# Wedding Contract Question



## Perri (Jan 13, 2015)

I had a client sign a wedding contract with me in the fall of 2013 for a wedding in April 2014. The couple paid the deposit and had an engagement session which was part of the package they chose. They called the wedding off in February 2014. *A size note, I changed my wedding packages and prices in January of 2014, but since their contract was with my 2013 prices, they were locked in at a lower rate.* Now, 2015, they are wanting to continue on with booking. There were no clauses in my contract about "postponing", just cancelling. Her original email stated that she was "postponing the wedding, possibly indefinitely."
Do I continue on with my very outdated pricing in which they signed the agreement with in 2013? Should I scratch the old contract completely and move forward with a new one?


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## pixmedic (Jan 13, 2015)

it depends. 
do you want to charge them more now than is on your original contract?
if so, i would say the original contract is cancelled.  in our contract, it states the contract is void 90 days after the scheduled wedding date.


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## SquarePeg (Jan 13, 2015)

I'm not a pro but I would assume everything in your existing contract is stated with the 2014 wedding date so a new contract is definitely needed to state the new timeline both for the event and your deliverables.  I would expect prices to change to 2015 as well.  You should definitely get a new deposit too since the bride is fickle!  You could be accommodating and apply the old deposit against the new package total (assuming you kept the old deposit)...


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## Vtec44 (Jan 13, 2015)

The retainer fee is to secured a specific date on the calendar, so that you don't book another wedding on that same date.  My contract states that once the date is changed, they will forfeit the retainer fee and a new contract is needed for the new date.  How I enforce this policy depends on several factors.  If it's just a simple moving the date to another date within the same year that I'm open, then I just transfer the retainer fee with a new contract but same pricing.  If it's moved to a different year then obviously it will be a different contract with a different pricing, retainer fee forfeited.

Also, I you may want to research on the differences between retainer and deposit in legal terms.  They're different in court when there is a dispute.

Disclaimer:  I'm not a lawyer.


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## The_Traveler (Jan 13, 2015)

OK, I don't shoot weddings but, if it was me and the couple was nice about everything, I would tell them I've raised my fees but as a goodwill gesture towards the couple finally getting their lives in sync, I'd keep them as they are, assuming they are paid x weeks before the wedding.
This could generate more good will and a troubled couple who've having issues getting hitched might appreciate good news.


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## KmH (Jan 13, 2015)

Where are you? (No location info in profile)

It depends what the laws are where you are, and you really need to consult with a qualified attorney.
What happened to the 'deposit' the couple paid April of 2014?
Does your 2013 contract call it a deposit or a retainer?

Has a qualified attorney reviewed your contract to ensure it is in fact actionable where you do business, and doesn't contain language errors that make your contract weak from a legal perspective?


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## dennybeall (Jan 14, 2015)

The contract is in fact the key. It's difficult to decide what you want to do until you're absolutely sure of what you HAVE to do.
Which do you need the most right now? The Good Will or the Money?


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