Legal Question in Entertainment Law in Wyoming
In regards to a business that provides a service at the customer’s venue/home/location, when making a contract to protect profits expected to be made for a reserved time slot in the case of cancellation, does it matter if I use ‘deposit’, ‘non-refundable deposit’, ‘booking fee’ or is there another word/phrase that should be used. What is the difference between these terms? And are they generally accepted or state specific?
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1 Answer from Attorneys
All that matters in this context is that the intention of the parties is clear. You have to make sure however you refer to it that it makes sense and is not confusing. If any advanced monies are non-refundable make sure that is clear. You may want to offer a brief explanation for why it is non-refundable. That is, a court may conclude that even though the contract said it was non-refundable it was still unjust enrichment for you to keep it. But if you, for example, are saving the timeslot like a hotel saves a booking and would be financially injured if they canceled last minute then this is usually a good justification.
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Frank
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