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Contracts, Forms & Binder Info Discuss the paperwork you use when working with your doula clients. Have a form you'd like to share with other doulas? Add yours and view other examples in our Downloads section.


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Old 03-30-2008, 09:40 PM   #1
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Do you put a "right to cancel" in your contract?

I'm going back over my contract, and I'm wondering if many of you put in a "right to cancel" clause in your contracts--such as "with both parties signature this contract can be cancelled 4 weeks prior to the estimated due date. The deposit will not be refunded, but no other fees will be due"

Does any one do that? Why or why not?
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Old 03-30-2008, 09:59 PM   #2
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No. Because I would have to pay them back and that money is already spent!

If I had a client that wanted out, I of course would let them, but I wouldn't pay back my fees.
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Old 03-30-2008, 10:08 PM   #3
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I have a receipt (I can share, if anyone wants to see it). And in it I state that if they should to release me after 6weeks pre birth day I get my full fee. The deposit is non refundable.
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Old 03-30-2008, 10:12 PM   #4
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My contract says that clients can cancel in writing any time until 38 weeks, and that I will refund their fees minus the deposit. They can cancel for whatever reason they want, but unless they cancel before 38 weeks they don't receive a refund.

I don't have anything in my contract about cancelling my own services, but I would reimburse any money the client had already paid (depending on the reasons for me cancelling and how much time I had invested in them).
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Old 03-30-2008, 10:29 PM   #5
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My contract states that if they cancel, I retain all the money received to date.
<sp>
If they cancel due to a scheduled cesarean, I keep the deposit (half the fee) and return the balance, unless they want me at the hospital anyway. And in reality, about 1/2 the time, they tell me to keep the second half anyway.
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If I had to cancel, I would probably refund whatever they had paid to date for doula services.
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Old 03-30-2008, 11:04 PM   #6
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Quote:
Originally Posted by Amandoula1980 View Post
I have a receipt (I can share, if anyone wants to see it). And in it I state that if they should to release me after 6weeks pre birth day I get my full fee. The deposit is non refundable.
Amanda, what does that mean?
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Old 03-30-2008, 11:36 PM   #7
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I don't have a "right to cancel" stated. In my state, however, it's state law that a contract can be canceled by the customer anytime up to midnight of the 3rd business day after the signing. I've never thought of adding that state law to my contract, but perhaps I may now. I've not had anyone want to cancel yet. If they cancel after that, it's non-refundable, per my contract. (I may or may not make exceptions based upon the situation, but my contract doesn't state that.)
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Old 03-31-2008, 09:15 AM   #8
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Quote:
Originally Posted by AussieDoula View Post
Amanda, what does that mean?
what does that mean?
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Old 03-31-2008, 10:46 AM   #9
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Quote:
Originally Posted by Doula Lori View Post
I don't have a "right to cancel" stated. In my state, however, it's state law that a contract can be canceled by the customer anytime up to midnight of the 3rd business day after the signing. I've never thought of adding that state law to my contract, but perhaps I may now.
Lori, you bring up a good point, and one that I think we don't mention enough: have your contracts looked over by a lawyer in your area who is familiar with them. Local lawyers will know how effective your contract really is for your county/state and what other legal aspects may need to be addressed to protect yourself and your clients.
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Old 03-31-2008, 02:17 PM   #10
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That is good advise, Aussie. I just want to clarify that it's state law in Ohio whether or not one has it written into their contract. I have seen and signed business contracts (non-doula) lately, and some of them had the "right to cancel" state law written in their contracts (my water conditioner guy did) and others have not (window contractor didn't), so I'm only now assuming that it's not a law that it has to be written. I guess the main reason to put it in there is for those who may not know about it, and I think it's only fair that they should know their legal options where applicable. I will be adding it to my contract before my next potential client.
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Old 03-31-2008, 05:46 PM   #11
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Quote:
Originally Posted by seaplay View Post
I'm going back over my contract, and I'm wondering if many of you put in a "right to cancel" clause in your contracts--such as "with both parties signature this contract can be cancelled 4 weeks prior to the estimated due date. The deposit will not be refunded, but no other fees will be due"
Does any one do that? Why or why not?
Oh, Good grief Bex... Just when I thought I had my contract airtight you go and throw a monkey wrench in it. LOL!
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