we had a photography (healthy) for our wedding March 21.2020. We explained how we needed to canceled our wedding due to health concerns for family (older than 60) and my mom was quarantined for the coronavirus recently. In her contract said she can’t refund any of it but only can only give us a credit. Looking at her contract it says only the retainer is not refundable while the remaining balance is due on day of wedding. Can we still get a refund for anything?
“4. In the unlikely event that the photographer is injured or becomes too ill to photograph the event, photographer will make every effort to secure a suitable replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. If the client does not want the photographer to find a replacement, the contracting party may choose to receive a refund instead.
5. On signing of this agreement by both parties hereto, the photographer will reserve the date and times agreed upon and will not make another reservation for the specific date and time frame. For this reason, all retainers are non-refundable
If CA is under a lockdown, preventing gatherings such as wedding receptions, you may be able to argue impossibility as a basis for the breach. Assuming you still intend to marry, rescheduling the event and her services would seem to be logical.
Without reviewing the contract in its entirety I cannot answer your question. Also, assuming that the wedding will be rescheduled when the coast is clear, have you discussed rescheduling with the photographer?
Your contract clearly states it is non-refundable where you are the one requesting the cancellation. You can take it to small claims and see if judge would buy into any "impossibility" type arguments but I would not be overly optimistic on these facts.
