SO frustrated...can my photographer do this???

Re: SO frustrated...can my photographer do this???

• cyrusgns member

  

  January 2012

  I am glad that this is resolved and I agree it was very bad customer service.  However, I thought I would add a note in case someone in the future gets into a similar situation.  There does not always have to be a signed writing in order to constitute a contract.  There just needs to be an offer of a service, acceptance of the offer, and a mutual understanding.  Basically you can be contractually bound without ever signing a contract. 
  

  This is fact specific and I do not know if the OP’s situation would constitute a contract because I do not know what the understanding concerning the deposit was.  Basically, a deposit could be considered acceptance of an offer or it might not be.  Just a heads up to be careful in what you accept and not rely on not having a paper contract if you are unsure that you want a service. 

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• aeliza06 member

  

  January 2012 edited January 2012

  In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/local-wedding-boards_texas-dallas-ft-worth_frustratedcan-photographer-this?plckFindPostKey=Cat:Local%20Wedding%20BoardsForum:102Discussion:01942bb2-5381-4485-a7d9-b203ac3c446ePost:e3ae11ef-227a-4439-b378-9ccb219540f4">Re: SO frustrated...can my photographer do this???</a>:
  [QUOTE]I am glad that this is resolved and I agree it was very bad customer service.  However, I thought I would add a note in case someone in the future gets into a similar situation.  There does not always have to be a signed writing in order to constitute a contract.  There just needs to be an offer of a service, acceptance of the offer, and a mutual understanding.   Basically you can be contractually bound without ever signing a contract.   This is fact specific and I do not know if the OP’s situation would constitute a contract because I do not know what the understanding concerning the deposit was.   Basically, a deposit could be considered acceptance of an offer or it might not be.   Just a heads up to be careful in what you accept and not rely on not having a paper contract if you are unsure that you want a service.  
  Posted by cyrusgns[/QUOTE]
  I have never heard of a "mutual understanding" agreement  withstanding litigation especially for contracted professional services. Usually terms and conditions of a contract cannot be shown as accepted unless there is a shown (read: signed) understanding of said terms and conditions (including understanding that a retainer for services - deposit- is a "mutual agreement" to provide/recieve services). The problem with being contractually bound without signing is that anyone can say anything (read: lie) about what was said/what was agreed to. 
  
  I think the best thing is that the issue was resolved and everyone was satisfied. It is ALWAYS best to get EVERYTHING in writing- something that would be stressed by anyone. I would never "mutually agree" to an unsigned contract and unsigned terms and conditions. 

  
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