Business Contracts Do I (legally) owe any kind of refund to this client?

drmoreau

New Member
Jurisdiction
Louisiana
I am a wedding videographer with a client wanting a refund because I missed one shot (groom's face during bride's walk down isle). They signed a contract that stated "2 camera shoot of ceremony, 1 camera shoot of dances and cake table activities". I even stayed longer to get a song the bride wanted to sing to her daughter even though I wasn't contracted to do so...out of kindness.

We discussed the shot being important to them when we met, but it is NOT in writing. The day of the event the setup was not conducive (I felt) to getting that shot.

I even offered a 20% refund of the measly $425 I charged them (trying to be nice and help them out since they were on a tight budget) because I just wanted to be fair and not have anyone hold a grudge against me. At this point though I think I don't owe them a thing and their threat to "sue me" really irked me quite a bit. What should I do? Thank you.

I have attached the contract (with personal details blurred out) to this post. I should also mention that the ceremony time was changed from 7:30pm to 7:00pm with no notification until the morning of the wedding. At that point I was within my rights to call the contract void but I accommodated.
 

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You can stick to your guns and refuse to refund any money, contract or not.

The other party is free to accept or reject any compromise offer.

If the parties fail to agree, the other party is free to sue you in small claims.

If that happens you simply defend your position as you've tried to do here.

Who will prevail?

That, mate, can only be answered if the matter is litigated before a judge.

If she eventually wants to accept a compromise to settle, make sure you get it in writing, dated, and signed by all parties.

Otherwise, you could still end up in court.
 
so, (and this is a serious question) if my contract basically means nothing in terms of legal protection for myself then should I even bother to continue with the hassle of them or just do everything on hand-shake agreements?
 
so, (and this is a serious question) if my contract basically means nothing in terms of legal protection for myself

No, it's not a "serious" question, it's a ridiculous question because nobody said anything about your contract meaning nothing in terms of legal protection for yourself.

I read your contract. It's pretty straightforward and is written in plain English and will definitely hold up in court. Especially the disclaimer:

"_______ is not responsible for any missed footage at a reception..."

You also have a provision for charging extra for spending extra time.

Frankly, I suggest you stick to your 20% refund offer on a take it or leave it basis stating that you are not at fault for anything but are making the offer as an accommodation.

There is one improvement that you can make to your contract. Include an "entire agreement" provision.

Explanations and samples can be found in the following search results:

this is the entire contract clause at DuckDuckGo

And, no, I would not do everything just on a handshake.
 
so, (and this is a serious question) if my contract basically means nothing in terms of legal protection for myself then should I even bother to continue with the hassle of them or just do everything on hand-shake agreements?

Your contract, all contracts, have meaning.
The reality of life reveals that some signatories to contracts choose to violate their signed contracts.

A marriage certificate represents a contract.
A credit card, a mortgage, a personal loan is but a contract.
People, and corporations, violate contracts.
Heck, even governments violate contracts.

A contract is a piece of paper.
Not all people are honest.
A dishonest, conniving, scheming person could sign a contract.
No sooner than the contract has been signed, the other party, even both parties could violate the contract.
Again, I refer you to a marriage where both parties violate the contract.

When people can't agree, whether a contract or a handshake exists, the matter can only be settled before a court, an arbitrator, or a mediator.

A contract's meaning is subject to dispute by many things:

Did a contract ever exist
Was there a meeting of the minds
Is the contract only a promise
Was there proper consideration
Was there really a breach
Was the contract one sided
Did the contract demand one party to bargain away a protected right
Was the contract in violation of other law(s)

A contract has meaning, assuming it was a valid contract.
However, when the parties can't agree, only certain courts can command the other party to perform, and/or adjudicate the dispute.
 
What should I do?
Read a book on how to turn unhappy customers into happy customers. Explain to them that they are not entitled to a refund, and you've provided them with beautiful footage of their special day. You understand they are frustrated with the one shot, but it was not possible to get it; you're prepared, as a concession, to give them a ___ % discount. Frankly, I think 20% is way generous, but do what you think necessary to keep them happy.

FWIW, I doubt they're entitled to anything back. The only question is whether you can salvage the client relationship, and whether it's worth it to you to do so.
 
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