Another photography legal question...

[BuZzZeRkEr]

If a potential client has not paid the downpayment and delivered a signed copy of the contract to me (the contract for their review did NOT have my signature on it), and I book the date to a different client who has paid me the downpayment and signed the contract...am I legally liable to the first client who has not produced a downpayment or their signature on the contract?

 

[IgsEMT]

Legally - consult a lawyer.
In practice, if they signed the contract and gave deposit, THEN you are obligated.

 

[jubb]

I doubt it will ever come to lawyers. It's more that you will piss people off and get yourself a bad reputation if you screw with them.

Just out of curiousity, is this addressed on your website anywhere or was it discussed when they setup that date. I mean do you address what actually reserves a date.

 

[battletone]

If a potential client has not paid the downpayment and delivered a signed copy of the contract to me (the contract for their review did NOT have my signature on it), and I book the date to a different client who has paid me the downpayment and signed the contract...am I legally liable to the first client who has not produced a downpayment or their signature on the contract?

Are they delinquent or late in some way? Did you just book the other gig while waiting?

If they don't make the down payment I don't see why you would even give them the date. But if you told them it was okay and you will take the down payment at a later date, I would think depending on local laws, you might not be in the clear. But then they do not have a copy of the agreement with your signature, so you might be good.

 

[misol]

yeah in the future, dont obligate until the payment and contract is in. Spell this out. For now, smooth it out. You dont want to be that jerky photographer everyone complains about

 

[mtfd635]

Obligation is obvious, though what is the expectation of the non-sig, non-pay party?
How long have you waited? Do they know and have understanding of not signing in a reasonable time. Did you document initial and reminders? Did you inorm party 1 that time's a'wasting?
Legal may well be clear though word of mouth has much farther reach

 

[KmH]

If a potential client has not paid the downpayment and delivered a signed copy of the contract to me (the contract for their review did NOT have my signature on it), and I book the date to a different client who has paid me the downpayment and signed the contract...am I legally liable to the first client who has not produced a downpayment or their signature on the contract?

Not enough information to go beyond being able to say....It depends.