What Is Wedding Photography Contract Cancellation?
Wedding photography contract cancellation should be handled with care to avoid any legal issues.3 min read
Wedding photography contract cancellation should be handled with care to avoid any legal issues. When entering into any type of photography contract, make sure there are provisions included in case either party involved needs to cancel.
How to Cancel a Photography Contract
Contracts are not only used to enter into business agreements and carry out transactions, but they are also used to cancel those agreements legally and carefully. To ensure the right to cancel, you'll want to include a cancellation provision in the contract's terms and conditions. Here, the contract should clearly spell out how either party is to go about canceling its agreement.
Terminating a contract is serious business and should be handled carefully. Without considering the legally binding aspect of a contract, you could quickly get yourself into trouble. Many entrepreneurs don't fully comprehend the importance of proper contract termination and all the appropriate steps to take.
Small-business owners never want to lose business for any reason, but it is bound to happen. Whether something comes up in the life of the client, or the photographer has a conflict, sometimes there is a need to terminate the contract. Things happen.
The best course of action for canceling any form of business contract is to follow the steps detailed in the contract itself. Even if those steps seem simple, it's always a good idea to contact an experienced business contract attorney. He or she can make sure you don't miss anything and remain above the law in all your actions. You never want a contract to backfire or to cause the loss of profits or business.
Mutual Cancellation for a Photography Contract
Mutual cancellation is a good situation for the parties involved in a contract because it means they both want to terminate the agreement. This type of contract cancellation can still lead to legal issues. However, it tends to be easier to handle, as both parties want to accomplish the same goal.
When a client in a wedding photography contract needs to cancel for some personal reason, such as the groom being deployed unexpectedly with the military, or the bride calling off the wedding, the photographer can easily agree to a mutual cancellation. If there's no wedding to photograph, the photographer has no reason to cling to the contract.
When there is a mutual agreement to terminate a contract, both parties agree to release the other of its obligations. The agreement is dissolved between the client and photographer, and both can move on.
How to Form and Cancel a Contract Properly
Business agreements should always be made in writing, especially when referring to future services. In the case of wedding photography, a photographer will need to set aside time and prepare equipment to shoot the wedding. He or she will also spend hours taking pictures and editing those photos. If the photographer does not get his or her agreement in writing, the client could decide to go with another photographer, refuse to pay for photos, or breach the agreement in another way without giving the photographer any chance to collect damages.
To avoid such issues, a wedding photography contract should be well-detailed and clear. It should specify some of the following aspects of the agreement:
- When and how photos will be taken.
- How many photos will be edited and delivered to the client.
- Amount to be paid to the photographer.
- When the payment is due.
- When the edited photos will be delivered.
It is better to have a contract that includes too much detail than not enough.
Because a photography contract starts in writing, it should also end in writing. Proper contract cancellation should be well-documented. Both parties should specify the reason for the cancellation and when it took place. If any part of the obligations on either side of the contract were fulfilled before the termination, this should be stated clearly.
Templates are available online for contract cancellation documents, such as Mutual Release and Rescission of Contract or a Cancellation of Contract. These documents can prove helpful, especially if there were no provisions included in the original contract for cancellation.
Making sure that everything from the agreement to do business together to an agreement to cancel that business is in writing will help avoid any "he said, she said" arguments down the road. Anyone offering goods or services, such as wedding photography, should form contracts for his or her clients to protect the business.
If you need help with wedding photography contract cancellation, you can post your job on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.