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alicecarey
alicecarey
Asked: May 22, 20222022-05-22T03:22:07+00:00 2022-05-22T03:22:07+00:00In: Contracts

Getting moeny back from my wedding photographer after postponing

I booked a photographer for my wedding. But before paying deposit and signing the contract I asked what would happen if my wedding had to be postponed because of Covid 19 I received an email back saying they would transfer me to the new date and if they didn’t have my date available they would refund my money.
We postponed our wedding and I asked if they have my new date available and I was told they didn’t have it available and they where fully booked that day, but they had other dates available in that month. But I had already picked that date and paid a deposit for our venue for that date. So I only wanted that date.
As they weren’t available on the date I found a new photographer available on said date and and asked original photographer for a refund. I was told by the receptionist I shouldn’t have done that and I should of waited for her to work out some thing for me for that date she she had told me she was fully booked that day. But she never told me to wait she just said they didn’t have my date and had other dates.
I never signed the contract and she’s saying I agreed to the contract by paying the deposit.
She told me she would pass it on to management, I didn’t hear back from management so I called them and spoke to some one else and she said she will get management to call me back. It’s been a month and I haven’t heard anything. Iv been calling a few times over the last month with no answer . That includes 4 times yesterday. And 2 times this morning.
Anything I can do?

covid-19photographerpostponing wedding
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    1. angiepotoma
      2022-05-22T03:34:57+00:00Added an answer on May 22, 2022 at 3:34 am

      Walk in. It’s very difficult to ignore a human. It’s very easy to ignore a phone call.

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    2. kimberlysue
      2022-05-22T04:33:31+00:00Added an answer on May 22, 2022 at 4:33 am

      So you never signed anything but paid a deposit? How did you pay it? Check? Online?

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    3. alicecarey
      2022-05-22T05:02:12+00:00Added an answer on May 22, 2022 at 5:02 am

      no I never signed the contract I paid the deposit to book the original date in . And I was meant to print and sign the contract when I could get to a printer. But never got around to it.

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    4. michaelpatton
      2022-05-22T05:17:22+00:00Added an answer on May 22, 2022 at 5:17 am

      Does the contract have a clause that says something like “this is the entire agreement of the parties”?

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    5. alicecarey
      2022-05-22T06:16:13+00:00Added an answer on May 22, 2022 at 6:16 am

      I can’t remember. I’d have to go back a have a look

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    6. michaelpatton
      2022-05-22T06:48:00+00:00Added an answer on May 22, 2022 at 6:48 am

      if it has that clause, you are likely out of luck. You can try filing a BBB complaint. If it doesn’t (read the entire thing carefully) then you might be able to argue that the email was part of it. Either way, it is iffy that a court would agree but often companies will cave if you file in small claims court. It also depends on how much it was.

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    7. alicecarey
      2022-05-22T07:01:52+00:00Added an answer on May 22, 2022 at 7:01 am

      I can’t see any part of the contract that said that.

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    8. alicecarey
      2022-05-22T07:31:28+00:00Added an answer on May 22, 2022 at 7:31 am

      It was a $700 deposit.
      I’d assumed because they told me I’d get a full refund in writing if they didn’t have my date available I’d get one .

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