Wedding cancelled, question about contract

MrsCross2B

Due to family issues, we have canceled our upcoming November 2010 wedding and will be doing a civil ceremony in Jamaica instead.  When I tried to cancel with our photographer, she told me that she was entitled to keep $577 of the $1150 I have already paid her as she labeled my first payment (of $577) as a 'retainer' in our contract.  I've reviewed the contract and no where does it say that the 'retainer' is non-refundable.  I explained to her that I was willing to negotiate her keeping a percentage for her inconvenience but she told me that because she labeled it a 'retainer' and not a 'deposit' that automatically makes it non-refundable.  She said that this is standard in the photography industry.  All the other contracts I signed with vendors state clearly what is and is not refundable.  Her contract mentions nothing about refunds of any kind.  Does anyone know if this is something I can fight?  Or does simply calling something a 'retainer' automatically make it non-refundable, without having to state so within the contract?     

AmoroAgain

She sounds totally full of crap, and a snatch to boot. 

MyNameIsNot

Typically, deposits and retainers are non-refundable, but that's typically explained in the contract.  

If you know a contract lawyer in your state, you should run this by them, but I think she's right.

MeaghanandMichael

You need to go by the contract, but it seems you are getting screwed here.

Jay+Marissa

Anything in the contract about what happens if she books another wedding to replace yours? There is still plenty of time until November.

Mrs.B6302007

Not sure but I think I would seek some legal advice for clarification.
THat really sucks, OP.  I'm sorry.

MrsCross2B

The contract doesn't say anything about cancellation policies, it doesn't state that the 'retainer' is non-refundable, that she's entitled to keep it, or anything.  She stated all of this stuff that is supposedly 'standard photography contract' stuff via email after I said I needed to cancel.  She did say in the email that if she can get someone to book in my spot she would refund the 'retainer'.  If I had known before hand that the 'retainer' was non-refundable I wouldn't have agreed to make such large payments.  I booked her way back in August, 14 mos before the wedding.  I would have never given someone that much money with that much time to go if I had known that there would be no refund were something to happen.  I think I am going to have the contract reviewed to see if there's a chance I can recoup some of the retainer at least. 

riverjib

That's really weird! My wedding is over a year away, and I booked my photographer because my family has a great relationship with her. She was my sister's (and many of our close friends') photographer five years ago, and she's so popular now that I booked her as soon as we picked a date. She asks for a $200 non-refundable deposit, and takes engagement pictures at no sitting fee...and offered to travel wherever site we choose, within reason, obviously.

Not only does your photographer sound legally out of line, but that's just bad business! You might have to pay more in legal fees than you'll get back, which is awful! I'm really sorry! Aside from warning everyone you know not to book with this photographer, I'm not sure what you can do.

g8rbride2010

she can probably sue you for the total contract amount if she can't get someone else for that day!  get something in writing saying she releases you from it!