Legal Question in Business Law in California
deposits
What is the percentage a photography company can ask for a deposit for high school(senior) pictures. The local company, the local high school is requiring that we use require 100% of the pictures be paid for before they will accept an order.
2 Answers from Attorneys
Re: deposits
I agree with Mr. Whipple. I have clients that are professional photographers and they all charge 100% of the cost up front for their services. It is in their contract and the client either accepts or rejects the costs.
Re: deposits
So they want payment in advance. That is legal and perhaps even reasonable.
Actually, there's no real legal reason why the photographer couldn't charge 110%, or 500%. The seller sets the price and terms; then the buyer decides whether they want to buy or not.
When there is but a single source of a good or service due to a government-induced monopoly, we often have price regulation; for example, electric rates are regulated because you basically have one supplier. That is sort of the situation here, too, but so far the California legislature has not created a School Photography Rate Commission to set prices and terms, so it still functions as a kind of unregulated monopoly and you just have to live with it.
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