Photographer cancelled but kept money...

Does the contract specifically say that if she cancels she keeps the deposit? If not you are entitled to a refund, otherwise, yes this would be considered a scam. Anyone could book gigs then cancel after being paid.

It’s pretty standard to not get your deposit (mine was also 50% of photography total) back. Some vendors are returning them out of the goodness of their hearts, but in my experience so far not one has offered to do so. They really don’t have to, as per contract. You’d be hard pressed to find a vendor that doesn’t have “deposits are non refundable” in their contract.

View Quoted Comment But even if THEY are cancelling and not me?? That doesn’t make sense to me at all. Why not cancel on every client then and make half of the money without doing the work?

View Quoted Comment
This is it.

View Quoted Comment Ok, so did they find someone to replace them? If not then they are not fulfilling the contract and you are entitled to a full refund. However, if you said 'no' to a new photographer, then you are breaking the contract and will be refunded half. Write everything down;get proof that they are not offering an alternative photographer. This will hold up under any legal scrutiny.

View Quoted Comment I do not mind a replacement. I am not picky and this wedding has been so stressful I really don’t care, I just want her to find someone. As of now, she said she can’t find anyone but yet is keeping had of the money per contract.

View Quoted Comment Is this an appointment or an emergency? She has to provide proof that she has an emergency (never heard of a planned emergency) and that she is making an effort to find a replacement. Sounds like she works for an agency, can you contact them directly?

Unfortunately it looks like you are only ever eligible to half a refund. My concern is it sounds like she hasn't even attempted to find a replacement for you.

Document, document, document everything. Keep all text messages, etc. If you have a phone call, send her an email recapping what you discussed so you have written evidence. Ask her constantly about what efforts she is making to find you a replacement photographer, but also do your own homework to find someone. After the wedding, if she didn't find you a replacement photographer you can use this evidence to sue her in small claims court for your deposit back. I don't know if you will be successful or if this is a path you want to pursue. Good luck, either way! Sorry you have such an awful photographer!

View Quoted Comment Thank you for the advice! It’s just crazy to me that someone could even do this. But I should have read the contract in full, too. Hopefully she will find a replacement.

The contract says if she has an emergency, she will try to find you a replacement. Otherwise, full refund. The contract does not address what happens if SHE cancels for a nonemergency (because who would do that??)


I'd file a small claims suit. It costs about $50 to file and in my state at least, it's all self represented.
What she is doing is super unprofessional. She should give you a full refund since she is cancelling for a nonemergency

I would say she need to provide all as she clearly isn’t having a medical or an emergency. You are willing to accept a different photographer. I would push her to pay all back. Otherwise she’s going to court.

You said you have moved the date 3 times. Did you re-execute or amend the contract each time and did you specifically do that for this last date? I ask because if you didn’t get a new contract for this last date change then it seems like she wouldn’t be obligated to appear on your 3rd date (as if you cancelled your 2nd date).


But if you did sign an amendment or new contract then I’d think that 12.1 would apply and she’s first need to try and find a suitable replacement before keeping the deposit. (but 12.1 would only be if the photographer couldn’t attend for a medical reason or emergency which I agree with PPs you should request verification of before foregoing your deposit). This same clause was in my contract so it’s pretty standard but I agree with PPs she first us to attempt to find a suitable replacement so you should ask her to do so.

View Quoted Comment Actually, I realized I never signed the contract at all lol. She sent it to me through email but I read it and paid the fees and never signed. 🤦🏻‍♀️
Thanks everyone for the pointers!

Gosh, I'm so sorry! I'm reading this thread as a photographer, and I can't imagine keeping someone's money if it's *my* fault for cancelling. My contract says that if I am unable to find a replacement (if I'm sick, etc) and they are left hanging without a photographer, I owe them a full refund. Because that's the right thing to do.