Good link Neil ... I'd also like to add ... one should never place a contract in use until is has been approved by your attorney ... there are a great many sample contacts found on the web ... however ... the subtleties of contract law can vary greatly from state to state ... what is perfectly legal wording in one locale ... is completely nullified and unenforcible in another locale ... it's always best to have your own personal Legal Eagle check your contracts over and comb out the fine details to make sure your legal business documents protect you (and your clients) as you expect them to ...

I also never use the word 'deposit' as here in Australia, if you pay a deposit and don't have a contract in place, you can demand the deposit back regardless of circumstances, so I use 'Non-Refundable Booking Fee' wording and I also explain it verbally to clients.

I also tell them once the wedding is a certainty, the booking fee payment is deducted off the final price. That also helps them make up their mind quicker.

I know of a photographer here where the client cancelled the wedding 3 weeks out, and he still had to return the $500 'Deposit' after they did a 'Small Claims' through the court on him, simply because he did not have a firm contract in place.

Also I tell [and it's worded in the contract] the clients if they book me, that NO booking is fully confirmed until such Booking Fee has been paid [I give them 3 days] and if someone comes in and wants to book the same date and I don't have the fee payment, then they will miss out. This hurries them along, 99% pay there and then.

ButchM also gave good advice, see your lawyer, which I have done, best $150 ever spent to watertight the contract.

Most important part, I worded my own contract, gave it to 2 fellow photographers and 2-3 friends to read, once they fully understood it in plain simple language, off to check it with lawyer, and she only changed very slightly bit of wording to make it fully legally binding.

One thing I will say about the deposit / retainer / booking fee ...
if the wedding is cancelled far enough in advance, I would be inclined to return the deposit. (minus any fees for the photo session, etc)

The goodwill generated might very well work in your favor.

As an example: a wedding from 3 years ago which was cancelled - I returned most of the deposit. (minus the fee for the photo session). The was-to-be-a-bride recommended me to a colleague of hers, who later on referred me to someone else who also signed me. I could've kept the $1000 and have been out of at least 2 weddings later on ... or made a wise business move, and kept the goodwill of a client by refunding the deposit / retainer / booking fee.

Also keep in mind, that on the online forums for brides, you can get shredded by a was-to-be-a-bride who works up emotions among other brides. Your wonderful contract won't mean much if the online word-of-mouth goes against you if you rely on referrals from the bridal forums.

So there is that.

I am always amazed how few photographers recognise that there are
could-be-a-bride-someday forums. And they are brutal. In an ideal world - if they didn't exist - it is better to refund the money; minus costs and get busy filling your schedule.

One fee which should not be refundable is the photo' session. Get the money within three days of shaking hands on the deal - after that your business is subject to the vagrancies of the heart.

Fortunately most weddings go ahead ... whether they last? - is a question best left to the bridal forums.