Wording on a cancelation letter?

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S

So Cal Hugh

DJ Extraordinaire
Mar 8, 2008
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Cheyenne, WY
www.anewsong.com
I have a client who will not communicate with me at all. I need to cancel her contract and return the money.

Any ideas on wording for this letter? I am sending it to her with her original check and it's going certified.

No details here. I just need to do this.
 
Be careful .. does YOUR contract allow for one-sided cancellation due to non-communication? Unless they have also missed payments, I would guess this reason might not be accommodated in most contracts (it isn't in mine unfortunately).
 
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Just be careful, as I don't know what the legality of the check is .. whether it can stand in as a "pseudo" contract endorsement, unless your contract states that the contract itself must be signed, returned and then signed by you to be valid.
 
I've thought of that. The cancelation letter is one step away from what I want to do now anyway, but I am sure that it is going to happen. Thanks for the heads up. I am trying to cover my assets here.

Anyone else have any insights? (Not that I want you to bow out of this, Steve!)
 
What does the check represent?
When did you request it?
Why did you request it?

If you requested this check to hold the date and you accepted it but, failed to deposit it then you can not cancel without liability. Your service agreement is only "late" - she has not failed to return it.

The time and requirements to perfect the agreement had to be disclosed up front before you accepted the check.

It's mostly irrelevant anyway because if you start playing games with her or get all controlling she's going to want to hire someone else anyway. I can't see anyone wasting their time chasing some DJ in small claims court unless her wedding is like two weeks away and you you are really screwing her over.
 
Update -

My wife had the idea for me to send this email (much better than the last one I tried to "scare" her with!) and it worked. She got back to me ASAP and reconfirmed her booking. Here is what I sent -

"
Hello XXXX,


I wanted to send you another email about your wedding. It is my sincere desire to be there for you and your loved ones, and help to make the day amazing. At this pont I am not feeling too comfortable about our lack of communication. I hope that you understand that it takes me a great deal of time to properly prepare for a wedding. It is my desire to have that time for yours as well.


Please get back to me with the information that I requested below. It can be a few minutes of time on your part, but it helps me to craft the memories that a wedding celebration deserves. At this point I am not sure of the time or location, both of which are pretty darn important for me to have on hand.


If there is anything else I can do for you in the meantime, please don't hesitate to contact me. It is my deep hope that my efforts are understood by you as an attempt to make your day great.


At this point I have to let you know that if I don't hear from you by Monday, April 4th, 2016, that you no longer need my services. If that is true, I will gladly return your original check, and wish you the best of luck with your new arrangements. It will sadden me, but I respect that choice, as well.


I hope to hear from you, and look forward to being a part of your celebration!


At Your Service,"
 
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So Cal Hugh said:
It will sadden me, but I respect that choice, as well.
Click to expand...

If you haven't sent it yet, leave that line out (and also take out 'pretty darn' in the second paragraph).
 
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Your email is too long, too emotionally involved, and not serious enough.
The more you say, the more ways it could be used against you.
(not necessarily in a LEGAL way...)
Less words...simple, direct, and straight to the point. No emotional baggage.

"After several failed attempts to contact you,
I have no choice but to CANCEL my appearance at your event on (May 20th.)"
I am returning your payment of $300."

Your name
Your phone number
Your email.

Don't use phrases that imply a contractual arrangement.
("our agreement" "deposit money" "your event", etc)
You are not a part of any "event", you are only canceling an appearance.

Oh yeah, send it certified mail.
 
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While it doesn't help you much now, I generally do not cash a check until a contract is received (I may make an exception for a repeat customer, but not a new one). That way, if I am unable to get them to return the contract, I can simply write void on their check and return it to them with a note that I can't accept their check because I have no contract (in a few more words). Then I do not have any obligation regarding accepting payment being a sort of contract. The only possible reprocussion then is them claiming a verbal contract which wouldn't go far in court.
 
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Ausumm said:
Your email is too long, too emotionally involved, and not serious enough.
The more you say, the more ways it could be used against you.
(not necessarily in a LEGAL way...)
Less words...simple, direct, and straight to the point. No emotional baggage.

"After several failed attempts to contact you,
I have no choice but to CANCEL my appearance at your event on (May 20th.)"
I am returning your payment of $300."

Your name
Your phone number
Your email.

Don't use phrases that imply a contractual arrangement.
("our agreement" "deposit money" "your event", etc)
You are not a part of any "event", you are only canceling an appearance.

Oh yeah, send it certified mail.
Click to expand...

Mike is 100% correct, your email was too wordy and much too emotional. Just for future reference, these should always be just a few sentences long, to the point, and polite. You can get the same result (move them to action) and it's much more professional sounding. Good luck with your event. I'm glad it worked.
 
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Valerie Hicks said:
While it doesn't help you much now, I generally do not cash a check until a contract is received (I may make an exception for a repeat customer, but not a new one). That way, if I am unable to get them to return the contract, I can simply write void on their check and return it to them with a note that I can't accept their check because I have no contract (in a few more words). Then I do not have any obligation regarding accepting payment being a sort of contract. The only possible reprocussion then is them claiming a verbal contract which wouldn't go far in court.
Click to expand...

I didn't cash it.
 
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So Cal Hugh said:
I didn't cash it.
Click to expand...

I know it doesn't help your situation, but let me share something. I rarely ever receive checks anymore. All my bookings are done online. Any time I get a booking, I use Square to send them an invoice for the retainer. In the NOTES section, I then cut-paste my booking agreement. It stipulates the terms of the agreement and by paying, they've just given consent. No more trying to mail contracts and holding payments. The whole thing takes seconds to complete.
 
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Valerie Hicks said:
@rickryan.com do the terms provide the event specifics then to replace a contract? Date/time/location/services provided?
Click to expand...

Yes. I put event specifics and what's included into the line item area. I put my standard boilerplate agreement on my site so whenever it's time to write a contract, just cut-paste from there. I can also do addendums or strike-thrus, if needed. So far, it's working out very easy and the clients seem to love it. It also gives me an easy list of who has and who hasn't paid yet.
 
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What happened to just simply emailing a person a contract and having them sign it? You said that email worked. That would suggest she got back to you. If she didn't then it didn't work. I would suggest you send an email and send it by certified letter as well to cover your bases. Some people like to use texting to get with someone (which I hate even though I do it). Just call me and be done with it already. Some people prefer you send them an email. Some want to talk on the phone like me. Some will respond when they get a letter. Just need to find out how a person likes to communicate and take it from there.

I agree to make it short and sweet. I would ask if they are having difficulty with anything and can I be of assistance? Try to show them you're willing to help them out so long as you get what you want in return.
 
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