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Potential Client Issue

Update:

I received the check for the work. Finally. And then on to this...

So nearly two weeks after showing them the gallery of 260 images, they finally responded with this:
"The doctors asked that you come out 1 more time but when you do I will need to be right by your side to see each shot you take to see if it is something we can use on our new website or in our marketing materials. They did not see any really good procedural shots from all the ones you have online already. They are looking for professional in-motion, working pictures but where you can tell who the doctor is and while working with patients who don’t look too restrained, etc.. They specifically said… no pictures of pets having their blood pressure taken on the floor or of objects like blood, needles, fluid bags, miscellaneous equipment parts, or anything else that might offend or cause clients to worry. Let me know what day you can come out."

What the f? Out of 270 images you couldn't find 30 images, let alone one? All of these requests are absolutely ridiculous. None of these requests were made prior (verbally or in writing).

So for those of you interested in reading about the craziness that will ensue...here is my reply.
"[Dear Office Manager]-

I have received payment for the composite, and you are currently paid in full.

As I know that the doctor's have concerns about cost, I did want to be up front with you. Based on our contract, there would be additional travel charges accrued. This cost is approximately $[x].

Furthermore, while I do understand that the doctors would like me to take more pictures, my schedule for October does not have any availability as I have since booked up other engagements and clients. It would be November at the earliest. Therefore, because it falls after the deadline in the contract, all work will be billed at the agreed upon rate of $[x] per 15 minutes of work as outlined in the agreement (see "Deadline Clause" in Photography Agreement Addendum). The approximate estimated amount of editing time is about 4-6 hours. Therefore, in order to complete this project, the approximate cost is $[x], excluding taxes. This is under the assumption that all of the pictures are taken during this one shoot. It is my understanding that the doctors are reluctant to pay for any further services. That being said, based on my current schedule, shooting and editing time would fall outside of the current deadline. I submitted the full gallery of 269 images on September 16, almost two weeks ago. While I do understand that there are other obligations of the doctors, I feel that a concern of cost would have prompted a sooner response.

It is my philosophy to give every one of my clients the absolute best images possible. That, in turn, results from my creative license, or the ability to take images as I believe incorporates the feeling, story or purpose behind the image. Part of this creative license is the ability to work freely. Having someone to review images as I take them inhibits this creative license, and I therefore won't allow it.

In addition, during our initial meeting on August 8, you discussed the needs of photographs for the clinic. You also expressed at that time that you did not want pictures of blood, needles, syringes, or images that displayed privacy information for clients. You explained that you wanted images of the doctors performing tasks, including ultrasounds and examinations. In your email on September 16, you expressed that the doctors expressed regret in using my services, and as at that point, they had not viewed any images containing the specific list of procedures (which were not requested in writing, nor in the contract). After reviewing the images, there are several images of each doctor/or staff members performing the exact procedures your doctors had "regrets" about.

Additionally, up to date, I have spent almost 40 hours on this project alone. I have spent over 20 hours shooting, setup and travel and approximately 16 hours editing, re-editing, submitting, etc and additionally paid for half of the cost of the lens rental. The standard practice is to have the client pay in full for the rental; but in order to honor my original estimate, I paid a portion of this fee. At my current rate, this is approximately $[about 25% less than industry standard] that would directly to the client. And based on several estimations, the industry standard rate for work that is this time intensive is approximately $2500-3000. Therefore, I have undercut my cost significantly, and have given your clinic a dramatic discount from market rate. I have traveled three separate times to shoot and to meet with your staff, and therefore feel generous in my fees that I have charged. This estimation of work excludes the almost 7.5 hours of work I invested into the editing process of the composite, which your doctors approved (and I subsequently charged only 5.5 hours, again to help honor as close to the estimate as possible).

Based upon our initial emails, the task of a project this large was not ever completely conveyed, and only during our initial meeting did the needs of the doctors become apparent. Furthermore, while still offering 269 images, none are sufficient.

At this time, it is in my professional judgment that the desires and needs of your doctors are inconsistent with any service that I can offer you further. I have met (and have exceeded) my portion of the Photography Agreement. In an effort to facilitate the completion of this project, I am offering one of the two following options:

1.) I will allow your doctors to select 60 images (35 more images that agreed to by both parties in the Photography Agreement) and I will edit them at no further charge. Once the editing process is complete, I will send a copy of the images on a CD via FedEx to your practice. Included will be your composite image of the doctors. Once receipt of the package is made, I will consider this project complete.

2.) I will refund you in the amount of $100 via a check and only the composite image of the doctors will be made available through download, or through a CD sent via FedEx. No further work will be done on this project. Once receipt of the check is made, I will consider this project complete.

Understand that while most photographers wouldn’t choose to refund any money, I must offset the cost of money lost, cost of business, and overhead, in addition to travel and travel expenses. Therefore, the maximum amount of refund that I can offer for these services is $100.

It is disappointing that even though you chose my services based on my previous work that you and/or your doctors regret using my services, and that not one singular image could be found from the 269 images that are available. It has become apparent that no matter what effort, or how much time I personally invest into this project, that my services will not satisfy the desires of your doctors. Therefore, once this project is complete, it is my recommendation that you find another photographer that can better suit your needs.

I appreciate the opportunity and look forward to your response."


While I know that many of you may not completely agree with rates, or my means of offering some sort of "severance," I'm looking forward to the response regarding how I handled it.

Thanks
 
You seem to be getting enough legal and business advice. So how about taking a moment for a joke this all reminds me of?


A pipe burst in a doctor’s house. He called a plumber. The plumber arrived, unpacked his tools, did mysterious plumber-type things for a while, and handed the doctor a bill for $600.
The doctor exclaimed, “This is ridiculous! I don’t even make that much as a doctor!”
The plumber waited for him to finish and quietly said, “Neither did I when I was a doctor.”
 
Did you realize you said at the first session you had to stage shots and at the second session there was only one patient so you got limited photos of procedures? That might be why you didn't get the photos they wanted. (I reread the beginning to remember what this was about.)

Not sure how you could have done it differently other than going more than twice doing shorter sessions, calling ahead to see if they're busy to be able to get more procedural photos, etc. (which would be hard to know other options in scheduling if you haven't done this before).

And they wouldn't have known to suggest how you might have wanted to schedule since they aren't photographers. Maybe it seemed to them you were there awhile or took a lot of photos and aren't realizing what the schedule and procedures were like those days.

Doesn't seem anyone was necessarily at fault and maybe with the travel time, being able to schedule in a different or more flexible way wouldn't have been workable. Hope you can work this out with them.
 
They don't get images until they pay
 
Did you realize you said at the first session you had to stage shots and at the second session there was only one patient so you got limited photos of procedures? That might be why you didn't get the photos they wanted. (I reread the beginning to remember what this was about.)

Not sure how you could have done it differently other than going more than twice doing shorter sessions, calling ahead to see if they're busy to be able to get more procedural photos, etc. (which would be hard to know other options in scheduling if you haven't done this before).

And they wouldn't have known to suggest how you might have wanted to schedule since they aren't photographers. Maybe it seemed to them you were there awhile or took a lot of photos and aren't realizing what the schedule and procedures were like those days.

Doesn't seem anyone was necessarily at fault and maybe with the travel time, being able to schedule in a different or more flexible way wouldn't have been workable. Hope you can work this out with them.

The staged photos and the day they only had one patient were the same day. I actually shot on three different occasions.

I talked to a couple of other vets tell me that they refuse to do business with this clinic because of business stuff like this. They apparently have the history of trying to get something for nothing. They even had the audacity to ask if I can come shoot another day for free. This clinic makes well over 5-6 million dollars a year (I have friends that have verified this). So to ask me to take such drastic cuts in my pay is insulting and disrespectful. I always want to do what is best for my clients, but I refuse to become a push over and be exploited. The contract stated two days of shooting (which I did), three weeks for editing, three headshots, 1 group composite of the doctors, and 25 behind the scenes shots, which the office manager specified what shots she didn't want at the original meeting. It is unreasonable to expect me to eat my cost and travel to come out a FOURTH time because you "don't like the shots." All of this has gotten way out of hand because I gave the client control. Lesson learned I guess.
 
From what I can gather:

1. You had a contract.
2. You fulfilled your responsibilities under said contract.
3. They want you to shoot some more for free.

I wouldn't shoot for free, and I would refund them nothing. Furthermore, your last response to them is a manifesto. It needn't be that long. Much of what's written is unnecessary.

Stick to the facts of the case...
 
So, you think that an office manager who didn't even bother to look at the photo options before the first email (and probably hasn't really *looked* at them even now, other than a quick glance over 260 thumbnail images maybe) is going to bother to read that whole email response?

You could have summed that whole email up in way less time:

"Screw off. You are hereby fired as my client."

:biglaugh:
 
From what I can gather:

1. You had a contract.
2. You fulfilled your responsibilities under said contract.
3. They want you to shoot some more for free.

I wouldn't shoot for free, and I would refund them nothing. Furthermore, your last response to them is a manifesto. It needn't be that long. Much of what's written is unnecessary.

Stick to the facts of the case...

So, you think that an office manager who didn't even bother to look at the photo options before the first email (and probably hasn't really *looked* at them even now, other than a quick glance over 260 thumbnail images maybe) is going to bother to read that whole email response?

You could have summed that whole email up in way less time:

"Screw off. You are hereby fired as my client."

:biglaugh:

What these guys said. Don't give them any more images than the contract calls for and don't refund them 1 cent. You got paid, give them what they paid for and tell them to have a nice day.
 
I'm really curious as to why you would even bother a refund for all the grief you were given? It sounded like you fulfilled your end of the contract and they were still a pain to deal with.
 
I'm late to this party, but I toss in my two cents anyway ...

Firstly, halfway through this thread I'm thinking five doctors, it only takes one prima donna to upset this apple cart. One who expects his/her photo to look like Clark Gable or Marilynn Monroe.

Now the new rules ... I'd work with them as opposed to against them. I'd give them a discount on the second shooting ... just to show that you want to be accommodating and not a jerk. (We know you're not a jerk, but when doctors don't get their way they think you're a jerk.) Doctors tend to be know-it-alls, (my best friend is a physician), and these vets thought they could manage the art for their website ... but after they jumped into the pool they realized they didn't know how to swim well and that the pool was pretty deep. But now they're higher on the learning curve and hopefully better able to deliver their specific wants/needs/desires to you. Hopefully, you can spend some time to review their website and see the holes they want filled with art.

While the contract will protect you here and now, future business is based upon good will, accommodation and not counting nickle and dimes ... from both sides.

I know that they are a pain, but just put on a happy face and work with the five prima donnas ... maybe they let you put up a photo credit on they're website to match your selfless, client come first, accommodating business practice.

Gary

PS- I'm not saying to lose money on the deal ... you are totally in the right per your contract ... but for whatever reason they are not satisfied with the outcome. Yes, it is all they're fault for thinking they know graphic design ... but if you cut them a little slack ... maybe all-well-that-ends-well. Word of mouth is the best form of advertising.
G
 
No refund.
That is tacitly admitting mistakes on your part.
I would respond much more succinctly, (none of that appointment stuff, they don't care and it doesn't mean anything)

Dear .......,

The time estimates and costs as expressed in the contract and signed by you are the total extent of my obligation and that has been fulfilled.
It is your office's responsibility to state your requirements clearly and be certain that they are understood as expressed in the contract. It is also your responsibility to make the required subjects and environment available for photography on the dates and times we had arranged.

Even though I have expended more time and effort than originally planned for, your office did not either express its needs clearly nor make the circumstances available.
On each of the scheduled shooting days, the doctors were not prepared at the time set and there was only one patient available during each of the the scheduled shooting times As it was, there was nothing said during the actual shooting that led me to think that you had wanted other or different shooting situations.

I have been generous to you; in point of fact, the cost to your practice is significantly less than what I should have charged for the time expended. As I said previously, my responsibilities in this contract have been fulfilled and I cannot be responsible for a constantly moving target and changing requirements based on unexpressed needs.

Any further services will need to be covered by a new contract and a new estimate of costs.
 
No refund.
That is tacitly admitting mistakes on your part.
I would respond much more succinctly, (none of that appointment stuff, they don't care and it doesn't mean anything)

Dear .......,

The time estimates and costs as expressed in the contract and signed by you are the total extent of my obligation and that has been fulfilled.
It is your office's responsibility to state your requirements clearly and be certain that they are understood as expressed in the contract. It is also your responsibility to make the required subjects and environment available for photography on the dates and times we had arranged.

Even though I have expended more time and effort than originally planned for, your office did not either express its needs clearly nor make the circumstances available.
On each of the scheduled shooting days, the doctors were not prepared at the time set and there was only one patient available during each of the the scheduled shooting times As it was, there was nothing said during the actual shooting that led me to think that you had wanted other or different shooting situations.

I have been generous to you; in point of fact, the cost to your practice is significantly less than what I should have charged for the time expended. As I said previously, my responsibilities in this contract have been fulfilled and I cannot be responsible for a constantly moving target and changing requirements based on unexpressed needs.

Any further services will need to be covered by a new contract and a new estimate of costs.

That's pretty good. I'd drop the last sentence and say ... "While Photos R US have fulfilled our contractual obligations with XZY Vets are Best, you have expressed that you are not completely satisfied with the final product (see above). Photos R US takes pride that at a minimum, our clients are pleased and satisfied with the images we deliver. At this point, Photos R Us feels it would be best to mutually chart a course between XZY Vets are Best and Photos R US which will enable Photos R US to best accommodate all your photographic desires in a fashion that is expedient, fair and equitable for all parties.

Love and Kisses,
Photos R Us

This is a business and try to keep "I" and "me" and "you" out of your communiques. Be precise, you can identify who said what and when, but keep it all factual and objective. Remember that any/all things that are put down in writing can become a legal document. So always write to that standard.

Remember that this is all about business, don't take it personal. Even if the other party gets personal, don't go down to that level. Typically, it is worth walking away with a little less money in order to make a customer happy.

Good Luck and Good Shooting,
Gary
 
So here's what's happened...
She read the email in it's entirety and profusely apologized. I took the second option off the table. I gave them a third option which was original contract terms. I also offered them a credit for one headshot that I am not taking. That way, it shows that they've accepted that I'm not fulfilling the original agreement.

Sure as sh*t, they came back with original contract terms. They've picked their thirty images and about 8 of them I've already edited prior to this fiasco. So just a little bit of work ahead and then done.

Thanks for all of your input. I'm trusting my gut next time I take on a client who seems like they're going to be a pain in the rear.
 

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