Originally posted by Wheatfield It's why, if you are going to pursue wedding photography, you need to both have a solid contract that ensures payment up front, and be hard nosed enough to stick to it.
this is true, you set up your standard terms to protect yourself
Quote: Small contracts of a few thousand dollars are barely worth the paper they are printed on when it comes time to enforce them with a recalcitrant client simply because it will be both more trouble than it is worth, and because there is really no way to enforce the thing anyway.
here I disagree, regardless of size, a contract can be made enforceable, it is simply wording. if you are as hard asses about getting contracts enforced as you are about getting payments up front that is
Quote: I realize this might vary from place to place, but in general terms, you have a few hundred to a few thousand dollars outstanding so you go to small claims court. The judge agrees that you are owed money and you win a judgment.
And they don't pay, which leaves you with the option of trying to collect it yourself or selling the debt to a collection agent, which means you've just lost at least 50% of your money in real terms, and have probably lost more than the other half in time and frustration.
I believe this is incorrect. You don't need a judgement to sell the contrat to a collection agent, simply show the contracting party is in default. If they don't pay after a court ruling then they are in contempt of court, and you can garnishee their wages to collect the entire thing.
Quote: This is why I don't think the OP has an enforceable contract.
That he willingly waived one of the money clauses, thereby ensuring that there has been no valuable consideration just makes the paper worth even less than a$$wipe.
There is just no way in the world he is going to make it stick for a profit.
You keep repeating the same mistake, he did not waive a clause, during negotiation, there was mutual agreement as to the date the down payment would be made, that is all. This new date was noted, therefore it is part of the total contract. the contract is not just the paper, which is signed, but all discussions and other notes pertaining to it. It may not be good practice but what was agreed in total, including the new payment date does form "the contract".
What you mentioned in a previous mail is more relevant, that the cancellation came prior to making the down payment. This may depending upon the exact wording of the contract form termination without compendation. We can only guess because we don't have the contract wording, to know even if the contract, without downpayment was in force.
The other thing that is interesting, and I can only speculate on this, is that there was never any intent to contract out the photography. Let's just imagine a scenario here. Someone else commented that the wedding planner was not local I believe. If that planner had a "pet photographer" i.e. someone they planned to do the shots on the cheap, or perhaps a family member etc, why not enter into discussions about types of shots total number of shots, local locations etc. that an out of town planner would not know about, and then just defer things, and cancel out. You get all the ideas and locations but don't pay a cent because you never intended to go ahead with the shoot using that photographer but you took advantage of his time. This type of activity is fradulent, and you can claim. Don't believe me, Microsoft did this all the time, they would look at buying a small software firm, enter disclosure agreements to look at the software , then cancel or back out, but magically the same function and sometimes same code would up in a later release of windows. They have been sued for billions over this type of activity. it is just a bigger scale