Legal Question in Business Law in California
I paid for a photoshoot with a freelance photographer with a no refund policy. He did not do the photoshoot as promised (even though there were chances for him to fulfill them that he did not take) and refuses to refund the money. He wants to reschedule instead. However, we live in different states and I don't know when he will return to my state. Is there anything that says a no refund policy isn't valid if he did not fulfill his obligation to me?
2 Answers from Attorneys
Implied in every contract is the obligation to ocoperate with each other to accomplish the contract.
If the photographer breached your contract then you are entitled to a refund. This is true whether the contract was written or oral, though the terms of an oral contract are usually harder to prove. Since I don't know what your contract says, I can't tell you whether he breached it.
It's also possible that your agreement doesn't qualify as a contract. You would also be entitled to your money back in that scenario.
You may have to sue to get your money back, which raises the question of where you would file suit. It sounds like the contract (if any) was to be performed where you live; if so, that would normally entitle you to sue locally. But many contracts contain forum-selection clauses which say where any lawsuit alleging a breach must be brought. If he gave you a written contract to sign, it may very well say you can only sue him where he lives. Courts generally enforce such clauses.
Good luck.
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