Consumer Law, Warranties Verbal contracts and deposits

Status
Not open for further replies.

littlemoore

New Member
My husband and I do photography as a side hobby and for fun. We recently shot a wedding saying we'd do it for free, and the bride and groom gave us free food and $100. We were ok with that, we had a really good time.
Now, in January bride-to-be contacts us through our email about us doing weddings and asks all our questions. We basically run only on digital and we give them the cd to print the pictures later but we do some editing to the ones they really want(i.e. black and white, sepia, special effect, etc). We met up with this girl and her mother at a local coffee shop, showed them the pictures we had done at the wedding before and they said they loved them. They asked us to make up a contract and email it to them to review and them we'd get to signing it.
That said and done, we found a standard contract, sent it via email and the girl agree to it, saying "it looks good". We then set up a time to do some engagment photos, which we recently took last week(March 11, 2007). We told her $50 for the session and we'd give them a proof cd and them email the rest of the pictures when we'd had a chance to go through and edit the photos for them. The day was hot and sunny and a lot of the pictures did not turn out exactly as we wanted, and we were even willing to reshoot for them if they wanted it.
On this day the girl gave us $200 deposit(even though we never asked for one, she and her mother insisted on it so they could book our time). Now, we told the girl we couldn't bring a printed copy of the contract cause our printer was out of commision because we're in the middle of a move and it would be at least two week until we could get together and sign it(all their idea, we were even okay with no contract, we're very trustworthy and we dont not ever show up for something we say we're going to do). she said that was fine and gave us the $200 deposit anyway so we would book our time. Now, a deposit is non-refundable in the real world after a three days grace period, and that's what we were going by.
We get an E-MAIL, not a phone call, from her today(after i sent her the other photographs I edited) of her telling us she doesn't want to use us after all and wants her deposit back. My husband handeled her email and told her she could not have it back because it was non refundable and we did cancel other shoots that same day so that we could do her wedding and because she gave us the deposit.
So, i guess my question is...even though none of us signed the printed version of a contract, a verbal still stands doesn't it? She did say the emailed version looked just fine and she gave us the deposit. We had it set on our calendar, said and done! We kept all emails as well with communication.
Also, she shouldn't have given the money without signing a contract if she wasnt sure about our work to begin with.
thanks in advance.
 
Keep the money.

If she sues you, tell the judge your story.

Lesson learned: Get the money and the contract before you click a shutter.
 
Status
Not open for further replies.
Back
Top