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The discussion centers on the concept of non-refundable retainers and the implications of contract language. It emphasizes the need to reduce ambiguity regarding the definitions of "retainer" and "deposit" as these terms can vary by jurisdiction, with different legal interpretations. Generally, a retainer is meant to secure services and is typically non-refundable, while a deposit may be refundable minus certain damages. The speaker promotes the idea of using initial non-refundable payments, highlighting the importance of clearly defining these terms and what the payment compensates for, to avoid potential legal disputes and misunderstandings.
