refund?

rub · Aug 13, 2011

A few weeks ago I broke my collarbone and tore my AC, the night before a wedding.

As per my contract, I found a suitable replacement ( they did a wicked job ) and am just about to deliver the client proofs.

I received an email from the brides father 2 weeks ago pretty well saying they would ruin my reputation if I didn't provide the images right away (my contract says 6 weeks) and they thought I had taken the money and ran.

Yesterday I received an email from the bride saying they wanted a refund, as they had saved all their money for me, and didn't get me.

My contract is clear, but I do not want a battle, particularily a public one.

Any suggestions on what to do?

Their package includes a high res disk for personal use only, and a canvas. I am doing all the editing, and paid the replacement shooters nearly the entire wedding price. $1360 from $1750 - plus I have $300 in hard costs. So right now I'm sitting at making $90 on this entire wedding.

Thanks.

Authorized · Aug 13, 2011

Tell them to %$&^ off. People say, "I'll tell everybody you blah blah blah, and it will ruin your reputation." all the time. They never do. What are they going to do, run a television and radio ad? If your contract is solid, you have nothing to worry about.

Railphotog · Aug 13, 2011

So they'd be happy with no photos at all, or did they want the substitutes' photos for free? I'd tell them to bugger off.

tirediron · Aug 13, 2011

If you contract is solid and it sounds like it is (but I'd get a legal opinion first), then yep, tell them to take a long walk off of a very short pier. You fulfilled the terms of your contract.

Mitica100 · Aug 13, 2011

Robin Usagani · Aug 13, 2011

Wow.. that sucks that you get cold hearted customers like that. I couldnt think of ONE past client that would do that to me. They probably feel really bad with me breaking my collar bone.

Did you keep a good communication between you and your client? At least post some sneak peek photos? Just so they know you were working on it. If you had 0 communication then I cant blame them for thinking you ran with the money.

KmH · Aug 13, 2011

I love posts like these. We only get to hear one side of the story. But add me to the list that advocates telling them to pound sand, and that unjustified attempts at reputation ruining frequently backfire.

I highly recommend you save and print all the emails, and on Monday morning use the $90 to contact and schedule an appointment for a consultation with an attorney. Hopefully, the same attorney who helped you create your contract.

jake337 · Aug 13, 2011

I think they are just rying to get you to give them some money back or something. I'm sure the bride would want some photo's of her wedding. Trying to ruin your rep would leave them with nothing to remember her big day besides cellphone pics and p&s shots.

rub · Aug 13, 2011

Thanks all. The communication was there the whole time. I was slower than usual in getting the teasers up, but they saw them and loved them.

They want a refund and the photos.

I just wanted to be sure I wasn't 1/2 insane and that maybe I should be giving them
Something because I wasn't there.

johnh2005 · Aug 13, 2011

rub said:
Thanks all. The communication was there the whole time. I was slower than usual in getting the teasers up, but they saw them and loved them.

They want a refund and the photos.

I just wanted to be sure I wasn't 1/2 insane and that maybe I should be giving them
Something because I wasn't there.

This is what I thought from the beginning. I would tell them no refund and no photos and to bed over and... Well these are nicer forums than that... Seriously what is wrong with people now a days? Seriously? Saw the teasers and loved them. Bitched you were not the photographer but they WANT the photos and a refund? I would mail them a certified letter with a bunch of old dog photos and see them in court and just show the receipt for the cert letter and say you mailed them the photos you have no idea what they are talking about.

Ballistics · Aug 13, 2011

It definitely sucks that you weren't the photographer. I'm sure you can understand the frustration there. But that's about as far as I would go to justify their actions and behavior because frankly, that isn't how people should act. To demand a refund AND the service is ludicrous. Like it's a fast food service. If you did follow your contract, and a substitute photographer was apart of it, then they have no choice but to accept it. This is exactly what is wrong with consumers these days. They believe that because they are the consumer, they have ALL rights and the service provider has none. Every business has it's nightmare clients, so it's only a matter of time before you had one. Sorry to hear this and hope it goes your way.

Tony S · Aug 13, 2011

Umm, are you sure the photographer you had replace you hasn't been trying to drum up the business from them even though you gave him most of the contracted amount?

IgsEMT · Aug 13, 2011

If u r a PPA member, they have services for situations like these.
Good luck and feel better

j28 · Aug 15, 2011

There is no way I would give a refund and the images. It sounds like they are trying to take advantage of you.

bennielou · Aug 16, 2011

Hi Lady,
I'm so sorry to hear about your breakage. Ugg, I've had a broken collarbone in the past, and it's blindingly painful. Get better soon!

Now for the sad part: People sue other people every day for all kinds of petty B.S. They can also talk all the smack they want on the internet.
The happy part: is that you covered yourself with a contract that had a stipend for this situation, an excellent reason for transferring the job (it was actually in the clients best interest as you couldn't have done the job to your normal ability with a break like that), and seem to have bent over backwards to make them happy. You provided them with photos that they really like. There is no judge anywhere, in a courtroom or the internet that would take there bitching as legit.

YMMV, but my response would be to say it just like I have above. Let them know that THEY were your first concern. And that you DID take care of them. And NO WAY IN HELL do they get the photos AND the money. Pick one.

This type of thing has happened to a few friends of mine in town, and they stuck to their guns, and came out a.o.k on all counts. They won their court cases, and they also won the sympathy of lots and lots of brides who totally went with the photographer in the dispute.

Just get well.