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Put the no-show fee in writing before the date
Set the notice window, the fee, who is charged, and the province. Copy a retainer clause and a shorter reminder email.
No-show fee notice generator
Set the notice window, the fee, who is charged, and the province. Copy a retainer clause and a shorter email.
SEAK 2024 average no-show fee is $955 USD. Enter the fee you actually charge.
Retainer or booking-letter clause
Late cancellation and no-show. If the referring party cancels, reschedules, or fails to attend with less than 48 hours' notice, the referring party will pay $955 plus applicable tax. The notice window is 48 hours before the scheduled start time, in Ontario. The referring party is the contracting party and is responsible for the fee. The fee is a genuine pre-estimate of the examiner's lost session, staff time, and the appointment that cannot be filled on short notice. It is not a penalty. Notice must arrive in writing, by email to the booking contact on this letter. The time of receipt is the time the email arrives, not the time it was sent from an outbox. This clause does not replace any statute or tariff that caps a cancellation fee on a given file. Confirm the cap that applies before you invoice.
Reminder email
Reminder: this independent examination is booked. Cancel or change it with at least 48 hours' notice, or the referring party will be charged $955 plus tax. Reply to this email in writing. A voicemail is not notice. If you cannot attend, say so now so the slot can be offered to another file.
What makes the clause hold up
What makes a no-show clause hold up is notice, a real estimate of loss, and a party who actually agreed. State the window (48 hours) and the dollar amount in the retainer or booking letter, before the date is set. Charge the contracting party. An examinee who never signed is a weak target. Keep the amount in line with the lost session. The SEAK 2024 IME fee survey reports an average no-show fee of $955 USD. New York State's schedule caps a cancellation inside 48 hours at $500 USD. Those figures are published US references, not a Canadian tariff. In Ontario, a clause that looks like a penalty rather than a pre-estimate of loss is the usual attack. Write the loss you are estimating.
How to use it
Four steps
- 1
Set the notice window
24, 48, or 72 hours before the scheduled start.
- 2
Enter the fee and who is charged
Referring party is the usual contracting party. Examinee only if they signed.
- 3
Pick the province
The hold-up note changes for Quebec penalty rules.
- 4
Copy the clause and the email
Put the clause in the retainer. Send the short version when you confirm the date.
Background
What the numbers mean
The empty slot is already spent
The examiner blocked the morning. The room is booked. The coordinator cannot fill a two-hour independent examination at 6 p.m. the night before. A no-show without a written fee is an argument on the invoice. A fee without prior notice is an argument in a different place. Write the window and the amount in the retainer, then say it again in the booking email.
Published figures are a reference, not your tariff
The SEAK 2024 IME fee survey reports an average no-show fee of $955 USD. New York State's schedule caps a cancellation inside 48 hours at $500 USD. Those are published US figures. They are not a Canadian fee schedule. Enter the amount you actually charge. Keep it in line with the lost session. A number chosen to punish is the number that gets attacked.
Charge the party who agreed
The referring party signed the retainer. The examinee often did not. Charging a person who never agreed is how a clean clause fails. In Quebec, a stipulated penalty can be reduced if it is out of proportion. In the common-law provinces, the usual attack is that the sum is a penalty, not a genuine pre-estimate of loss. State the loss you are estimating. Staff time. The unused session. The slot you cannot refill.
FAQ
Questions people ask
Who should be charged?
The referring party, unless the examinee signed the booking contract. An unsigned examinee is a weak target.
What notice window should I use?
Use the window you can actually honour. 48 hours is common. Put the same window in the retainer and in the reminder email.
Where do the $955 and $500 figures come from?
SEAK 2024 IME fee survey for the average US no-show fee of $955 USD. New York State's schedule for a $500 USD cap on cancellation inside 48 hours. They are references, not your fee.
Is this legal advice?
No. It drafts notice language. Counsel should review the clause against the contract and the province.
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