Legal Case Study 2: Ricky & Ashley Photography and the Cancellation Policy

Background

Ricky & Ashley Photography, a husband-and-wife photography team, encountered legal challenges when a couple canceled their wedding just a few weeks before the event. The couple had signed a contract that included a non-refundable retainer, but they argued that due to unforeseen circumstances, they should be entitled to a refund.

Legal Issue

The couple filed a complaint against the photographers, claiming that the contract terms were unfair and that they were entitled to their deposit back. This situation raised questions about the enforceability of contract terms and consumer protection laws regarding cancellation policies.

Resolution

Ricky & Ashley sought legal advice and defended their right to retain the deposit, citing the terms of the signed contract. They explained that the retainer was meant to secure their services for that specific date and that their business model relied on non-refundable retainers to manage their bookings effectively. Ultimately, they resolved the issue through mediation, with the couple agreeing to forfeit the retainer in exchange for a discounted photography package for a future event.

Rangefinder Online. (2021). Photographers' contracts and cancellation policies: What you need to know. Available at: https://www.rangefinderonline.com/news-features/news/photographers-contracts-cancellation-policies-what-you-need-to-know/ (Accessed: 10 October 2024).