Photography Lawsuit

[VincentPaul]

Hey everyone I'd like some advise on a situation, here are some details;
(I'll try my best to keep it light and straight to the point)

I recently did a very small wedding photo/video shoot late last year for a client who was referred to me by a previous client of mine. Prior to the shoot I followed my normal procedures, gathered info, agreed on a price, sent an invoice (which we both signed) followed by a Paypal invoice. The payment method was set so 50% was to be paid prior to the shoot and the remaining balance was to be paid after I delivered the products. The client agreed, paid and we proceeded.
On the day of the shoot, my back up camera person called out on me just hours shy of the event. Stuck between canceling and taking a back up option, my wife came in to help me (we had done a shoot together once before and it turned out great)

Due to the last minute shake up we arrived 2 minutes late (I shared our incoming status throughout our drive to the client) We ended up covering the event for the duration of our agreement.

Part of the agreement was that due to video post production I would have everything ready no later than 90 days from the event (it was all ready within 80 days)
Following that the client claimed they were unable to make the remaining payment via Paypal due to some technical issues. We spent about 10 days trying to rectify the issue before we decided it'd be easier for them to send a check. Once I received the check, I mailed the item to the client.

The agreement never specified how many photos the clients were to receive as final products, however here is what was sent as agreed; 100 proofed photos for online private view

1. (100) of those photos printed in a photo album
2. (2) DVD copies of the video
3. (2) DVD photo slideshows
4. 20x30 printed photo

(free stuff I later threw in to rectify the claims below)

1. a USB flashdrive of the photos (a free gift)
2. A $25 gift card (free gift for them purchase a frame of their choice for a 20x30 print)
3. A free 2 hour photo shoot with prints available to them for the remainder of the year

The Claim:
To be short here are the claims I'm receiving;
1.Key people from the wedding were missing from the final photos
2. Because we were 2 minutes late we never got introduced to those people
3. The photos were not to their taste, they were not pleased with them
4. The photos took too long to be finished
5. The final DVD they received did not play on multiple dvd players ( I promptly sent a 2nd copy after verifying that it played on my dvd player)
6. The second DVDs I sent still do not play (even though I have video footage showing it playing on a DVD player prior to me sending it to them)
7. A refund request or a lawsuit (it's been about 2 weeks now)

I want to be as fair as possible but,
Given that photography is not my full time job yet I had to take time out from my job to make it to this event (that cost me money)
I've spent days, weeks and nights working on this product (time I will no get back)
Drove over an hour to this shoot (Gas & mileage spent)

What would you do?

Any advice is greatly appreciated.

Thanks.

 

[Gary A.]

You need to decide if you think you're getting ripped off. If you deemed you fulfilled your obligations according to the terms of the agreement, you may want to seek the advice and representation of an attorney. While a letter from your attorney would escalate the situation, but it also shows that you are willing to play hard ball and that you will call him on his lawsuit remarks.

 

[dasmith232]

Usually the biggest failing in a "paid" photo gig is not having a contract. But you didn't make that mistake. You did a contract, and that is excellent. By your description, it sounds like your dealing with a couple of %$#@'s. Those kinds of people simply exist.

It sounds like you've made an effort to satisfy them that goes beyond the contract. While that's admirable, you may have sent a signal that you'll bend (and keep bending) to their whining. That's not a bad thing, but has possibly put you into a bit of a hole.

Whether you *actually* hire an attorney to send a letter, or you say that you're hiring an attorney to send a letter, that might be your best next step. At this point, it sounds like "cease-and-desist" is in order (firm, but as nicely as you think it needs to be).

You said that there is a connection to another client from the past. Hopefully, this isn't crossing over into friend territory, because that sadly would get awkward for you.

The only other thing as a "lessons learned" for going forward is to put a clause in your contract that describes photography as an aesthetic thing. I have this exact clause in my contract:

"The Client acknowledges familiarity with The Photographer’s portfolio and is requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photographs may be different from those taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgment to create photographs consistent with his personal interpretation of the event(s), which may be different from The Client’s and/or the Subject’s vision of the event. Accordingly, The Client acknowledges that Payment for the photographs shall not be subject to rejection on the basis of taste or esthetic criteria."

Good luck.

 

[Designer]

I want to be as fair as possible but,
Given that photography is not my full time job yet I had to take time out from my job to make it to this event (that cost me money)
I've spent days, weeks and nights working on this product (time I will no get back)
Drove over an hour to this shoot (Gas & mileage spent)

You need to decide if this is an appropriate career path for you. These last complaints from you are completely irrelevant to the client. Your description of events and how you fulfilled your contract have not convinced me that you conducted yourself as a professional photographer.

Therefore; if you choose to treat wedding photography as a business, you've got a lot of ground to make up with the client. Otherwise, keep photography as your hobby, and don't try this again.

 

[astroNikon]

Other than the above information ...

7. A refund request or a lawsuit (it's been about 2 weeks now)

At this point I would do 1 of 2 things.

1 - give up and provide a refund. Try to negotiate some partial amount because they did receive items.

2- Contact a lawyer to write them a letter about the situation and how you have completed your side of the bargain. This may cost you up to $1,500.00. Of course, if a lawsuit does come about this then it will cost you a lot more (and make sure your countersuit [always do a countersuit] stipulates that they pay all legal fees).


Most everything else can be referenced to the contract. If it was stipulated in the contract the lawyer will notify them of that and how you weren't in breach.

3. The photos were not to their taste, they were not pleased with them

I'm curious if you would share a few photos to see if they are blowing smoke or not.

"2 minutes" is part of the complaint, seriously ?

Also, you may want to consider for future reference those Legal Shield things where you pay $25 a month to access to a lawyer for a short reference manner. They won't go to court on that amount but can do letters, and review contracts, etc. You get access to a large swath of different lawyers to do small things for you.

FYI, I'm not a lawyer and you are in the territory where you really do need to speak to a lawyer if you don't do the #1 option even partially.

 

[smoke665]

I'm not nor have I been in this business, but as the day of the event is usually pretty hectic don't most professionals have a pre-event session to cover the specific terms of the service, to settle on exactly what and "who" is to be included and to establish a go to person on the day of the wedding that is to communicate last minute requests? Seems like a lot of the complaints could have been eliminated had there been.

 

[jcdeboever]

I would take them to small claims court, forget the lawyers. Not sure what the disputed amount is but assume it would fall into that category. If you did everything you said you did in the contract, the judge will see it your way IMO. You being late is the only thing I see that can be disputed and frankly, any person in their right mind should be able to see that was a petty attempt at not paying the bill. As far as the quality of the photo's, that is subjective and probably not going to be challenged, assuming you have a reasonable skill set. Take the emotion out of it, go by the facts stated in the contract. If the contract states that you would be on time in order to meet and assign specific family members for photo's, forget everything I said and give them a refund. Having said all that, I can tell you I have witnessed some wedding photo's that people paid hard earned money for and they were horrible, even by my amateur skill set. Not saying yours are this way but I can tell you there are a lot of people doing weddings that have no business doing them. I have been asked and I turn them down because I don't want to do them, and I am not skilled or equipped enough. Curious to see one sample image of a shot that is disputed over quality.

 

[Designer]

Most everything else can be referenced to the contract.

Was there a contract?

I don't think he mentioned a contract. "Invoice" and "agreement" were mentioned, but I don't think he referenced a written, signed contract.

 

[pixmedic]

get a lawyer that specializes in this sort of thing to look at your case.
dont get legal advice from random people on the internet.
were photographers, not attorneys.

if you had a contract, and you delivered what was agreed upon, you should call their bluff of taking you to court. (a lot of times its a bluff to extort money from you)
if you didnt have a contract, you may be S.O.L and it would be entirely up to a judge to decide whats fair, so you take your chances in court.

if you did have a contract, I would simply tell them that you have help up your end of the agreement and produced what was agreed upon, and that if they decide to take you to court, YOU will be countersuing them for damages, lost time, court costs, and mental anguish.. maybe even slander.
we have only heard one side of the story, obviously, but this could just be an attempt to extort money. I would not pay them a dime, or give them ANY more freebies until I had the proper attorney consult.

 

[smoke665]

I don't think he mentioned a contract. "Invoice" and "agreement" were mentioned, but I don't think he referenced a written, signed contract.

Noticed that also. By "agreement" is the OP saying this was written out or verbal???

 

[Designer]

The Claim:

1.Key people from the wedding were missing from the final photos What is specified in the contract?

2. Because we were 2 minutes late we never got introduced to those people For an event that lasts about half a day, why the emphasis on "2 minutes"? Was it two minutes after the start of the actual ceremony? If so, then you were more like 2 hours late, not 2 minutes.

3. The photos were not to their taste, they were not pleased with them This might be the client's fault for not vetting their photographer prior to signing a contract.

4. The photos took too long to be finished Again; what is specified in your contract?

5. The final DVD they received did not play on multiple dvd players ( I promptly sent a 2nd copy after verifying that it played on my dvd player) Anomaly?

6. The second DVDs I sent still do not play (even though I have video footage showing it playing on a DVD player prior to me sending it to them) Prove it to them. Ram it down their throats.

7. A refund request or a lawsuit (it's been about 2 weeks now) If you can get out of this by only refunding their money, you will be way ahead, as compared to a lawsuit.

 

[astroNikon]

Most everything else can be referenced to the contract.

Was there a contract?

I don't think he mentioned a contract. "Invoice" and "agreement" were mentioned, but I don't think he referenced a written, signed contract.

Only the OP knows that specific answer to that specific question.

I read that other posts which referenced "contract" in place of "agreement".

It's all blurry and we only know one partial side of the situation .. and very little at that.

 

[dasmith232]

...we were 2 minutes late...

Thinking about this some more, and prompted by the reply above (from @Designer )...

To me, 2 minutes late means that I'm there 88 minutes prior to the ceremony start time. Even "only" 2 minutes would create some stress, but shouldn't last for very long. This 90-minute period is for all of the "prep" and "detail" shots. This 90-minute period isn't as important as the ceremony, but as a photographer it's a very important period of time.

For some weddings, the start time (for the photographer) is even earlier. This depends on the logistics of the prep areas and size of the wedding.

However, if 2 minutes late means that I'm 2 minutes after the stated start time of the ceremony, I'm really in deep doo-doo. This would be a major failing on my part and the "bad PR" that will come from this would be deserved. And not "bad PR" that could come from this, but that will come from this. Word gets around.

In the first situation, I apologize and then move on. In the second case, I'm going to scramble to mitigate things. I'd be thinking about offering a significant discount or refund.

 

[VincentPaul]

Most everything else can be referenced to the contract.

Was there a contract?

I don't think he mentioned a contract. "Invoice" and "agreement" were mentioned, but I don't think he referenced a written, signed contract.

Yes there was a written and signed contract

 

[VincentPaul]

I don't think he mentioned a contract. "Invoice" and "agreement" were mentioned, but I don't think he referenced a written, signed contract.

Noticed that also. By "agreement" is the OP saying this was written out or verbal???

It was a written and signed contract