What happens to booked weddings when a wedding photography business is sold?
Booked weddings do not move automatically. Each couple signed with a named photographer, so the buyer and seller need to agree who shoots each date, how retainers and deposits are handled, how couples are told and how galleries for past weddings are delivered. Ask your lawyer whether couples can say no.
A wedding is a once-only event with a specific person hired to capture it. When a wedding photography business is sold, the couples who already booked did not agree to a new owner. That makes this different from a business where customers buy a product. Plan for the conversation with each couple before you plan the sale price or the closing date.
Who shoots the dates already taken
Start with a schedule of every booked wedding, the signed contract and the photographer named in it. Decide who will shoot each date: the seller, the buyer, or an associate. If the seller stays for some dates, record that in the purchase agreement. Compare it with the similar issue in what happens to wedding bookings when a florist is sold.
Retainers and deposits
Couples may have paid a retainer for a service not yet delivered. Ask how much of that money the seller still holds, and whether the buyer takes over the work, a credit in the price, or a refund. An escrow holdback is one way to cover the risk. Your lawyer can say how the contract terms apply.
Telling couples
Plan the message together, and send it early enough that a couple who is uneasy has time to respond. Offer an introduction, samples of the new photographer’s work and a plain answer on what happens if they would rather cancel. A couple who learns of the sale from someone else may feel misled, whatever the contract says.
Galleries from past weddings
Couples from earlier years may still expect to download or reorder their photos. Ask where the files are kept, how long galleries stay online, and who will answer those requests. Confirm in the agreement that the buyer receives the files and any rights to use them, and ask your lawyer whether privacy rules apply to the couples’ images.
Related reading
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Legal
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 02Business Development Bank of CanadaGovernmentMajor pitfalls to avoid when negotiating a purchase agreement
- 03Office of the Privacy Commissioner of CanadaGovernmentPIPEDA requirements in brief
- 04Canadian Intellectual Property OfficeGovernmentA guide to copyright
- 05Business Development Bank of CanadaGovernmentWhat are the steps to buying a business?
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