Can someone take me to court for breaking a contract? Posted on August 03, 2011
I am a Florida Photographer. A client canceled their wedding 48 days from the event. They paid half of the package price (50% non-refundable retainer) and then 2 months prior paid additional moneys towards the balance. They signed the contract and are now threatening to take me to court and quote "Make my life a living hell". they initially only wanted to get the extra moneys paid toward the balance back, but are now saying that they wants all of it including the retainer. My contract states: Cancellation: Upon acceptance of these terms, the Photographer reserves the time and date for Client and will NOT make any other reservations for that time. For this reason, the retainer is non refundable, even if Client cancels the order for photography, or changes the date of the event. The Photographer warrants that in the event of a cancellation, reasonable effort will be made to secure a replacement assignment. If the Photographer secures a replacement assignment and full package price has been paid, Photographer will refund one-half of the package price (full package price less the non refundable retainer). If the Client cancels the event for photography one month or less before the event it is the Clients responsibility to produce full payment to the Photographer. It is my understanding that in my contract they will only get the moneys paid toward the balance back if I secure a replacement assignment to compensate for my loss. My question is, do they have any ground to stand on due to signing and agreeing to these terms or is there any loopholes in my document?
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