I hired a photographer to take photos at my wedding. I was given a contract to sign and paid the requested deposit. One month before my wedding the photographer called to say that she had another booking on the same day, which she said she had not realised before. She said that she will not be able to photograph my wedding but will send her brother in law who had recently started his own photography business. I would rather get my deposit back and look for someone else, but the contract she had me sign makes no mention of refunds. Is there any way I can get my money back?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Dilani Mudalige, Yokine 6060 WA
- The first thing to do is to check whether your contract has a clause allowing the services to be subcontracted or the contract to be assigned.
- If so then the photographer may be able to get her brother in law to do the work as long as she meets any other requirements specified in the contract regarding assignment or subcontracting. For example it may require her to give notice to you in writing.
- Sometimes an assignment or subcontracting requires the other party’s consent. If this is the case you can withhold your consent thereby preventing the photographer from getting anyone else to do the work. Some contracts may specify that consent cannot be unreasonably withheld. You have probably hired the photographer for her artistic style and experience. Therefore it is unlikely that any refusal by you to consent to another person doing the work will be considered unreasonable.
- If your contract does not refer to assignment or subcontracting then the photographer must complete the work herself.
- The deposit you paid in these circumstances is to cover the photographer for any expenses she may incur or bookings she would have lost in the event you cancel.
- Even though the contract does not refer to a refund if the photographer is not able to provide the services which she received the deposit for through no fault of yours she must refund the deposit to you.