and signing book).  Maybe try negotiating on the keeping of the deposit instead of the whole withdrawal clause.

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