I need help advice [from Professionals!!! Wedding Photographs ruined!!!

[amfrye]

I know you all have better things to talk about but if I could steal a few minutes of your time just to ask what you would say, do, ask, etc as a professional photographer in my circumstance... I am not a photographer but the bride. I got married a year and a half ago. A local photographer took our wedding pictures, all was good. She was 9 months pregnant at my wedding which I asked if it would be a problem or she wouldn't be able to take my pictures but she insisted she was going to be fine. LONG STORY SHORT, she used an old camera with low resolution, charged me $1000, took 3 months to get me my pictures and DVD, many of them were grainy and awful, some were lovely, but I noticed very early on that they could not be printed as larger sizes.... after MONTHS and months of emails and phone calls, which she never returned, I gave up. Only recently after being so ANGRY about my pictures being ruined and never getting a response, I finally facebook message her, which she is on ALL THE TIME, and asked her about the pictures again. IT was only then that she admitted to using a low resolution camera and said perhaps I could find someone to "fix" it... My mother asked me to send her a short but blunt note essentially asking for some sort of refund since this was my wedding day and she clearly ruined my pictures...

I'm not trying to make this into a sob story, I would really just love some advice from professional photographers as to what my options are at this point and possibly how to deal with this woman...

Thanks for your time, Ashley.

 

[o hey tyler]

Well, I have a few questions for you...

A) Did you look at her portfolio before hiring her?

B) Did you sign a contract?

1B) If so, what were the conditions of the contract?

2B) Do you still have a copy of it?

C) Did anything strike you funny when you saw your photographer walking around with a point and shoot?

Answer all of these questions honestly, and that will provide more insight for myself and other members to assist you.

 

[amfrye]

1-I did look at her portfolio. I've read up and noticed that the majority of portfolio pictures available online are in low resolution so they can be viewed on a computer. I unfortunately did not look at a hard copy. Everything was primarily sent in emails

2-I did sign a contract and I do still have it. The conditions were the typical no harassment, payment up front, receive a CD for extra $200, I could ask her for prints but they were only certain sizes (which I don't understand because I asked her for prints and thats when she told me she used low resolution, so I feel that is a breach of contract right there...) It mentions nothing about the type of camera or expectation for a resolution. Not sure what I could look for in that...?

3-Too be honest, I've been to plenty of wedding and she did nothing out of the ordinary. Nothing was strange, she had her camera and took plenty of pictures... funny thing, I think i even have a picture of her from my wedding holding her camera.... not that it really makes a difference since she admitted to using low resolution.

I want to be able to contact her and quote her directly from her own contract and point out how she essentially messed up my pictures... ideas?

 

[amfrye]

I also contacted her about high resolution and the rights to all the photographs, again thats when she told me they were low resolution but she would immediately send me the rights to all the pictures.... not surprised, they're all crap.

 

[o hey tyler]

1-I did look at her portfolio. I've read up and noticed that the majority of portfolio pictures available online are in low resolution so they can be viewed on a computer. I unfortunately did not look at a hard copy. Everything was primarily sent in emails

2-I did sign a contract and I do still have it. The conditions were the typical no harassment, payment up front, receive a CD for extra $200, I could ask her for prints but they were only certain sizes (which I don't understand because I asked her for prints and thats when she told me she used low resolution, so I feel that is a breach of contract right there...) It mentions nothing about the type of camera or expectation for a resolution. Not sure what I could look for in that...?

3-Too be honest, I've been to plenty of wedding and she did nothing out of the ordinary. Nothing was strange, she had her camera and took plenty of pictures... funny thing, I think i even have a picture of her from my wedding holding her camera.... not that it really makes a difference since she admitted to using low resolution.

I want to be able to contact her and quote her directly from her own contract and point out how she essentially messed up my pictures... ideas?

I'm going to PM you my email address. If you could, send me the photo that you have of her shooting at your wedding (If you can, so I can determine if the photos are 'low res' or not), and a copy of the contract.

If you paid someone a grand to shoot your wedding, you should expect better quality photos than what would be taken by wedding goers and family members. If you didn't receive that, I think you have a case. But then again, I am no lawyer.

 

[amfrye]

Thank you I appreciate it! I just looked up the picture and found it so I can send it whenever you're ready...and I also have the contract...

 

[shortpants]

Most cameras these days are capable of high enough resolution, but they have low-res settings. She could have forgotten to check her settings. Wow and Oops on her. I think she owes you a refund regardless. I don't much about the legal stuff. What size prints did she specify in the contract?

 

[amfrye]

Here is her "contract"

WEDDING PHOTOGRAPHY

CONTRACT



Wedding Date and Time: ___12/20/2009________________________________________
Bride’s Name: __Ashley Nickle________________________________________________
Phone: ___________________________________
Fax: ___________________________________
Address: __________________________________________________ _________________________________________________________________________
email: __________________________________________________
Groom’s Name: __________________________________________________
Phone: ___________________________________
Fax: ___________________________________
Address: _______________________________________________
__________________________________________________
email: __________________________________________________
Time Photography Session Starts: _______________________
Ends: ________________________
Amount of Guests: _________________
Other Photography Sessions agreed on: ______________________________________________
Wedding Chapel Location: __________________________________________________
Wedding Official and Contact Number: ____________________________________________
__________________________________________________
Wedding Reception Location: __________________________________________________
__________________________________________________ _______________________
Wedding Reception Manager and Contact Number: _________________________________
__________________________________________________ _______________________
Bride’s Dress-up Location: __________________________________________________
__________________________________________________ _______________________
Wedding theme: please specify colour scheme / traditional / formal / informal / casual etc. __________________________________________________ _______________________
Wedding Attire: describe bride, groom and wedding party attire
__________________________________________________ _______________________



Photography fee agreed on: $_800________________ (plus applicable expenses as described in the contract). A deposit of $400 is due when this agreement is signed, and the balance $400 is to be paid 2 weeks before the above mentioned wedding date.



WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE:

”Bronze Package”

$800, includes: 5 hours of wedding day coverage (to commence at time stated above), 2[SUP]nd[/SUP] photographer at ceremony and reception, unlimited amount of photos taken.


1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Heather Hart DeFriest dba Hart and Soul Photography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.


2. RESERVATION: Upon your signature, Heather Hart DeFriest dba Hart and Soul Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of $100 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due on delivery of the sample CD.

3. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit.

4. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalize the actual shooting times and locations.

5. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).

6. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, Heather Hart DeFriest dba Hart and Soul Photography shall not be held liable for failure to take desired photographs.

7. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Heather Hart DeFriest dba Hart and Soul Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Heather Hart DeFriest dba Hart and Soul Photography. Heather Hart DeFriest dba Hart and Soul Photography recommends that THE CLIENT designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.

8. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Heather Hart DeFriest dba Hart and Soul Photography agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Heather Hart DeFriest dba Hart and Soul Photography will not be held liable for any photographs not taken.

9. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility Heather Hart DeFriest dba Hart and Soul Photography will offer technical recommendations only.

10. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Heather Hart DeFriest dba Hart and Soul Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Heather Hart DeFriest dba Hart and Soul Photography’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

· The negatives and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

· THE CLIENT must obtain written permission from, and compensate Heather Hart DeFriest dba Hart and Soul Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.

11. MODEL RELEASE: THE CLIENT hereby assigns and grants Heather Hart DeFriest dba Hart and Soul Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Heather Hart DeFriest dba Hart and Soul Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Heather Hart DeFriest dba Hart and Soul Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Heather Hart DeFriest dba Hart and Soul Photography.


12. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Heather Hart DeFriest dba Hart and Soul Photography will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Heather Hart DeFriest dba Hart and Soul Photography, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. Heather Hart DeFriest dba Hart and Soul Photography suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use Heather Hart DeFriest dba Hart and Soul Photography to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Heather Hart DeFriest dba Hart and Soul Photography allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time Heather Hart DeFriest dba Hart and Soul Photography equipment is being packed up. Heather Hart DeFriest dba Hart and Soul Photography reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeit.

13. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.


Heather Hart DeFriest dba Hart and Soul Photography will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.

14. COMPLETION SCHEDULE: The printing process can only start once Heather Hart DeFriest dba Hart and Soul Photography receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.

15. PAYMENTS: THE CLIENT agrees that the $400 deposit is required at the time of contract acceptance and 100% of the remaining balance is due 2 weeks before the above mentioned wedding date.

16. FINAL DELIVERY: Heather Hart DeFriest dba Hart and Soul Photography will deliver the prints and any additional material once printing is completed. Heather Hart DeFriest dba Hart and Soul Photography will also deliver a CD with the negatives of all photos taken the day of the wedding.

17. METHOD OF REMUNERATION: Payment may be made by check or cash

18. RIGHT OF WITHDRAWAL: Heather Hart DeFriest dba Hart and Soul Photography's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Heather Hart DeFriest dba Hart and Soul Photography initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

19. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Heather Hart DeFriest dba Hart and Soul Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.

Heather Hart DeFriest dba Hart and Soul Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Heather Hart DeFriest dba Hart and Soul Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

20. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Heather Hart DeFriest dba Hart and Soul Photography cannot place an unconditional guarantee on the above. Heather Hart DeFriest dba Hart and Soul Photography will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Heather Hart DeFriest dba Hart and Soul Photography’s control.

21. PERFORMANCE: The performance of this contract on behalf of Heather Hart DeFriest dba Hart and Soul Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

22. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

23. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Heather Hart DeFriest dba Hart and Soul Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.

24. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the additional low resolution images provided on CD) may be ordered at the following rates:

4x6 -- $4 each
5x7 -- $6 each
8x10 -- $10 each
Wedding Day CD with all images -- $250


I have read and understood the terms above. I hereby agree to the terms of this agreement.



Signed ______________________ (CLIENT RESPONSIBLE FOR PAYMENT)





Signed ______________________ (Witness)





Signed ______________________ (on behalf of Heather Hart DeFriest dba Hart and Soul Photography)



Date ________________



Location ______________________

 

[amfrye]

On the pictures it says she was using a Canon EOS DIGITAL REBEL XSi
It wont let me upload pictures for some reason but some a really awful

 

[Bitter Jeweler]

Frankly, if after seeing the 11 images in the photographers website portfolio, and you didn't run away screaming....
Or if you didn't notice that none of the other galleries are available...
Or if you didn't notice they specialize in everything under the sun.
After looking at their website, I come away with the feeling they only shot one wedding, ever!


Good luck with your "case".

 

[shortpants]

I think I'm looking at the same site and I don't know whether to laugh or cry. Yikes. OP, please tell me that's not the site, I only see one "hart and soul photography" though. I sincerely hope that's not who you hired.

 

[o hey tyler]

My favorite part is that she uses a Rebel Xsi and a 50mm f/1.8 II and calls them both "professional grade". Just because the camera has interchangeable lenses does not make it a professional camera.

 

[Assassin]

So ultimately are you satisfied she supplied you with all if the original photos she took on the day? A lot of photographers never supply the full res images anyway. However, with a low res image, there isn't really anyway to change them into hi-res... You may be able to tweak them or covert them into TIFF files and work on them that way, but not honestly sure that will work.
How long ago was the wedding? Are you able to get the family together to do another shoot? Where do you live?

 

[flea77]

My favorite part is that she uses a Rebel Xsi and a 50mm f/1.8 II and calls them both "professional grade". Just because the camera has interchangeable lenses does not make it a professional camera.

In my opinion, a professional camera is any camera a professional uses. That being said, she could have used a D3s and it still would not have been a professional camera in this situation!

Allan

 

[Paulwil]

Heather Hart DeFriest dba Hart and Soul Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Heather Hart DeFriest dba Hart and Soul Photography’s control, the latter’s liability is limited to the return of all payments received for the event package



I am not a lawyer, but if her photographs are all low res she messed up a setting in her camera. Although the rebel may not have the high end sensors. They are more then capable of producing some beautiful photographs. Settings on a camera are within our control, if we mess them up it is our own fault. I would for sure point that out to her. Good luck!