18 comments

  1. Wow this is some milloon dollar information I’m getting for free. Thanks Mr. Seun and God bless you real good!!!

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  2. Olusegun Ogunyemi · April 13, 2012

    Force Majeure literally means “greater force”. These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other “Acts of God”, war, or the failure of third parties–such as suppliers and subcontractors–to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

    When negotiating force majeure clauses, make sure that the clause applies equally to all parties to the agreement–not just the licensor. Also, it is helpful if the clause sets forth some specific examples of acts that will excuse performance under the clause, such as wars, natural disasters, and other major events that are clearly outside a party’s control. Inclusion of examples will help to make clear the parties’ intent that such clauses are not intended to apply to excuse failures to perform for reasons within the control of the parties.

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    • elophotos · April 13, 2012

      the lawyer has spoken…. thanks for the insight. I wonder if Dbanj refunds money though

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  3. Opeyemi Ojudun · April 13, 2012

    pls sir i knw you have talked about this before, but sir that was your old one, could you pls give us a copy of your renewed agreement, i wanna learn personally. thanks.

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    • elophotos · April 13, 2012

      will do that and let you know once it is done.

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  4. olekuphotos · April 13, 2012

    Well,its a hard one and not really hard per se.I wuldve given her d agreement b4 d demise of d fiance…but on a compassionate ground,I can return d money becos its unfortunate and who knows when she s getting married again,I might be d official photographer…

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    • elophotos · April 13, 2012

      it’s really a hard one. i’ll consider your advice and still use the money to secure her next wedding. thanks

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  5. Taiwo · April 13, 2012

    I would have refunded as well due to the nature of the agreement as raised in the write-up as well the nature of the circumstance-Death; a debt we all owe. That could have happened to anyone even you reading!!!

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    • elophotos · April 13, 2012

      well said. thanks. maybe i’ll just tell her we’ll use it for her next wedding or photography coverage

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  6. olushola · April 13, 2012

    In a situation where by the photographer die before the date of the wedding wht will the owner do?

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    • elophotos · April 13, 2012

      nice one. it helps to have a system in place or photographers that work with u to handle that

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  7. BBEE · April 13, 2012

    I think the best thing I would have done if I was the photographer is to put it in Written Agreement before proceeding with the bookings, so incase of situations like that the clients would have known that the money is non refundable then the deal would have been sealed after the Agreement.

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  8. Tito · April 14, 2012

    O ga ju! That’s some serious stuff o. Thanks for the clarification. I too am wiser now having read your article and knowing the practical difference between a retainer and a deposit. However were I to have found myself in such a situation with a client I would’ve sympathized with him/her and refunded the ‘deposit’. Cheers .

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  9. femmelounge · April 15, 2012

    sound business advice, very useful even for non photographers.
    it could be hard for the photographer especially if the money has been spent and he had missed the chance of booking another wedding for that date, but with good communication and understanding from both sides it can be sorted amicably.

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  10. ishootgood · April 21, 2012

    Wow, some really good advice here! I look forward for your new posts! Keep up the good work! =)

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  11. cheap wedding photographer · August 5, 2014

    The sheer amount of resources that brides here have access to puts them at a distinct advantage.

    The hidden message perversely blames the victim: “How could she have fallen in love with such an awful man. You will see many different wedding DJ prices, keep these points in mind and you will find the right one.

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