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M
Beginner May 2018

Vendor Cancelled and Apparently Vanished

M, on March 5, 2018 at 6:01 PM Posted in Etiquette and Advice 0 18

My photographer notified me last week that she was terminating our contract. At that point, my wedding was 10 weeks away. Her husband is in the military and they were being relocated overseas, which I view as a very understandable reason for not being able to provide services, obviously.

However, we had already paid this person in full per the terms of our contract with her. Per our contract the deposit we paid to hold the date is non-refundable, but in the event that the photographer does not perform the responsibilities outlined in the contract, we are only responsible to pay for work she has performed.

Since she sent me the termination notice last week, I have been unable to get in touch with her about getting our money back. She is not responding to emails, and the contact number I have for her no longer works. She’s taken her phone number off her website. However, she’s advertising that she’s going to be picking her business back up in their new location. I’m really upset by the way we have been treated by someone who touts herself as a professional in the industry.

I’m really irritated by the non-refundable deposit, too, because I’ve always understood that as a vendor’s protection in case we cancel and they are unable to fill the date. I never really considered how that leaves us high and dry if the vendor is the one that cancels. But, I signed the contract, so… *sigh*.

I’m trying to be human about the fact that she just had to move her entire family to the other side of the world on short notice, and give her time to respond. But… we are out a lot of money. And to get a replacement on short notice we wound up paying quite a bit more than we originally budgeted. The way I see it, if we can’t get in touch with her we don’t have a whole lot of recourse at this point. Has anybody run into this or something similar and gotten your money back? Am I being too pushy?


18 Comments

Latest activity by LizzyG, on March 6, 2018 at 9:28 AM
  • Amanda
    Dedicated December 2018
    Amanda ·
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    How long are we talking? I would wait a month (??) and hopefully she gets back with you. Then I would seek legal counsel.

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  • M
    Beginner May 2018
    M ·
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    P.S. the photographer listed in my Vendor Team is NOT the one I’m having the issue with. She’s the one that saved the day! Smiley laugh
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  • M
    Beginner May 2018
    M ·
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    It’s only been 10 days since she sent out the termination email. I guess i’m just disturbed that she’s become completely unavailable by email, phone, text, anything.
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  • N
    Dedicated June 2019
    Nicole ·
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    Have you tried having someone else contact her? I would hope she is not avoiding you, but maybe if someone emailed her about a potential new client she would respond then you could catch her off guard.
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  • M
    Beginner May 2018
    M ·
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    That’s a good idea - I haven’t tried that yet. Thanks!
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  • K
    Savvy April 2018
    Kristine ·
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    If she is the one who cancelled then she should have had a check ready for you knowing full well you would need a refund. You have given her 10 days as it is i would file a claim in small claims court
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  • Daria
    VIP January 2019
    Daria ·
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    Do you have wedding insurance? I've been putting it off but after reading this story I am convinced. An issue like this would be covered, and then they could chase down the photographer to get your deposit back.

    Absolutely agree that her notice should have been sent to you with a refund check AT THE VERY LEAST. Or better yet to have transferred the contract, with an option for you to refuse to a trusted colleague of hers. What did your contract say regarding a replacement, if she had woken up the day of your wedding with a flu or something? Photographers have to have some kind of contingency plan in place!

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  • Casey
    VIP December 2018
    Casey ·
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    Agreed! God forbid anything happen, my photography contract outlines that they will have someone of equal experience take their place.
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  • Jamie
    Devoted August 2018
    Jamie ·
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    Start the ball rolling on small claims court for a few reasons. To file a claim is cheaper than people think, just look up your filing fees for your county.

    No services were rendered, therefore the full deposit should be returned. Saving the date is not a good enough reason to keep any part of the deposit, especially when they cancelled. Deposit means refundable in the court of law. Non refundable deposit is an oxymoron. To make it unrefundable it would need to be labeled as a fee rather than deposit.

    Email her and give a 48 hour warning notice that if she doesn't respond you will move forward with a lawsuit. Remind her that they WILL contact her husband' commanding officer. The military doesn't mess around with that stuff. Bad business on her behalf will reflect badly on his miliary career.

    Be firm in your correspondence. It's difficult not to throw emotion into it. I am so glad you found a replacement photog. Sorry you have to deal with such a mess.
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  • Janel
    Super September 2018
    Janel ·
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    I would send her a certified letter to her business address requesting a full refund of $x dollars since she is terminating the contract.
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  • dancingwiththekumars
    Expert May 2018
    dancingwiththekumars ·
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    You do have a lot of recourse here. She has not fulfilled her end of the contract, and you can take legal action. You deserve ALL of your money back. Do not feel sorry for her because of her situation. As a vendor, she left you, the bride, in a terrible situation in the most unprofessional way. So sorry this happened to you!
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  • Nisa
    Super March 2019
    Nisa ·
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    This. Most people, especially professionals, get spooked by legal action, even the threat of it. Show them you're serious with small claims court. They'll have to pay up.
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  • Marie
    Devoted March 2018
    Marie ·
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    Just got my venue insurance policy today. After reading this, I too, am so happy I have the insurance!

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  • Kiersten
    Expert February 2018
    Kiersten ·
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    This. A million times this.

    Relocating across the world is not an excuse for b.s business practices. It's 2018, not 1990. There are a thousand ways she could communicate that would take 0.000002 seconds of her time. As someone who was born into the military, joined it and then married it, and has relocated at least 48 times, I know this to be fact.
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  • C
    Expert September 2018
    catobx ·
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    THIS THIS THIS THIS. You took the words I didn't know I wanted to say out of my proverbial mouth.

    Not to be petty, but if her husband's standing in his position in the military is going to be affected, she FOR SURE will respond to you. I say this having been a military spouse. It's a "last effort" type of deal but it sounds like she is avoiding you and I can almost guarantee as a military wife she has spent your deposit already. She needs to own up, despite going thru a difficult time. She promised a service, and can't back out on it so easily without making it right for YOU.

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  • Bianca
    Super August 2019
    Bianca ·
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    I’m sorry you’re going through this. I don’t think you’re being too pushy.
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  • M
    Beginner May 2018
    M ·
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    Thank you all for the advice! I’ll look into small claims court as an option.
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  • LizzyG
    Devoted September 2018
    LizzyG ·
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    As someone who does collections for a living... you can take her to small claims, but even if you receive a judgment in your favor, it will basically be up to you to collect on it. If you involve an attorney you are more likely to get your money back, or at the very least, a response from the vendor. Good luck, fingers crossed for you.

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