Weddings I think I will keep the deposit

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lets dance

New DJ
Jan 30, 2008
169
0
61
Vernon B.C. Canada
Just got an email from a groom canceling a reception he booked with me about three months ago for july 11th. He finished of the email with "well this should not really be a problem for you with the wedding being three months off how will you be returning our deposit?" I could have booked July 11th a couple of times and around here three months is to close to the date to expect to book it. My contract says deposit is nonrefudable, I am usally a softy and give back the deposit but not this time.
 
My contract says deposit is nonrefudable, I am usally a softy and give back the deposit but not this time.

lets dance - Why bother having contract language that stipulates that the deposit is non-refundable, if in your own words, it "usually" is refundable? :sqerr:

If you have a contract, stand by it... If you don't want to stand by your contract, don't bother having one...

Having said that... OF COURSE you should not return the deposit. The "gentleman" in question signed an agreement with you to use your services. He agreed that the deposit he paid to you was non-refundable. For him to expect anything else is disingenuous at best... :sqmad:
 
ahh and here behold a typical bullying tactic. Knowing all well what he signed he is using the art of intimidation right from the start hands down. Keep this person to his word from the start on, soild ground stand firmly.
 
Dear Mr. Cancel,

I am disappointed we will not have the opportunity to finish the planning of and performance at your previously scheduled celebration.

Please see Paragraph X in the contract which you signed on M/D/Y. Also, please review the language you freely agreed to and return the signed cancellation notice in order that you can avoid paying the outstanding balance as agreed to in Paragraph Y.

If I can be of service in the future, please call.

Sincerely,
 
terminationletter.jpg
 
If you set precedent of giving back deposits because "your a softy" you can pretty much assure that if this went to court, your contract would stand a good chance of being thrown out.

Prior precedence is what a judge is going to look for. If you've done it once, it is prejudicial to not do it again. You have to be 100% uniform in the enforcement of your contract at all times.

The ONLY way that you can "be a softy" is if everyone of those past incidences, they vacated the contract according to the terms in it for termination of same.

Cap lays out a very clear example of what you must do. If they fail to formally in writing, with a signature, vacate that date. You had better plan on showing up that date ready to go. Trust me on this.

Otherwise you might find yourself in court responding to a claim of how you ruined their wedding by being a no show. Doesn't matter what they might have emailed you, told you over the phone, etc. ONLY a properly drafted release letter signed by them can protect you.

If they fail to sign the release, you show up, if another DJ is there, you just get a written notice from the venue that you were there from start to finish, even if your in the parking lot the time.

CYA by enforcing your contract completely.
 
What was once called a "deposit" to retain my services is now called a "booking fee". While I (thankfully) haven't had to go to court over a contract, I believe the wording improves my position in court, should I ever need to defend my contract.
 
Steve : Call it simply a "payment" and be done with contract semantic worries forever.

You get money with the contract and then a balance later? They are payments, one due at contract signing the othe due when you say so. Just real simple...payments.

Mortgage payment, car payment, credit card payment, utility payment, contract payment. Simple. Easy. And none of them conjures any thoughts of refunds.

Payment.
 
Judge: Let's Dance, have you ever refunded a deposit? Remember, you're under oath.
Let's Dance: Yes, your honor. But...
Judge: Case in favor of the plaintiff. Refund the deposit Let's dance.

Once you set a precedent, no matter what the reason, that precedent will win over your contract language. The best precedent is to honor your contract and don't refund that deposit.
 
Judge: Let's Dance, have you ever refunded a deposit? Remember, you're under oath.
Let's Dance: Yes, your honor. But...
Judge: Case in favor of the plaintiff. Refund the deposit Let's dance.

Once you set a precedent, no matter what the reason, that precedent will win over your contract language. The best precedent is to honor your contract and don't refund that deposit.
So Tom do tell, how many times have you've been to court with these issues? Remember you're under oath.
 
So Tom do tell, how many times have you've been to court with this issues? Remember you're under oath.

Once. I won.

The wedding was canceled two weeks before and I had already been paid in full. Daddy, a lawyer that should have known better, was paying for it. He had a fool for a client (he represented himself).

He did everything else correctly. I sent along the cancellation of services form which reiterated what was in the contract; that is, less than thirty days, I get to keep it all.

Daddy's reasoning was that I had done no work.

The judge asked me if there ever was a time that I waived any part of my contract. I truthfully answered no. The contract was upheld.
 
I agree. What's the point of having a contract if you're not willing to honor your own terms?

The purpose of a written contract is to protect both parties from each other. I am a firm believer in the RTFC principle ~ Read The Contract before signing anything. At the bottom of ours is a notation, if you agree to the terms outlined in this agreement etc etc. By signing, both parties indicate agreement with the terms.

In this case, it's rather obvious what the thread author should do. I just hope Let's Dance doesn't have to resort to legal action. Sometimes it can't be helped.
 
CAP! I worked Salmonella Square! You don't know what you missed out on! Just downwind from the Fulton Fish Market, and delightful in mid July!
 
Judge: Let's Dance, have you ever refunded a deposit? Remember, you're under oath.
No.

Remember, never answer more than what's asked. Ask 25 people "Do you know what time it is?" Any of them with a watch, will answer, "Yes, it's it's 7:00am." The time wasn't asked for. The question was "Do you know what time it is, Yes or No." Just answer the question and volunteer nothing else. This holds true for any court action. Though you may be badgered for being evasive, stand firm.

As I don't take deposits or booking fees or entertainment fees, only payments, I cannot refund what I've never accepted. The question didn't state payments.

Just answer the question about deposits as specifically asked, yes or no, just say no. You cannot be held responsible for the ignorance of the question's originator, under or above the oath (which has never meant anything to non-believers so why are believers forced to be held accountable to a higher power?).
 
Ducky and I discussed this issue earlier this year for us. We decided that there is only one exception to our non-refundable booking fee where we would consider returning the fee...military deployment. The only reason we decided to even consider this is because the soldiers have no say or choice when they leave, if they get the call two days before their wedding, they have to go. We figure why hose the couple if one of them may never come back.

Of course, we're not stupid, we require a copy of the deployment orders so we can verify what is happening.
 
DJ J Mac: In the Contract Release document near the bottom, you'll note it says "personally refund". Though quite seemingly incidental, it is specific and deliberate. My business will never refund, but I (the owner) might personally refund if all "my business" criteria has been met.

The refund is done on a personal check. Clients don't care what account as long as they can cash it. For me, the business account never refunds unless it's my bad, and that has never happened either.

Offered as food for thought only. [using your best Brooklyn accent] "Ya godda do whatcha ya godda do!"
 
Cap,
I think you nailed it right there. Many people don't know how to separate the business from personal dealings. It's not always the same.