Originally Posted by
bunyip
You take a deposit against the contract as written at the point it is signed. Neither party is obliged to agree to any variation.
Fr'instance. Mum signs a contract for you to provide care on Mondays only. Then comes back to tell you that her boss at UK Widgets Ltd. has broken into the overseas widgets market and offered her an extra day to cope with the increased demand. She now wants you to provide care on Mondays and Tuesdays.
If you want to do this, fine. Either rip up and replace the contract with a whole new one, or (and this is what I'd do) draw up and both sign a contract variation sheet with the new days/hours. Deposit situation is not changed.
But if you can't/won't due both days, you can insist on standing your ground on the original contract. Then, if mum decides to dump you and come to me instead (because I can do both days, but mostly because I'm handsome, athletic, intelligent and sexy, sexy, sexy - not to mention modest with it) you can keep the deposit because you have a contract and she's broken it. A small price to pay for having the undivided attention of the Lurve-Bunyip, wouldn't you say? :rolleyes:
Similarly, if mum wants to reduce the hours (due to a slump in world widget prices) she isn't keeping the contract so you can keep the deposit or re-negotiate. I'd contact my legal team to check first before retaining any deposit and you must always state in writing that any deposit is "non-refundable".