Wedding Photographer Cancellation - unreasonable?

Wouldn’t cover this…

This is why I could never be a business person

Working for a regulator in a specific industry it really opened my eyes to how many people just blindly sign contracts/terms of business without reading them. The time to question the terms of the contract is BEFORE signing, not afterwards. If your sister had read them she could have decided there and then they they were unreasonable and took her business elsewhere.

The courts may take a different view but from a regulatory perspective you get nowhere if you've agreed to and signed the terms and conditions because if a business has laid out the specifics and you agreed to them how is the business unreasonable?

On a personal level though I think he's a horrible bugger and I'd definitely leave a stinky review.

Hi OP, I totally agree that the photographer is being unreasonable in demanding the full amount. Also, extremely tactless and insensitive in emailing your sister on the proposed wedding day. I'm not business minded in any way but I am assuming if the contract says 9 months and that was signed by your sister, then he is legally allowed to request the full amount. I agree that this seems a harsh judgement. Some would say this is the world of business. Would you consider writing to the company again and request some discretion in view of the circumstances?
I hope your sister is doing OK; you sound like an amazing sister

I was all prepared to say yabu however thinking you were going to complain over despite. He chose the deposit amount, that is what a deposit is for, why else ask for one? Nobody would book if he expected payment in full up front but that is effectively what he is saying. Also, over 6 months notice is plenty, it's the nature of his business that sometimes people separate before the big day, and his costs should be correctly factored in.

On top of this, he was paid 500 to stay at home that day! That is much more than most people make.

I think he is being highly unreasonable. I would probably suggest you make others aware of this because I'd want to know.

I haven’t read every comment so apologies if this has already been said but I’d be asking for proof that he actually tried to get other business… if a reputable sought after photographer posted on their website or social media pages (if they have them) that a cancellation had come up, surely they would have had some interest! At the bare minimum you could have surely used his services for a family shoot or gifted someone else the deposit or something but telling you the day of that he was unable to fill the slot is utter bullshit! Did he even check if they had reconciled or whether it might have gone ahead? Did he actually try & replace the business or did he just sit on his arse knowing it was written into the contract & she would have to pay regardless so didn’t bother doing anything?!

Wedding insurance

remember the important word ‘reasonable’ as in the test in law would be ‘what would an ordinary, average person think was reasonable on this situation’

my thoughts are that 7 months is plenty of time to re-market the date. If I were the judge I would be asking how many people did they turn away for that specific date after it was booked? If the answer is none, well not having a booking would result in no material loss. If the answer is lots, then I would wonder why after you booked it why no one wanted the date.

cancelling 1 month before would be unreasonable. The chances of a last minute booking in the wedding industry is probably slim. 7 months is a reasonably long time but after about 6 months then perhaps it would get harder.

I would want to know what efforts they went to to get another booking.

ultimately I think if you took to court you would stand a reasonable chnace of getting your deposit back on top of not paying the balance.

i would tell them to sue you for it and see what happpens. Chances are they won’t as too much hassle and expense from their side.

I can see both sides. It is awful & of course there is the emotion & heartache it’s happened to your sister. However the photographer also has a livelihood, unfortunately you don’t know how often this happens and sadly they may have had a run of these & suddenly income is massively down. This is the exact reason for a cancellation policy, so that everyone is treated the same and there is no doubt, it was agreed to when booking accepted, obviously no one foresees separations but trust me they are more common that you’d think.

Just because you have roughly calculated costs v bookings, it is likely you are way off, there is the time to edit, equipment etc / nothing is just pure profit.

as much as it IS rubbish, I think you will have to negotiate to get a settlement that both parties agree on.

I am sure some other things such a dress etc would need to be paid/collected and bands may not be able to fill a date or may not get a wedding booking therefore income
is reduced. There may be things that were paid that won’t be returnable etc.

it really does suck but I don’t think the photographer is wrong - possibly insensitive to send on the actual day wedding should have taken, I’d have expected it when they would be chasing final balance had it gone ahead.

Name and shame all over social media. Twats want to act like twats they can be treated like them too.

I would respond outlining the fact that the deposit is void because there is no reciprocal compensation in the contract, and also mentioning the sections of the Acts highlighted by @CandyLeBonBon.

I'd say that you're prepared to honour the deposit as a gesture of goodwill but you will reconsider your position if he continues with his unfair claim, or does not respond to this email accepting the terms of your offer.

He sounds like a twat but ultimately your sister signed a contract. I don’t think he’s unreasonable to push for it to be upheld. Of course your sister didn’t expect the relationship to end, no one does but the possibility was presented to her in the contract and she signed.

Whether or not the contract is legally binding or would stand up to appeal is a different thing entirely.

Also, in response to “how does she know he didn’t get another booking” she doesn’t. Just like the photographer doesn’t know whether the wedding was actually cancelled or they got a friend to take photos instead.

The fact that he says it is their "policy" suggests it is not a contractual term, so reckon he is winging it. In general people only use this expression when trying to get away with something dubious. Even if it was in the contract I suspect it would be unfair and I wouldn't pay, or maybe make a (very) small offer in full and final settlement.

Keeping the deposit is fair as you've said, he had 7 months cancellation notice which is more than enough time to rebook or to plan for it. He's being unpleasant because he knows he's a chancer

My first, in the late 1980s, was arranged in three months. Second in mid-1990s took six weeks.

Yes people book 1-2 years in advance. Others don't. I think we arranged ours about 9 months ahead.

There are also other family events like christenings, anniversary parties, big 0 birthdays. You might not get the same money for those, but you can still mitigate your losses.

I simply don't accept that a wedding photographer can't rebook 7 months ahead.

9 months is a very long time, you would think he'd get another booking by then, especially if peak wedding season.

Having said that your sister signed the terms, so...

They are prepared to pay the deposit, that isn't the issue.

He’s being unreasonable, his contract wouldn’t likely stand up in a court.

Was the £500 called a deposit or a booking fee? Photographers can't actually take a "deposit", it needs to be a booking fee. Plus 9 months is ridiculous term to take full payment, they could have 100% got a replacement wedding for that date if they are as popular as they seem to think they are.

Wedding photographers wife here. I vote YANBU and YABU

here's why YANBU:

• Its unusual for a photographer to have a £500 deposit, especially for a package that is only £1800
• He should not be demanding full payment, only loss of deposit.
• He is rude and insensitive.
• He should have insurance etc
• You are right about the steps he should be undertaking.

Here's why YABU:

• Most people book their wedding dates years in advance, DH has weddings in his diary for 2027. This photographer may be rude but he is right when he says he's unlikely to fill the date.
• £200,000 a year? Are you kidding? My DH struggles to get bookings as there are so many photographers out there and couples always want the cheapest package. Yet whilst couples pay less, his costs go UP - paying any assistants, paying album suppliers, printing suppliers, advertising costs, cost of film / memory cards, replacement cameras or broken parts, drone costs (every couple wants a drone shot), sometimes churches charge photographers to photograph inside, then there's taxes and other bills. But you obviously think he just turns up, does a few clicks and gets paid a fortune for doing that.
• Did the bride take out any wedding insurance?
• Did the bride sign any contract with the photographer, she needs to dig it out and see what she agreed to do in a cancellation situation. If she agreed to pay the full amount, she may have to do that.

I wouldn’t pay, it’s unlikely they’ll take her to court 🙂

I tend to find the planned faster weddings use or just have smaller bugets we planned ours in 8 months and our photographer was under £400 as we picked a hobbiest as was no way was we spending over a grand on photos.

Both weddings I’ve been to this year have been arranged in under six months - both Saturdays too. Older people if that’s a factor. So bookings do come up if hugely in demand photographer I’m sure

People book weddings 1-2 years in advance

7 months is not plenty of time unless you’re a budget supplier