# Non-Refundable Deposits



## EricBel (Mar 12, 2015)

Hello,

I was just wondering if it was standard practice to require a non-refundable deposit when agreeing to do a shoot? If so, what percentage do people usually collect and how do you enforce the non-refundable part? Would it be part of a contract?

Thanks,
Eric


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## ronlane (Mar 12, 2015)

I have a friend that is requiring half when you book the session with her. She seems to be busy with her mini sessions, so I guess it is working for her.


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## Vtec44 (Mar 12, 2015)

Be careful on how you word it.  Legally, deposit and retainer have 2 different functions.  From what I know, only retainer fee can be non-refundable.  For me, I require a 33% non-refundable retainer fee to secure my services for the agreed date.


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## KmH (Mar 13, 2015)

Yep. Be careful what you call it.
In most jurisdictions a deposit has to be refundable, but not a retainer.

You enforce the non-refundable part by not returning the money to them.


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## IronMaskDuval (Mar 13, 2015)

Like any legal advice, it is silly to ask on a forum. Check up to date state laws or call an attorney.


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## ronlane (Mar 13, 2015)

I don't see that the OP was asking for legal advice. He simply asked if the non-refundable deposit was standard practice.


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## IronMaskDuval (Mar 13, 2015)

ronlane said:


> I don't see that the OP was asking for legal advice. He simply asked if the non-refundable deposit was standard practice.


He asked about enforcing it as non refundable. That's a legal issue


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## TreeofLifeStairs (Mar 13, 2015)

My business isn't in photography but I am a contractor. In California a contactor cannot ask for more than 10% or $1000 which ever is less for a deposit.


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## EricBel (Mar 13, 2015)

Thank you for all the responses, that is great advice in terms of deposit vs. retainer. I'll definitely check up on local laws though in terms of non-refundable or not. And I guess in terms of enforcing it, I was really asking do you just have it as part of the verbage in the contract or some other way. It didn't even dawn on me that different states would have different laws on amount of deposits/retainers allowed.

Thank you,
Eric


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## KmH (Mar 13, 2015)

And that's why if you're doing photography as a business it's worthwhile to have a qualified attorney _on retainer_.


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## dennybeall (Mar 15, 2015)

I would charge a fee to reserve the date on your calendar, not as a deposit for pictures. If you are able to rebook the date you can choose to give the reservation fee back or not....


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## Austin Greene (Mar 17, 2015)

I require 50% deposit on all sessions, and a retainer on all weddings. In any case, full payment is required before I take a single photo. I make very clear to everyone that the deposit is a "non-cancellation" deposit, and that they do not get it back if they cancel, or if they reschedule within 24 hours. 

It's worked well, I've yet to have a single person cancel after they put some money down.


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