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Is our contract still valid?

Kenosha, WI |

I am an owner of a wedding photography business and I am inquiring about a wedding contract issue. Our contract states that a 50% non-refundable down payment is required to secure a wedding date. A client is wanting to cancel her booking and she wants to get her payment back. We told her at our initial meeting that the deposit is non-refundable, and we went over the contract with the client, she filled out her information on the contract and gave us the deposit, but she forgot to sign it. I need advice on the validity of the contract, and I am inquiring to find out if legal representation is needed in this case.

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Attorney answers 1


Depending on the size of the contract, you should probably refund the money. Without her signature, she would have a good argument that she didn't agree to the nonrefundable deposit. You would have an argument that she agreed and the written contract plus payment is evidence of her behaving in accordance with the contract terms. The question is: do you want to spend a few thousand dollars on attorney fees and damage your reputation?



Thank you, that is what we assumed.

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