If I am the bride and I'm pissed because my photographer took ****ty pictures, I am going to sue because my once-in-a-lifetime moment that should have been captured correctly was not because even though my photographer said he could do it, couldn't, and he's going to pay for lying to me. She can sue for all sorts of things, pain and suffering, loss of the photo album that she should have had, etc.... It's pretty simple.
Whether or not there is a contract, and whether or not the photographer is getting paid is irrelevant. If the photographer says they can satisfy the bride's wishes, and doesn't, the photographer could get sued, and could very well lose.
Besides the point, the OP doesn't have the experience here, and doesn't have the equipment. I would never shoot a wedding without at least two bodies(one zoom and one wide angle), and that right there means he shouldn't be doing it. Weddings are nothing to **** around with, if you can't do them properly, don't do them at all.
First off...I tend to lean towards Darkhunter's position on this one. I know that I'm a nobody but here's my take on some of your comments...
(1) "...
my photographer said he could do it..."
I'm fairly certain that you are putting words into the OP's mouth here. In my mind, its pretty simple really - Don't say that! Simply state that you will do your best and should there be any doubts, hire a professional.
(2) "
She can sue for all sorts of things, pain and suffering..."
I'm not sure where the pain and suffering theory comes from. Why? I assume you are implying because she didn't obtain grade A photographs at the end of the day? There will still be a product, however, the quality of that product may not meet the expectations...Nobody was given a personal guarantee of the quality of the final product...Read #1 again.
(3) "...
She can sue for all sorts of things, ...loss of the photo album that she should have had..."
You can't sue for the loss of something you never had. Technically, this would fall under the "pain and suffering" tab. Read #2 again.
(4) "...
whether or not the photographer is getting paid is irrelevant..."
Incorrect. The following was told to me by a lawyer years ago - In order for a contract to be valid (verbal or written), a monetary sum must flow from one side of the contract to the other. For example : if you ride share with somebody to work and get into an accident - you can't sue your driver unless you have compensated him/her for the service or have agreed to compensate him/her in advance? The total sum of money that exchanges hands is irrelevant. It can be as little as a single dollar.
(5) "...
If the photographer says they can satisfy the bride's wishes, and doesn't, the photographer could get sued..."
Again, I believe that you are assuming that the OP is offering some form of guarantee. Personally, I would never make such a statement. In fact, I would highly recommend that the OP states something to the following : "I will do my best". Again, this is the same as the first statement that I commented on. Read #1 again.
Free doesn't matter. He is entering into a verbal contract to do something. I agree that a contract be made explaining expectations and limitations, and being free from "damages".
If I washed your car for free, and scratched it because I got gravel in the sponge, are you able to sue me, or can you not because it was a "free" carwash?
Regardless of the cost, he is providing a service, and if he fails to deliver...hilarity will ensue!
(6) "...
If I washed your car for free, and scratched it because I got gravel in the sponge, are you able to sue me, or can you not because it was a "free" carwash?..."
Tricky one...None-the-less, there is physical damage done to personal property. Whether or not you were washing the car or just walking by and bumbed it with a shopping cart, there is valid cause for a lawsuit. The theoretical contract is irrelevant - damage has been done to personal property, hence a lawsuit for "damages".
The law is a funny thing and relies much on langauge and wording. Having said all of this, you yankees sue eachother (civil suits) over the most radiculous stuff. I admit, I know very little when it comes to US law and above is my interpretation of
Canadian law. With that said - I don't know where the original poster is from...
These are just my views and oppinions. I'm entitled to them just like everyone else. Perhaps we should simply agree to disagree.
My advice to the OP is simply this : Speak to a lawyer and find out EXACTLY where you stand. Furthermore, the smart money would be on making a contract which completely relinquishes you of ALL and ANY "potential" damages. Oh...And take LOTS of pictures!! You can always exclude pictures from the album - you can't fabricate photos after the fact.
Cheers!
- Dan