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gg asked in Business & FinanceSmall Business · 2 months ago

Can I get sued for not giving back full refund on a photography contract? Due to the corona virus?

Hi everyone so I have a problem with a client who wants a full refund of her deposit of $100, like other of my clients who have changed their dates on their photo shoot she wanted to change hers, unfortunately the one date she wanted is already booked and she did not want to choose another date, she said all her other services have been able to give her that date except for me,

I told her that in the simple contract the she filled out it says “no refunds on canceling of due event” as she did not want to choose another date and won’t need our services I consider it a cancellation,

Due to the situation of the corona virus I offered her 50% of the deposit back $50

But she wants the full refund and started asking me for me registration, photography permit and motion picture permit,I am a independent photographer I never applied for any permit now she, is threading me to make a small case sue including the time she spends filling fir the case,

I was going to offer her a full refund before she made a sue threat against me,

It’s only $100 for crying out loud,

But now I will let her start the case,

Now my question what kind of problems can this bring me considering I don’t have those permits she claims I should have.

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10 Answers

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  • 2 months ago

    If she sue you, even a short conversation with your lawyer may cost you way more than $100.  Just pay her, apologize, hope for her to bring her business back when she's ready, and go your separate ways.

    Whether or not you or your particular products are exempt from Prop 65 labels would depend upon your exact circumstances for procurement and packaging of any plastic-based products.

    Some law firms would be only too happy to evaluate your legal risks on that, for hundreds of dollars...

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  • 2 months ago

    For $50, I wouldn't take the crap she will unload on your reputation. Makes you look scammy and cheap.

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  • 2 months ago

    In the State of California you need a:

    DBA

    You need a business license

    You need a sellers permit if you sell anything like photo albums/dvds as add-ons.

    You don't need to be registered as hazardous waste generator because you are purchasing retail dvds.

    She booked a date with, you are unable to fulfill the date for her because you are a non-essential business. 

    She is willing to reschedule but you aren't. 

    If she takes you to court which it sounds like she is, you are going to lose and you are going to lose the court costs too. 

    -- pay her her money and be done with it. 

    • ...Show all comments
    • A Hunch
      Lv 7
      2 months agoReport

      Again,you aren't going to win.  You aren't legally allowed to work.  You can't legally keep her deposit since YOU aren't able to fulfill the contract. 

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  • 2 months ago

    You know...I think she is making up your having to have those permits.

    I think she is throwing out empty threats.

    Send her a copy of her SIGNED CONTRACT and HIGHLIGHT the place that says no refunds.

    ATTACH that to a letter that says "ALTHOUGH we do not give refunds, due to the Covid-19 virus and your inability to select a different date, I am refunding to you part of your original fee.

    Write her the check for $50.00 On the back of the check, near where they endorse checks..write 'transacting this check constitutes acceptance of refund.'

    write it very small in clearly printed letters. She will cash that check. Once she does so she can no longer pursue any action against you or you cn sue her for harassment.

    • ...Show all comments
    • Nuff Sed
      Lv 7
      2 months agoReport

      Writing stupid things like that on your check doesn't change the underlying agreement one way or the other. She can legally deposit the $50 and still sue you for the rest of it.

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  • martin
    Lv 7
    2 months ago

    For the sake of your own peace of mind, give her the full refund.

    • Nuff Sed
      Lv 7
      2 months agoReport

      You've wasted more than $100 in our time just reading this.

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  • 2 months ago

    Ignore her. If she does sue just show up in court with your proof you do not give refuds if your clients cancel. That will be the end of it.

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    • Nuff Sed
      Lv 7
      2 months agoReport

      She can sue and win due to the OP's inability to deliver the agreed services, although a court may reduce the recovery due to the mutual disagreement over what constitutes rescheduling.

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  • Anonymous
    2 months ago

    She has breached the contract which clearly says no refunds.  In recognition of the situation, you've offered her a compromise which she has rejected.  you need to decide if for $50 it's worth your time to show up in court (which I think you will win).  If you don't show up, she'll get a judgement default.  

     

    Show her texts about hazardous waste to the judge in court, I think that's going to sink her case for  harassment and frivolous.

     

    If you aren't following local laws/requirements, $100 will be a cheap way out of this.

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    • Nuff Sed
      Lv 7
      2 months agoReport

      The Prop 65 warning, if that's the "hazmat" she's on about, doesn't apply to any business with fewer than 10 employees, plus the fact that any "plastics" used may already be properly labelled by their original manufacturers.

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  • Eva
    Lv 7
    2 months ago

    You'd better find out if she's right about the permits. If she is, you might better give her the money back. After all, you said yourself it's only $100.

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    • Nuff Sed
      Lv 7
      2 months agoReport

      The hazardous waste comment is bogus IN THIS CASE, because the OP may be exempt. Others in the same boat may have to provide the legally required Prop 65 warnings on plastics, among other things, or face up to W$2,500 per day in fines.

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  • Mark
    Lv 7
    2 months ago

    If you're operating as a business (and apparently you are), you need to have a business license (which apparently you don't).  I'd refund all of her money.  Maybe that will save you a hefty fine or jail time, or both.

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  • Anonymous
    2 months ago

    Some you win, some you lose. Chalk this one down to experience and give her the dizzying sum of $100 back. 

    She then hopefully might go away and leave you in peace.

     If you are going  to take people's money you are going to have to operate as a business proper. Permits, licences, insurance policies and contracts.

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