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NikNak
Master September 2018

Suggestions on How to Break a Contract

NikNak, on September 28, 2017 at 11:37 AM Posted in Etiquette and Advice 0 33

Back in January, FH and I had been going full steam ahead in researching and booking our vendors. The most difficult was our photographer, after we finally decided who we wanted (and trust me, it was a difficult decision), we reached out to one that we had fallen in love with only for him to tell us he 'may' be moving. I know I'm still peeved about that, but we ended up finding the most amazing photographer within 12 hours of that awful response, so it did all work out. Our photographer has been continually amazing me every day - he's very vocal on social media (FB/Insta) and shares a lot of his work, I just keep falling more in love and getting so excited to see what he'll do with our e photos next month.

All prior to booking him, I had been looking at videographers. I am highly critical of them as I work in film myself, so I knew whichever company I went with, I had to be 100% sure. Of course, that wasn't the case,

...cont

33 Comments

Latest activity by NikNak, on September 28, 2017 at 4:51 PM
  • NikNak
    Master September 2018
    NikNak ·
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    because up until the moment we gave the videographer our $200 deposit, I was doubting myself. Even more so, I ignored the fact that they seemed to stop responding to my emails following the contract signing. I realize I am still a year out and at the time, way more than that, so I was never expecting instant feedback, but several months for a response is a little much. Now, our current videographer is good, but... this is where I finally get to my issue.

    A friend of mine showed me her friends wedding video, it was beautiful, she was trying to convince another friend of hers that she'd want a videographer (this friend is not interested in one), so she was asking about me and my vendor. I went to their Vimeo site and tried to find the video that I had fallen in love with. I started noticing that these videos were at the most recent a year old, and it irked me that they all seemed to be at least a year old, if not more. Now, our photographer has a team he works with, and while I was taken by their work, I had already signed with our videographer the day before we met with him. I have previously asked this question even to WW if the choice I made was a good one, but it has continued to bother me. I finally found my photographers vimeo page, and sat there and watched video after video, hating myself that I hadn't booked them. Their work is leagues ahead of my current videographer and my anxiety went into overdrive that we'd have these amazing photos and we'd never want to watch our movie. I knew I had to see if I could change it, we're still a year out, and the other team would have time to rebook.

    After talking this over with my mom, I took her advice and called our photographer to see if his team was available before speaking to FH. I had the most lovely conversation with the photographer and he assured me that they were available and with no extra deposit, we'd be able to update our contract to include video. I spoke to FH last night, he understood my concern, asked me to try and relax, and we'd go forward and make the change if it didn't cost too much. He did agree to the $900 increase between our current videographer to going with our photographers team, but if we break the contract as it stands with our current videographer, we'd be responsible for another $1100, of which I'm not willing to lose.

    I'm hoping WW might have some advice, I know we could be SOL, but, with more then a year, I'm hoping we can find some way to convince them.

    TLSmiley laughR - We want to break our contract with our videographer so we can work with the team that our photographer works with. We're more than a year out, do you have any advice on how to request to cancel without losing the half balance of $1100?

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  • Nonna T
    Master April 2014
    Nonna T ·
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    You may want to approach it with a "if you can rebook our date may we request a refund?"

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  • Abbie
    Devoted April 2018
    Abbie ·
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    I'm going to take the hard line here: yes, it's a ways out until your wedding, but you signed a contract and the service provider has not done anything to break said contract. You want out because you found someone better and in truth didn't go with your gut when you signed on with this guy.

    It's understandable to change your mind, but the guy didn't do anything wrong, so I see no way that you can just get out of this unless he is gracious enough to let you do so without penalty. That's just how contracts work. You can certainly ask, as Nonna suggested, but he's under no obligation to give you your deposit back, and there's no other way to just "get out of it". Nor can you "convince him". Either he says yes and gives you a refund or he doesn't. Sorry.

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  • muriel
    Champion June 2018
    muriel ·
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    It's easy to break a contract. Just pay the penalty that you agreed to when you signed the contract.

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  • NikNak
    Master September 2018
    NikNak ·
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    @Abbie - I want to thank you for your response and clarify. I absolutely made my bed and I will lie in it if I can't get out of the contract. I'm not, and FH is not willing to lose the money and I will have to accept that if I can't, which I believe I stated, if I didn't, I apologize. I'm fully prepared to lose the deposit if they're willing to agree.

    I am aware they didn't do anything wrong, and I know I'm the one that made the mistake, so that's why I asked for advice on how to approach it. I appreciate @Nonna's suggestion and will be using it.

    Thank you @Muriel, I appreciate it.

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  • Emily
    Super July 2019
    Emily ·
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    @NikNak that's tough. If you are not willing to lose the deposit and go with your top choice, I'd be wary of asking about contract breaks. While they are professionals, it will be in their mind that you wanted to get out of the contract and use someone else, but then stuck with them because money. I'd perhaps think on it a bit more.

    That being said, if you're deadset on trying, definitely go with Nonna's advice! good luck! I hope you can use the vendor you really want

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  • NikNak
    Master September 2018
    NikNak ·
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    @Emily, we're definitely willing to lose the deposit ($200), it's the remaining balance of $1100 we'd prefer not to.

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  • Emily
    Super July 2019
    Emily ·
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    @NikNak ah I see that now! I wouldn't want to lose that either. Definitely follow Nonna's advice then! Good luck!

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  • An
    Super September 2019
    An ·
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    Yeah agree w @Emily, could be real awkward if you try to get out of the contract with them only to go through with it. What will you tell them is the reason? I can't think of anything that wouldn't backfire of offend them if you ended up keeping them. Hopefully they would be professionals about it but it's not exactly the ideal situation for anyone. If it was me, I would either eat the full cost of whatever is owed and go w the new person or just forget about it and stick with what you have.

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  • brieliz
    VIP January 2017
    brieliz ·
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    Here's how I would approach it, not sure how it would go over:

    I would contact my current videographer (by phone and then with a follow up email) and say that you weren't aware that you're already booked photographer also does video, and you think going with them makes more sense for you. You were wondering if, since you are a year out, if they would be willing to keep the $200 deposit and open the date up again and null the contract. I don't think you should try to get the $200 back when you technically owe $1100. And I wouldn't mention the $1100 unless they bring it up.

    If that doesn't work and they say that you would still owe the $1100, etc etc, then I'd see if they would be willing to open the date and see if they can rebook it. If they can rebook, then that would nullify your contract and you wouldn't owe the money. I'm not sure how to necessarily handle this with your current photographer, other than communicating with them and saying you are trying to break the contract but he needs to rebook before you can sign on with them officially and see what they say. And I don't know how feasible this is.

    Speaking from a personal perspective, I went with someone whose videos are OK because it was a reasonable price and I am not happy that I did, I wish I spent the money to get a little higher quality. Maybe you can try to negotiate the price with the current photographer since you booked them for both and that would lower the amount you are out if you do have to pay the current videographer. I'm not sure.

    I think the best way to approach it is to say you weren't aware that your photographer has video (even if you were) and since it's a year out what options do you have, can they keep the deposit and open up the date again. And see what they say and go from there.

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  • NikNak
    Master September 2018
    NikNak ·
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    Thank you for your responses!

    I like @brieliz's approach as it takes into account what Nonna suggested and at the same time, and if they have a hard time with it, it would allow me to just let it go. I'm going to try and contact them today.

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  • hazelgrace
    Just Said Yes January 2018
    hazelgrace ·
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    Why would you owe $1100 more if you back out of the contract? Isn't that the point of the deposit? I haven't seen a contract that requested more than the deposit unless you cancel really close to the wedding. If you're on the hook for the money anyway why wasn't the deposit $1300?

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  • NikNak
    Master September 2018
    NikNak ·
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    @hazelgrace - our contract has a 60 day grace period from date of signing. If I had cancelled before the end of the grace period, we'd actually get the deposit back. After that we're responsible for half the balance of the total package of $2600. So that would give us $1100 to have to pay them.

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  • Elizabeth
    Expert May 2018
    Elizabeth ·
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    I think it's kind of important to note, that the videography...hell even photography to an extent..seems really important now, but almost guaranteed it won't one, two, five years, ten years down the road. You and your FH will really be the only ones watching it after you share it with friends/fam (or all of social media) and people will really only be looking for themselves dancing and stuffing their faces in the background. Is it really worth a whole ordeal and causing a rift with you current vendor?

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  • NikNak
    Master September 2018
    NikNak ·
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    @Elizabeth, I appreciate that point of view. It is one I considered. However, since I am a filmmaker, I have a feeling that it will always be important to me. I'm the person who 10 years after the fact, I'm still hating things I did with my senior thesis film :-/. With that in mind, I thought I should at least take the chance, if it doesn't work out, I bite my tongue and go with it.

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  • LanaKane
    Super November 2017
    LanaKane ·
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    It's really up to the vendor if they'll refund you some or all of the money since they technically didn't breach your contract. But you never know! They may end up refunding you a portion of the deposit.

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  • Stephanie
    Expert October 2018
    Stephanie ·
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    You're losing $200 or $1100? I'd lose the deposit honestly. 200 isn't a lot to lose to me 1100 is DEFINITELY a lot to lose though. The nicer you are the more likely they are to help you, say you understand you are on the hook for the deposit, but unfortunately we will not be needing your services, I hope you are able to rebook. Don't ask for a refund. And read your contracts carefully, I read mine, and found that if we chose to cancel after the fact we'd lose our $2100 deposit which I wasn't willing to do, when we were contemplating going to Vegas. But you do not have to continue paying the videographer if you cancel. It sucks to lose that money, but in the end you will know if you regret it or not. They cannot make you pay for services not rendered. I agree with saying you chose to go with your photographer for a more all inclusive feeling. Secondly I read my contract for my venue and honestly highlighted things I wasn't sure about to get clarification on. Like the ACT of GOD clause which isn't likely to happen but very well just may, that they wouldn't refund me or at least reschedule. I'd really be crying if that happened. The wedding coordinator told me it would be fine to reschedule to a different date at no penalty, but I needed that. If you back out of your contract, you lose the money you paid already. Not more, not less.

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  • NikNak
    Master September 2018
    NikNak ·
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    @Stephanie, $200 is the deposit and we're perfectly fine with losing that. It's the $1100 (half the remaining balance) that would be due if we cancelled. I agree with @hazelgrace though, I don't know why I didn't think of that being weird when we signed.

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  • Stephanie
    Expert October 2018
    Stephanie ·
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    How come it's still due? What exactly is the wording of your contract? Can you share? Most contracts have a cancellation clause (and yes I asked ALL of my vendors this and have it in writing).

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  • NikNak
    Master September 2018
    NikNak ·
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    Our contract states:

    CANCELLATIONS: All deposits made are non-refundable, but will apply to a future date if you reschedule within 60 days. Cancellations made 60 days after booking, you are obligated to pay 50% of the balance due. Vendor will work with you to move dates due to military deployment, child birth, funerals. If we are en route or have already arrived at your even, you ARE obligated for the entire balance due as stated below.

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