As a service provider, cancellation fees can be a tricky topic to navigate. On the one hand, you want to protect your business from losses due to cancellations, but on the other hand, you don't want to alienate your clients with unfair fees. In this article, we'll explore how you can approach cancellation fees in a fair and proactive way.
Understanding Cancellation Fees
Cancellation fees are fees charged by service providers to clients who cancel their services or bookings. The purpose of these fees is to compensate the service provider for any losses incurred due to the cancellation.
However, it's important to note that cancellation fees must be a genuine reflection of reasonable costs suffered by the service provider. These costs can include things like administrative expenses, loss of revenue, or costs associated with rescheduling and/or cancelling.
Calculating Cancellation Fees
When calculating cancellation fees, it's important to be transparent and fair. You should clearly outline your cancellation policy in your terms and conditions, and explain how the fees are calculated.
For example, you may charge a percentage of the total fee for cancellations made within a certain timeframe, or a fixed fee for cancellations made after a certain point. These may include preparation time, administrative costs, or any services performed up until the point of termination.
Example 1 Photographer (cancellation fee/deposit retained)
Let's say you are a photographer hired to shoot a wedding, you may have spent several hours preparing for the shoot, including location scouting, equipment checks, and coordination with other vendors. You may also have incurred administrative costs such as invoicing, contract preparation, and email correspondence.
By factoring in these "wasted costs" along with the value of the services already performed, the cancellation fee provides fair compensation for the service provider's time and resources, and ensures that they are not left out of pocket as a result of the cancellation.
Here's an example to illustrate how these wasted costs might be factored into the calculation of a cancellation fee:
Your client has agreed to a package that includes pre-wedding consultations, the wedding day shoot, and post-production work on the images. The total fee for the package is $4,000, with a 50% deposit of $2000 paid upfront.
Your contract stipulates that if the client cancels within 30 days of the wedding date, they will forfeit the deposit. The client subsequently decides to cancel due to a change of mind within 30 days of the wedding date.
Since the cancellation occurred within the 30-day cancellation window, the photographer is entitled to retain the deposit as a cancellation fee. The deposit of $2000 represents the photographer's wasted costs, which may include:
Preparation time: You may have spent time preparing for the shoot, including location scouting, equipment checks, and coordination with other vendors.
Administrative costs: You may have also incurred administrative costs such as invoicing, contract preparation, and email correspondence.
Services performed: You may have already performed some services for the client, such as pre-wedding consultations, which are included in the package.
In this example, the cancellation fee of $2000 reflects the reasonable costs suffered by the photographer as a result of the cancellation. By factoring in "wasted costs" such as preparation time, administrative costs, and services performed, the cancellation fee provides fair compensation for the photographer's time and resources, and ensures that they are not left out of pocket as a result of the cancellation.
Example 2 - Social Media Marketing Agency (Cancellation Fee Retained)
Let's assume that you are a social media marketing agency that charges a monthly retainer fee of $2,000 for managing a client's social media accounts and you require 50% deposit of the $2000 to be paid upfront.
Your cancellation policy states that cancellations made within the first 14 days of signing the contract will be charged a fee equal to 25% of the first instalment of the monthly retainer fee and if they cancel after that timeframe, you will retain the full deposit. If a client cancels within 14 days of signing the contract, you would calculate the fee as follows:
Cancellation fee = 25% of the monthly retainer fee
Cancellation fee = 25% x $2,000
Cancellation fee = $500
Therefore, the cancellation fee for this client would be $500 which you would retain and would refund the remaining balance.
In this scenario, the cancellation fee is reflective of the costs that the social media marketing agency has already incurred, including the time spent on calls and the allocation of resources to set up the client's account, even though the core work has not yet commenced. This approach ensures that the agency is compensated for their efforts and does not suffer a significant loss as a result of the cancellation.
The above are just examples, it's worth noting that the specific terms of the cancellation policy will depend on the nature of the services provided and the costs incurred by the service provider. In any case, it's essential to ensure that the fees charged are reasonable and proportional to the losses suffered, as we discussed earlier.
Example 3 – Social Media Marketer (Deposit retained)
Meet Jane, a social media marketer who provides a range of services to her clients. Jane invests a lot of time and resources into each project to ensure its success. She has a clear cancellation policy in place to protect her business interests and ensure that her clients are treated fairly.
Recently, Jane was working with a new client who had requested her services for an upcoming product launch. They agreed on a monthly retainer of $3,000 + GST, with an upfront deposit of $1,500 + GST. Jane explained her cancellation policy to the client, which stated that if they cancelled within 14 days of the agreed start date, she would refund the deposit, minus a cancellation fee of $500 + GST.
Unfortunately, Jane's client did not cancel within the 14-day window and instead decided to cancel the project after several weeks of work. Jane explained to the client that, since the cancellation occurred after the 14-day window had passed, she would not be able to offer a refund of the deposit.
The client was disappointed, but Jane explained that she had already invested significant time and resources into the project and that cancelling at this point would result in a significant loss for her business.
Jane had the foresight to establish systems, processes, and clear terms and conditions to protect her business interests. One such system was requiring an upfront deposit before commencing any work with a client. This safeguard ensured that Jane would be compensated for her time and resources, even if the project did not come to fruition. Thanks to her proactive approach, Jane was able to minimise the financial impact of the cancellation and continue to operate her business with confidence.
Jane's proactive approach (and those of the other examples) not only protected her business financially, but it also saved her the added stress of chasing up the client for payment. By establishing clear terms and conditions upfront, Jane was able to focus on delivering high-quality work to her clients without worrying about late payments or non-payment. This allowed her to maintain a positive working relationship with her clients and devote more time and energy to growing her business.
This and the other examples demonstrate how a clear and fair cancellation policy can protect service providers like Jane from significant financial losses while still being fair to clients. By communicating the policy clearly and upfront, Jane was able to protect her business interests and build trust with her client.
Ensuring Fairness
As a business owner, it's important to be aware of your obligations under the Australian Consumer Law (ACL) when it comes to cancellation fees. The ACL sets out a number of protections for consumers, including the right to cancel a contract under certain circumstances.
If your cancellation fees are deemed to be unfair, you could be in breach of the ACL and face legal consequences. In addition, the ACCC may investigate your business and impose fines or other sanctions. It's important to note that unfair contract terms may also be deemed void and unenforceable, leaving you without legal recourse to recover losses.
To avoid these potential issues, it's important to ensure that your cancellation fees are fair and reasonable. This means that they should be proportional to the losses you may suffer as a result of the cancellation. It's also important to ensure that your cancellation terms are clearly outlined in your contract, and that you provide consumers with sufficient notice of any cancellation fees or charges.
By taking these steps, you can protect both your business and your customers, and ensure that your cancellation policies are compliant with the ACL.
Force Majeure Events
In some cases, cancellations may occur due to circumstances beyond the client's control (or yours!). These are known as force majeure events (COVID anyone!), and it's important to have a clear policy in place for handling them. If a cancellation occurs due to a force majeure event that has impacted the client, it may be appropriate to waive the cancellation fee or provide a credit towards future services.
Clear Communication
One of the most important things you can do as a service provider is to have clear and open communication with your clients. This means not only outlining your cancellation policy in your terms and conditions but also making sure your clients understand it.
Consider adding it to your booking page, sending a reminder email before a scheduled service or booking, highlighting your cancellation policy and the associated fees on your website not just in your T&Cs, in fact add something to your invoice/email sending the invoice requesting the deposit payment. By being upfront and transparent, you can avoid any misunderstandings and build trust with your clients.
Key Takeaway
The cancellation fee is a crucial way to protect the time and resources of the service provider, ensuring that they can allocate sufficient resources and prioritise the client's project. Just make sure that it is fair and reasonable.
And don’t forget it is important that the client is fully informed about the cancellation fee before signing the contract and acknowledges and agrees that the fee is a fair and reasonable pre-estimate. By agreeing to these terms and conditions, the client agrees to pay the applicable cancellation fee in accordance with the agreed-upon schedule.
Need help? Don't hesitate to reach out for additional support.
***Disclaimer. Please read!!***
This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.
All rights reserved. © Foundd Legal Pty Ltd
