 Audrey Gambrel |
Cancellations I am so frustrated with cancellations at the last min. I know that they are going to happen from time to time, but it's so frustrating! Do you charge for your session fee at the time of booking or do you wait to be paid at the photo shoot?
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
That's why people use non-refundable deposits.
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Jerry Frazier |
Yes, you charge them when they book. This provides some motivation. You also make that fee non-refundable. Don't call it a deposit. Just call it a booking fee or a retainer. A deposit implies that it is refundable if they do not get any services. A booking fee means, it's a booking fee.
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Mark Feldstein |
From the "For What It's Worth Dept." It seems what Audrey is asking about is whether there are damages available for breach of a contract to shoot wedding photos. To some extent, the answer first depends on what state you live in and whether the civil laws allow for deposits and whether those deposits, in turn, may ever be "non-refundable". Some states say yes, others, including California in some situations say "no". The second issue is whether you have a written contract to provide services and whether that contract specifically provides for cancellations AND under what circumstances, how much notice must be given, etc., AND what damages or deposit fees, may be retained by the photographer (or non-breaching party). A lot of state contract laws allow for what's called "liquidated damages" which is kind of what you're all referring to here. Liquidated damages, simply stated, are those presumed to be sustained by a non-breaching (non-canceling) party. Presumed in that they're somewhat difficult to determine but reasonably. or customarily awarded to a non-breaching party who, is not at fault in terminating the contract or agreement, as in the bride and groom cancel "at the last minute" whenever that might be defined as in your written agreement to perform services. Liquidated damages are things like assumed out-of-pocket losses for things like lost fees (including the lost revenue from other jobs you might turn down because of having accepted this gig), expenses like deposits on equipment rental, advanced fees paid to assistants to show up, incidental hidden costs which don't have to be specifically noted anywhere, just thought through. If you've got a written contract, specify exactly how much the liquidated damages are, the time frame for cancellation, and exactly how much of the deposit (all or part of it) will be deducted from the deposit. You can even come up with a sliding scale for these types of damages by saying, for example, so much money if they cancel 30 days, 14 days, 7 days, 1 day before the assignment date. That not only looks fair but it IS fair and any small claims judge would likely see that you went the distance in finding "reasonable liquidated damages" or good cause for not refunding them. And btw, if you are offered other gigs and turn them down for this assignment, keep a record of who, when and how much to demonstrate you turned down work because of this one assignment. Once you come up with a proposed written contract including a liquidated damage clause of some kind, run it past a local lawyer to determine whether it's binding/enforceable and reasonable to your business. And I recommend always asking for more of a deposit than you need to cover the loss so you've got something to hand back if they do cancel. Seewhatimeanhuh?
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Molly A. Galloway |
I have had people cancel when I was already half way to the location so I say if the session is not canceled a full day before the shoot then there is a $25 fee to reschedule. (portrait shoots)
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Debby A. Tabb |
I haven't had many cancelations, but I charge 1/2 down non-refundable deposit to book your date. Even if it is a year in advance.
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Jennifer Harden |
I charge 25% at the time of booking - regardless of a wedding, ball team or portrait session. I charge another 25% 30 days before the event. I charge the remaining 50% upon delivery. The first two payments are non-refundable. I've only had 1 cancellation in the past year and I still got to keep 50%.
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Audrey Gambrel |
Thanks everyone! I will definitely be charging at least a percentage up front from now on. :)
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Jerry Frazier |
Oh, I didn't know you were talking about a wedding. Weddings are totally different animals than portriats. Anyway, pretty much what Mark said.
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Jerry Frazier |
Oh, I didn't know you were talking about a wedding. Weddings are totally different animals than portriats. Anyway, pretty much what Mark said.
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Jerry Frazier |
Oh, I didn't know you were talking about a wedding. Weddings are totally different animals than portriats. Anyway, pretty much what Mark said.
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Audrey Gambrel |
No, I was talking about a regular portrait session (family, children, senior, etc.) Thanks again!
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