Potential Client Issue

lennon33x · Sep 15, 2014

So here's the scoop...

I took on a client (a veterinarian specialist) who wanted a group shot of all 5 doctors in the practice, about 25 shots throughout the clinic, and 3 head shots of the managerial staff. No biggie, right? Well, not so much.

I went in to speak to the office manager about everything. Come to find out, it was going to be near impossible to get all 5 doctors in the same place at the same time, which meant compositing. Not an issue. However, I explained to the manager that the editing process for that is much more detailed and involved than a standard edit. I explained that I would have to draft an addendum to the original contract stating all of the new stipulations. My original contract included me covering 50% of all rental gear for the first visit (I rented for a week) and travel for the first two sessions out (it was going to take 2 sessions to get all 5 doctors in the composite). So I drafted the addendum to the contract and had it state that the office was going to be billed at $x/15 minutes. Also I included travel in the first two sessions and each subsequent session would be billed travel. Sent it to them, and then I had it signed and returned. Deposit was also given.

The first day, the doctors were not on time, one was not dressed and prepared for photos, and it took me over 3.5 hours to get the 3 doctors that were ready for shooting in a position to shoot (I set up near a CT scanner and used it as a prop). Additionally, I had to get extremely creative as their business was not as busy as usual and I needed to stage some shots. Several days later I returned for the second session. Captured the final two doctors, and they only saw one patient, therefore limiting me to what I could capture for their "procedural" shots.

Over the course of several weeks, I edited the pictures. The composite took me nearly 6 to 6 and a half hours, but I only counted about 5.5 (I included the first 30 minutes in the original contract). I sent it to them, and they approved it (as a matter of fact, complimented it). I finalized the invoice for the rental and for the composite and sent it to them.

They finally replied several days later with "I have to get approval for that check." Then tonight, I received an email asking to see all of the images.

Here is some key info:
1.) Contract clearly states that all clients need to arrive on time and ready for shooting
2.) Addendum clearly states what the hourly rate is for the composite; what is included in the composite process; why a composite is necessary for the group image

How would you handle the situation if the email response is "We think you charged too much for the work you've done"

?

vintagesnaps · Sep 15, 2014

Did you get a deposit? quote them the total cost before you took the photos? Did the contract state anything about the number of photos to be provided or previewed for them to make selections?

Usually photos aren't provided til payment's been received. If you give someone your photos, they're gone, there's probably no getting them back and who knows if you'll get payment since they seem to be postponing getting you a check (which ought to clear I think before you provide the photos).

lennon33x · Sep 16, 2014

vintagesnaps said:
Did you get a deposit? quote them the total cost before you took the photos? Did the contract state anything about the number of photos to be provided or previewed for them to make selections?

Usually photos aren't provided til payment's been received. If you give someone your photos, they're gone, there's probably no getting them back and who knows if you'll get payment since they seem to be postponing getting you a check (which ought to clear I think before you provide the photos).

Oh I knew I forgot something. They're only proofed, nondownloadable images with my watermark slathered across it they're viewed through shootproof. Yes I quoted them for cost, how much time it would take and yes they paid a deposit

tirediron · Sep 16, 2014

"I'm sorry you feel that way, but as a skilled professional yourself, I'm sure that you understand what seems quick and easy to the layman often takes a great deal of time, effort and skill. Such is the case with producing composite portraits. I can appreciate that the cost may seem high, but the same is true when I bring my dog in for an innoculation and pay you $100 for thirty seconds of your time."

TreeofLifeStairs · Sep 16, 2014

^^^ at least something to that effect.

sm4him · Sep 16, 2014

John's response is just about perfect. Clear, concise and professional.

But it might also be a good time to post THIS awesome video again, because really, although you may want to put it in nice, thoughtful, professional wording like John did, the actual answer to your question of how to respond is:
F*** you, Pay me.
You've ALREADY done the work. Work that THEY agreed to. Their process for check approval is not, at this point, your concern.

robbins.photo · Sep 16, 2014

So, maybe something along these lines:

To Whom it May concern:

I realize you folks are just vets, and not real doctors. However I simply assumed that someone in your office had enough of an education that one of you might actually be able to read and understand a simple contract before you signed it. Sadly it seems I overestimated you, and for that you do have my most sincere apologies.

The contract you signed did clearly spell out all the terms and conditions and you did agree on the price prior to the invoice being submitted. However in the interest of fairness I did discuss this matter at some length with other industry professionals and they agree that in a situation like this the most proper response I can give you is:

F*ck You, Pay Me.

Warmest Regards,

tirediron · Sep 16, 2014

robbins.photo said:
So, maybe something along these lines:

To Whom it May concern:

I realize you folks are just vets, and not real doctors. However I simply assumed that someone in your office had enough of an education that one of you might actually be able to read and understand a simple contract before you signed it. Sadly it seems I overestimated you, and for that you do have my most sincere apologies.

The contract you signed did clearly spell out all the terms and conditions and you did agree on the price prior to the invoice being submitted. However in the interest of fairness I did discuss this matter at some length with other industry professionals and they agree that in a situation like this the most proper response I can give you is:

F*ck You, Pay Me.

Warmest Regards,

You forgot to add, "And finish off by flinging a warm, steaming pile of monkey-dung at them!"

vintagesnaps · Sep 16, 2014

Monkey dung aside... lol

Maybe you need to resend them a copy of the contract with a reminder of what they signed and agreed on since you specified the cost. So far it sounds like they have proofs for the deposit. Maybe give them a timeframe as to when you expect payment, and that photos will be provided once payment is complete.

robbins.photo · Sep 16, 2014

tirediron said:
You forgot to add, "And finish off by flinging a warm, steaming pile of monkey-dung at them!"

Well I didn't want it to be over the top "customer servicy".. lol

The_Traveler · Sep 16, 2014

vintagesnaps said:
Maybe you need to resend them a copy of the contract with a reminder of what they signed and agreed on since you specified the cost. So far it sounds like they have proofs for the deposit. Maybe give them a timeframe as to when you expect payment, and that photos will be provided once payment is complete.

In addition to this, I would ask them a question to give them an entry into how to respond.

Perhaps something like. "There seems to be some issues. Since the accepted contract and addendum covered every question about time, costs and deliverables, I'd like to clear up any concerns so I get my check and you can get your images.
Perhaps I can call your office and we can clear up this situation in a short conversation."

lennon33x · Sep 16, 2014

Update:
Now, the amount of deliverable images that I included were 3 head shots, 25 procedural pictures, and 1 group shot. While I shouldn't feel that I have to nitpick on a contract so much as to include a "Creative License" clause, in retrospect I should have (to an extent). I personally selected the best 30(ish) images that I understood (by conversations with the office manager) provided what they wanted to display to their clients (compassion, integrity, high-quality medicine, etc.). They apparently weren't pleased with the ones I selected and I received this paraphrased response via email:

"The [doctors] aren't happy...with the procedural shots....they were hoping you understood what they wanted...such as shots of them doing [x, y & z]...they do not wish to spend extra money...they are beginning to regret using your services..."

So I did what I knew to do best and called the office manager directly. While I wanted to go tell them where they should really go, I knew that to make this whole thing wash over easier, I made sure to be cordial and polite. I first looked to see if the office manager had even viewed the gallery (which she didn't - meaning that she had written the email without viewing the gallery and truly determining if the doctors were going to be unsatisfied). I called and told her that I uploaded the 270 images (most unedited) and explained to her that the shots they wanted were all in there (with the exclusion of a certain procedure they wanted, but would have required me to stay longer during the day of shooting). I explained that the images contain a blood pressure, an EKG, a heart monitor placement, patient recovery, inpatient hospitalization, examinations by every doctor, and ultrasound by every doctor, etc, etc. As part of the deal, I included travel (like a fool - live and learn). This meant that I would travel 1 hour each way for two shoots (not to mention the pre-shoot meeting), which totaled 6 hours of travel. I explained that I billed them for work that was done and that they agreed to in the contract and addendum. I also explained that most photographers charge travel, and that I was saving them some money. Her tune changed entirely once I told her what shots were included and also what the images showed.

This is one of those scenarios that I feel mislead by the client, and it's turning out to be a pretty big hassle. Truthfully, it's almost better to just let them select 50-60 images, edit them and be done.

As always, your feedback is more than appreciated.

by the way, my portrait clients have never been like this. I'll take them any day.

lennon33x · Sep 16, 2014

robbins.photo said:
So, maybe something along these lines:

To Whom it May concern:

I realize you folks are just vets, and not real doctors. However I simply assumed that someone in your office had enough of an education that one of you might actually be able to read and understand a simple contract before you signed it. Sadly it seems I overestimated you, and for that you do have my most sincere apologies.

The contract you signed did clearly spell out all the terms and conditions and you did agree on the price prior to the invoice being submitted. However in the interest of fairness I did discuss this matter at some length with other industry professionals and they agree that in a situation like this the most proper response I can give you is:

F*ck You, Pay Me.

Warmest Regards,

I'm not sure how far I would get with this, it sure feels good to say it out loud

The_Traveler · Sep 16, 2014

I might relax the process by letting them pick from a gallery of what they like but I would never ever give them more than the contract called for.

Then you immediately get labelled as a soft touch.