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Entitled to refund after canceling?

June 28, 2023

Entitled to refund after canceling?

It depends.

Does your agreement include a Termination clause?

-A termination clause is a written provision in an agreement that defines the circumstances under which said agreement can be terminated.

If so, does it allow either party to terminate without penalty or without being in breach? Do you need to provide notice of termination? If so, how much notice? In writing? Did you do that?

Why are you terminating? Does your agreement/contract include a Force Majeure clause?

A force majeure clause allocates the risk of loss if performance is hindered, delayed, or prevented because of an event that the parties could not have anticipated or controlled (“act of god”). It provides a contractual defense, the scope and effect of which will depend on the express terms of a particular contract.

Your rights and remedies depend on the specific facts and totality of the circumstances.

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