Please help! Cancelled in less than an hour due to rain.

by Lee Marie Fri May 16, 2014 6:26 am

Hello everyone! I haven't been here in a while and feel bad about asking, I promise to come back and give some feedback. It has a lot of details so that you can understand better the situation.

Yesterday I had a gig. It was at a baseball game in a park that is at least a half hour away. It was pouring rain when I was going to leave the house and I call her to ask her if the gig was still on.She didn't answer so, I left a message and started driving there (It was also traffic hour) Then she called and told me to go ahead, that she was still going to have it. So, when I was almost at the location. She said that she was cancelling. The thing is that she had paid the full amount, the day before.Then called back and said she was contacting me later to talk about refund. I don.t know what to do? I had sent her my contract by e-mail and mail, but she was so disorganized she didn't get to it. So know i don't know What to do?! How much should I refund?
Thanks in advance.

Lee

by Guest Fri May 16, 2014 11:25 am

She paid you in full. What are the terms in your contract regarding cancellation? Even if she didn't actually return it to you, she paid, so that means she agreed to the terms... apply your cancellation policy as it is stated in the contract.

She also told you it was a go and you were in transit. That, to me, would mean no refund in any case.

by DeannaB Fri May 16, 2014 11:55 am

I have agree.

by rthling Fri May 16, 2014 12:10 pm

Nope. No refund, if that's your policy.
Sad for her, but not your fault.

by anniel Fri May 16, 2014 3:07 pm

I had a client do this to e several years ago--same scenario except I did not have a retainer. She now pays in full ahead of time...

This seems like if you lost her as a client, that would be ok. If there's some reason you don't want to, you could always offer her a one-time discounted rate for a long event...but you still keep what she paid.

by Denise Cold Fri May 16, 2014 4:20 pm

IMHO, I would return everything but my booking deposit (which I personally need to increase!) I just don't feel good about taking the whole amount if I didn't paint. It was for a good reason, you couldn't really perform even if you went and it wasn't her doing.

That being said, I do have it in my contract that the client is responsible for alternative locations in case of inclement weather. It might be a good idea for outdoor events to ask ahead of time what her alternative plans are and let your clients know that they are responsible to have a backup plan because you will be turning away other events for theirs.

I know that a mad mom can do a whole lot more damage to my rep and my pocketbook than a happy mom. If you want to keep her as a possible client, I would return it.

by Lee Marie Fri May 16, 2014 7:16 pm

Thanks sooo much! You all have a great point. She did take a lot of my time and energy. She said that she didn't think she was having any other event but I wonder if I am going to loose a possibly good client. This is a big company "Bloomberg Media".

I am still analyzing the situation.Thank God she hasn't got back to me yet. My contract says that they should find a safe area for me to work and that if I get to the place and they cancel, I should keep the money.
She didn't sign the agreement but I sent it twice and if it is as Shannon said, I can keep it, if I want to be nice, that is another story.

by eviedejesus Fri May 16, 2014 11:13 pm

I would keep the retainer (if you had one) and bill her for the time that you travelled to and from. My contract not only tells them they have to have a back-up plan and location for outdoor events but they are required to specify what/where the back-up plan is. Technically although you could keep it, I would return as much as possible as long as I kept my fair share.

by veelux Sat May 17, 2014 11:20 am

I would keep the deposit as well and see if you can work out an alternate date, but charge again for travel if that was in the first invoiced amount. I used to bend over backwards for clients but realized they will take and take if you let them so have to be careful with giving that impression.

by Forest-Fairy Sat May 17, 2014 8:05 pm

Nope, don't give her back a penny. If they paid in full then that's agreeing to your terms. I have in my contract that you can't cancel on the day, and I must be paid in full. However they can reschedule within 7 days on a mutually agreeable date

Trust me you don't want to work with this disorganized woman again who cancels on you within an hour of the gig and expects a refund.

That was a day you could have had an inside booking that you set aside for her event. My contract says all events are rain or shine, and it's up to them to provide an alternate indoor location.

Even if that's not in your contract, I wouldn't refund her.

by Lee Marie Sat May 17, 2014 9:38 pm

Thanks all, I am happy with your advise.
I thought my contract was okay, but I will be adding some points that you have mention.

Lee Very Happy

by Forest-Fairy Sat May 17, 2014 11:03 pm

Sample of My contract.

CANCELLATION POLICY
1. All events are "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an alternate indoor location, adequate shelter from elements in the event of inclement weather. The PURCHASER agrees to pay the full amount contracted on the day of the event, even if the PROVIDER cannot perform due to inclement weather.

2. Cancellation of the engagement by the PURCHASER for any reason shall forfeit any deposit. Cancellation of the engagement by the PURCHASER within 14 days of the date of engagement shall also require payment of the balance to the PROVIDER, unless the same act is re-booked by the PURCHASER for a mutually agreeable date within 30 days of the cancelled date. A PURCHASER cancelling their engagement by telephone must also verify that cancellation in writing (via dated mail, email or FAX).

3. If the PROVIDER or the PURCHASER must cancel the engagement due to an Act of God, "Force Majeure", riot, strike, epidemic, or by the order of any public authority, this contract shall become null and void, all deposit and balance payments shall be refunded, and both parties shall have no further legal recourse against each other.

by TheGildedCat Wed Jul 09, 2014 1:27 pm

My booking fee (50% of total) is non-refundable and I ask about a rain plan when they're booking. If the event needs to be rescheduled after they have paid the booking fee, I tell them they can apply the booking fee to any event within 6 months. If pressed, I'd give them up to a year, but I've never had to. I've only ever had one last-minute cancellation which was due to the pregnant mom contracting pneumonia and ending up in the hospital.

You mention that she was so disorganized, she didn't get the contract? Was it a last minute booking, too? I don't know if it would have helped in this case, but I borrowed my verbiage from Linda Shrenk.

When a potential client initially calls or emails to see if I'm available, I let them know I'll hold their date and time for three days. The return of the contract and a 50% deposit secure the date and time as theirs. I follow up with them at 3 days if I haven't heard to let them know that I'm releasing the date. I rarely have to follow up.

by TheGildedCat Wed Jul 09, 2014 1:35 pm

I take it back, I had to follow up today, and this is how I phrased it:

Hi client,

I have not received a check from company name for the deposit. Just letting you know per the contract, the date was released and I have had another inquiry. I am happy to prioritize company name's inquiry for the dates, but I do need the deposit to do that. Please let me know how you'd like to proceed.

Cheers,
Julie

by FacepaintingByTanya Wed Jul 09, 2014 2:40 pm

I would follow and reiterate the terms of your contract. She gave you the go to proceed the day of the event, and canceled just before the event. That is her choice. Had she canceled from the get-go, maybe just keeping the booking deposit would be fair, but she had you load up and head her way, then changed her mind. Stick to your guns. I often find I am too nice when it comes to accommodating people's lack of planning, and it always bites me in the backside. Stick to the terms of your contract, firm and friendly.

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