Cancelling Advice.....

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LoudspeakerDJ

LoudspeakerDJ

New DJ
Nov 16, 2006
116
0
48
Well, I never dealt with anybody this dificult before.

I created her contract on December 18th of last year, and her wedding is on 5/27/07. After contacting her several times, she finally sent the deosit via paypal for my required amount of 50 dollars. No contract return though. i sent it 3 times to her email, after the 3rd time she said she couldnt open it.... Bull-crap, i sent it in pdf and in html. If she has internet she should be able to open this file. Finally, I sent her per her request another contract by mail. I even included an addressed and stamped return envelope for her to return it in. Well it has been 3 weeks now, and still no contract. Here is the delemma.

I dont want to do her event. I think she is horribly rude, and I dont want to work for her. Never had this problem before. On my contract is says to reserve date a signed contract and deposit must be returned within 10 days of the contract date. Obviously she did not do both, but did give a deposit, so I know she wants me to do her wedding.

Can I cancel this thing and just send back her deposit maybe by certified mail or something like this?

Ever been in a similiar situation? I should probably just suck it up huh?
 
No signed contract and she's rude? Did you sign the copy that you snail mailed? If not, return her deposit and let her find some other lucky DJ.

I won't work for people that don't respect me or the way I run my business.
 
jfactor1 said:
No signed contract and she's rude? Did you sign the copy that you snail mailed? If not, return her deposit and let her find some other lucky DJ.

I won't work for people that don't respect me or the way I run my business.
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I sign the contracts when I Receive them signed by the client. I then return a signed copy to them for their records.

Thanks for your thoughts. Anybody else?

P.S., Sorry about the grammar in the first post. I've got to start reading those things before I hit post!
 
I'm with Jay on this one.
 
If you really don't want to do this and you have not signed the contract, I'd make sure she is notified by mail (signature required) that you are unable to provide services and make sure that her money is returned.

On the other hand, we had one last year that was quite a handful, up until the morning of the wedding and her reception ended up being one of our most enjoyable events that we've done.

Whatever you decide, I'd make sure that you take care of it ASAP.

Good Luck in what every you decide.

Kirby
 
Well for what my opinion is worth...

By your admission, this client has not fulfilled her end of the bargain by returning a signed agreement within the required ten business days. Therefore you have no obligation to the client.

If you prefer not to do business with this client, you may refund her retainer fee via company check accompanied by a letter expressing your regards. Send via registered mail.

On the other hand, if you'd prefer to pursue the engagement, contact the client via phone and urge her to return your agreement post haste. You may also wish to remind her that a retainer payment does not guarantee the date. A signed agreement for the date does.

If it's any help I have worked with a few of these folks before. Often, a person comes across as rude and/or unresponsive when in truth he or she is just very busy. There is much to be said for giving people the benefit of the doubt.

Hope it helps. :)
 
I had this exact thing happen...

I sent the money back by certified mail (signature required). Within three days, she had mailed me full payment and signed contract.

I regret accepting this gig anyhow... it was the WORST wedding I've ever done in 16 years... I should have known.

The conduct being exhibited toward you should send up a red flag!
 
LoudspeakerDJ: There is no obligation on your part (opinion based solely on the total information you've provided here) to accept this client or engagement. There is also no need to send anything registered or certified mail as long as this client does not have your signature on a contract.

I would email her just as you have in the past, tell her the proposed agreement is past the deadline and (most importantly) that her event day, date, and time are no longer available to her. You do not have to say why, just that it isn't.

Then return her contract signing payment back to her via PayPal if that's how you got it from her.

Then, kick the dust off your sandals and move on to the next more friendly people.

Many may consider this heartless, cruel, and reputation destroying, however history and experience will eventually bear witness that responding to these such clients in like kind, using identical mannerisms, and no nonsense enforcement of one's contract, future pain and agony will be avoided.
 
If she has not done her part, then the agreement it void. I have a clause on my contract that says if I
(DJ Kreation.com) decides to cancel, then I will refund the deposit and send it to them by Registered/certified mail.

If they do not pick up the mail and it gets returned to me
then DO NOT OPEN IT! keep it sealed as it is stamped by the post office. if you ever went to court, then the judge can open it right there and view the contents.
I am an Insurance broker, this is how the Insurance company cancels with a client.

In you case, there is sufficient time to do this, do it asap.
 
Kreation :
If she has not done her part, then the agreement it void. I have a clause on my contract that says if I
(DJ Kreation.com) decides to cancel, then I will refund the deposit and send it to them by Registered/certified mail.
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This isn't the issue here as yet. There is no contract. Nothing stated or said inside or on that piece of paper has any value, worth, or matter at this point in time.

Plus, one cannot "cancel" a contract. Mutually agree to set it aside? Yes. Breach it? Yes. Cancel it? No.
 
Kreation : Excellent catch. It was a PayPal transfer and if it was clicked "accepted" before the physical contract was received, this might be viewed by her as an acceptance.

If the contract clearly states receiving both the signed agreement and the contract signing payment are mandated as part of the mutual consideration, it again falls short of anything out of the ordinary, as by accepting payment only half the contract validation terms have been met.

By sending it (the $50 fee) back the way it came (PayPal, with its associated fees he's now incurred), if she accepts the payment transfer, he's double free and clear. Yes? No?

Registered/certified mail would seem to be the final choice, both from a time and an expense issue, after all oither faster, simpler, less expensive means have been exhausted.
 
Hopefully she will accept the paypal refund, if not then send a chq along with the noitice of cancellation (again this is assuming the payment was already taken from the client), if not, then theres not deal or cancellation to speak of. so no issue.
 
Kreation : Man, did you open a can of mental worms.

When one gets paid by check, and it bounces, we charge the customer for the check fees. Solid contracts generally (or should have) have a provision to cover the "what ifs" of a bounced check, both in terms of recouping expenses and non-performance obligations.

When one accepts PayPal, we get charged a fee. Bang. On the spot expense. How do we subtract the fee from a refund/rebate? Is there a PayPal policy that allows for no transaction fees in rebates/refunds? Does that policy need to be contractually stated? Clearly stated in the pre-contract negotiations?

The vig on $50 is nothing, but what about the vig on $600? $900? $1,200?

See what you've done???????
 
Lol, sorry to make things complicated.
Personally I would refund their FULL amount. Therefore I have not taken a penny of their money and I would take the paypal fees as my own business loss. This way I have not accepted anything from them or charged/deducted anything. This would look much better in court. Imagine what the judge is going to think of you if they think you do this to alot of people and only charge them fees...a scammer.
Just wash your hands clean of them, completely. The client can't accuse you of anything.
I don`t think paypal will refund you for the fees because you accepted the origional payment.
sorry for the spelling, but you know what Im sayin
 
Maybe this bride is just a big bundle of nerves.

Maybe she has a busy job/career and doesn't have spare time.

I would give her the benefit of the doubt, giving her ONE WEEK to return the contract -OR ELSE-

then, if no signed contract received, proceed with refund/cancellation notice as mentioned by everyone (above).
 
Kreation : While I understand your intentions, the purpose of all this contract thought is not to win the case when we go to court, it is to stop it from ever getting to court in the first place.

There are self imposed costs I will eat, though very few. Anything out of the ordinary that costs me profit dollars is passed directly back to the causation of the expense. What ever the choice, be consistent.
 
well no one wants to go to court, Im just sayin not to give them anything to hold against you.
do it in a way that if it ever did go to court, youve covered your butt.
I agree that if the fee is high, its hard for the business owner to eat it. You could put that in the letter when you send the refund back, telling the client that the fees have been decucted from the deposit. if you want.

a side note,
what I do, is I don`t take such a small deposit, I take
50% upfront as a non-refundable booking fee. the remainder is due 2 weeks prior to the event date. The booking fee is required when the contract is signed, received and approved (meaning my signiture is finally placed on it). I explain that it is non-refundable.
If they pay me in full, and then cancel within 30 days of the event, then the full amount is charged. I know this seems harsh, but banquet halls keep a $2000 or more deposit, so do caterers, why shouldn't we. I may not be able to book anyone else and may have turned some business away by then.
 
Kreation :
the remainder is due 2 weeks prior to the event date
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then
then cancel within 30 days of the event, then the full amount is charged.
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Why don't you make your final payment due at 30 days out? That's not harsh, that's smart! Mine is 90 days. (Yep final fee due 90 days in advance, which has eliminated all that contract cancel garbage.)
 
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