f._suarez Posted August 1, 2008 Share Posted August 1, 2008 Hello everyone, So it seems that I have huge problem looming over my head. I met this client at the first wedding I shot back inJune and had agreed to shoot her small, family-only ceremony for $50. Yes, it's highway robbery, but I was astarry-eyed newbie building my portfolio (still am) and she was a huge help in getting the family formalsorganized and didn't come from a high-income family. I thought this would be a nice gesture and help me out as well. I sent her the contract over a month ago. Specifically told her to send it back to me as soon as she could toreserve the date. Provided all my information and the best ways and times to contact me if she had any questions. A week goes by, no reply. I send a follow up email asking her if she received the contract, resent the contractin case she didn't receive it, and stated for her to make sure I receive it by July 31. She calls me back andsays she received the contract, has no problems, is very excited, etc. etc. There are just some details that needto be worked out, but she'll send the contract once they work them out. July 30- She calls. I'm at my job, so I can't answer the phone. She sounds peeved in the message she left,stating that she had some issues with some of the things on my contract and wanted me to call her back to answera few things. I call back an hour later, no answer, leave a voicemail. This was in the evening. Yesterday- Still no call back. I call her again mid-afternoon, no answer, leave another voicemail. Today- Called her this morning as soon as I woke up. Her cell phone's shut off. I sent an email explaining thatthe contract is past due and that I have no information from her regarding the address of the ceremony or anitinerary. In fact, the only info I have is the time the ceremony starts. Told her to contact me ASAP otherwise Icould not shoot her wedding. Also stated again that I would not shoot the wedding unless the signed contract wasin my hands. This client has been less than communicative, only to call me to assure that she did want me to photograph herwedding and that she was excited and that the "details were being worked out" and she'd get back to me later. I realize my mistake: only asking for $50 (she obviously doesn't see me as an important enough vendor to get backto on time) and being so lenient with the contract deadline (when I had asked to receive it earlier, she said shedidn't have the details worked out yet so I gave her the July 31 date). My question is... how far do I have to bend over backwards for her before it's okay to just not show up for thewedding? Obviously, I can't show up as she has not given me the details, but from my experience with her, Iwouldn't be surprised if she called 2 days from now and asked if she could just give me the contract on herwedding day. I am losing money and time on this wedding, and as much as I want to build my portfolio and make everyone happy,this is getting to be too much. The wedding is 3 hours away from where I live. What should I do? Link to comment Share on other sites More sharing options...
BrianS1664879711 Posted August 1, 2008 Share Posted August 1, 2008 You may have done too much already. Quite before you get any further behind. Think about the situation: you have no contract, no deposit, and a potential client who is expressing no interest in formalizing the "deal" you thought you had. Unfortunately you have nothing. You might be better off concentrating on finding a real client for that day. Call the "client" and tell her you are no longer available! ... Link to comment Share on other sites More sharing options...
BrianS1664879711 Posted August 1, 2008 Share Posted August 1, 2008 Ooops. "Quite before you get any further behind." should be:Quit before you get any further behind. ... Link to comment Share on other sites More sharing options...
Leonard-just-Leonard Posted August 1, 2008 Share Posted August 1, 2008 You are done. Send a registered letter terminating anything to do with this wedding, since the deadline has passed and they have no apparent interest in using your services... even if they are almost free. Sounds like way more problems are lurking and for 50 bucks you have already gained a lot of experience on the issues of running a business. Link to comment Share on other sites More sharing options...
picturesque Posted August 1, 2008 Share Posted August 1, 2008 Technically, you can walk away from this with no fear of legal problems such as being sued, because you have no contract, although verbal agreement can be a contract. Realistically, I would still handle with care and try to bring this situation to a positive end--which is for you to photograph the wedding and make what you can out of the experience and resulting shots. I would continue to try to get a hold of her, but I would also send the contract by certified mail and put a deadline on it. If it isn't in your hands by x date, you will not be showing up. Document everything. Depending upon how this person could impact your budding reputation, I would even go so far as showing up on the day to receive the contract and begin shooting. You need to use your judgement and evaluate how the consequnces of negative feedback can affect you. Link to comment Share on other sites More sharing options...
garrett_cotham Posted August 1, 2008 Share Posted August 1, 2008 What Brian and L.J. said. The client will have no one to blame but herself (although it wouldn't surprise me if she blamed you). Cut your ties and consider yourself lucky. If she has been this difficult already, imagine what she might be like after the wedding when she expects you to do hours of image editing, make prints, album, etc. Even if you are building your portfolio, you shouldn't be losing money, and with the wedding being 3 hours away, you would be. Good luck to you in future weddings! Link to comment Share on other sites More sharing options...
dangin Posted August 1, 2008 Share Posted August 1, 2008 you've got a lot of good answers here and if anything this was just another lesson learned in the grand scheme of things so i won't reiterate what others have already said. one suggestion i would make if you're trying to build a portfolio and more importantly, learn the craft, is to to it the old fashioned way and apprentice under a good photographer. you could potentially avoid having to "learn" other things the hard way in the future. welcome to the wonderful world of wedding photography and good luck! :) Link to comment Share on other sites More sharing options...
f._suarez Posted August 1, 2008 Author Share Posted August 1, 2008 Thanks everyone for the words of advice. I'm going to wait until tomorrow to see if she replies to any of my messages, then I'll send a letter stating that if she does not send me the completed contract by US mail for me to RECEIVE by Wednesday, August 6, then I will be unable to photograph her wedding. I would love to take Nadine's advice and go above and beyond my call of duty (all my past jobs have required heavy customer service/"the customer is always right" beliefs so I'm inclined to be a people-pleaser) but the bride has yet to provide me with a venue name or address or even her home address. Dan-- that was actually my initial plan, to apprentice under an established photographer. I spent the earlier part of this year emailing and calling different studios/photographers in the area to see if they were looking for an apprentice or even just an assistant. I had 3 photographers tell me they would love to have me on board for the summer. I replied asking if I could meet with them in person to work out the details/expectations. Two never replied after that and one replied after I did a second follow up, saying that she didn't need the help anymore. Maybe people just don't like talking to me. Could there be such a thing as too much communication? Link to comment Share on other sites More sharing options...
dangin Posted August 1, 2008 Share Posted August 1, 2008 i'd say this brides probably a lost cause. don't feel bad about getting out of it. this is not the first time something like this will happen and certainly not the last. 95% of the rest of them do go much more smoothly than this though. i'm not sure what area you're in, but you're in the chicago area, the studio i shoot for is always looking for good eyes. :) Link to comment Share on other sites More sharing options...
scott_b.4 Posted August 1, 2008 Share Posted August 1, 2008 sounds like she is more trouble than it is worth. if the contract is not already signed, i would void it. Link to comment Share on other sites More sharing options...
john_h.1 Posted August 1, 2008 Share Posted August 1, 2008 "you can walk away from this with no fear of legal problems such as being sued, because you have no contract, although verbal agreement can be a contract." This is sort of contradictory as there is no discussion as to whether a verbal contract was formed. Contrary to the previaling view here, a verbal contract can often be formed even when there are stated intentions that it be codified in writing. If the agreement is that it won't be valid unless it is is written and signed, that is different but then its a matter of proof. Also, many contracts can be enforcable, even if generally important terms are missing. I'm not predicting that there is an enforcable agreement in this particular case, indeed critical (more than important) terms are missing (Fareine should have obtained the information) or even the opposite. The point is that many seem to believe in general that, just because an agreement is not reduced to writing and/or there are missing terms, that there is automatically no binding contract. That's not true. Its critical in future cases to be able to show proof that potential clients are advised that no agreement is enforacable unless there is a executed written contract. When that is not done but there is an agreement, the safest route is to try to discharge the duties under the agreement as Nadine suggests here even though it seems to be suggested for other reasons. Link to comment Share on other sites More sharing options...
picturesque Posted August 1, 2008 Share Posted August 1, 2008 John--yes, I realize my statement was contradictory. I also failed to note that Fareine does not know where the wedding is, so she can't go there anyway. Short of quizzing other people that might know, if she can't find out where it is, or what time, etc., she can't just show up no matter what, which is why I suggested the certified mail letter/contract. Link to comment Share on other sites More sharing options...
john_h.1 Posted August 1, 2008 Share Posted August 1, 2008 "if she can't find out where it is, or what time, etc., she can't just show up" She seems to be trying her best. Its hard to see how a better good faith effort could be made at this point. Link to comment Share on other sites More sharing options...
f._suarez Posted August 1, 2008 Author Share Posted August 1, 2008 All those detail requests are built into the contract I gave to her. When I initially agreed to do her wedding, she said they didn't even have an exact date specified nor did she know where they were going to have it. I didn't get an exact date from her until the beginning of July, and she was still looking for a venue then. That's around the time I gave her the contract, which was why we agreed on a July 31 deadline, so that she had the time to work out the details and an itinerary. I can understand her being overwhelmed and busy, especially the week before the wedding. I can even understand missing the deadline. I'm a bit annoyed that she didn't decide to look at the contract and ask questions about it until a week before her wedding, but I understand that some people just naturally procrastinate on everything. What I can't understand is her lack of ability to call me or email me back and at least tell me that she'll get back to me with the details or even that she doesn't agree with the terms of my contract and refuses to sign it. In my experience with her, the only time she tries to communicate with me (with the exception of a couple days ago) is when I call her or email her saying that I haven't heard anything from her in awhile, how's the planning process going, is she still interested in my services for the wedding. And then her usual reply is, "Yes, we're so excited to be working with you, BUT we still need to work out some details, so I'll get back to you later." Honestly? I think she's still working out the details. My big lesson from this whole experience is to tell people up front that I will not reserve a date for them until they fill out and sign my contract. Link to comment Share on other sites More sharing options...
tdj Posted August 2, 2008 Share Posted August 2, 2008 You have received alot of great advice, and I'll simply add this: if she's this much fun to deal with before the wedding, imagine what she will be like afterward! Link to comment Share on other sites More sharing options...
savagesax Posted August 2, 2008 Share Posted August 2, 2008 Frankly you've done enough. Maybe, or most likely, she's hired someone else. Don't worry about it anymore and follow the suggestions of everyone...no contract no shoot. It's that simple. If she calls you at the last minute bring a contract with you, but don't take a photo until someone signs it. I have had a few couples show up and sign the contract 5 minutes before the start of the wedding. You can also tell her someone else wants you for that date, so if she doesn't call you within 12 hours or whatever time limit you wish to give her, you pretty much know she's not booking with you. Link to comment Share on other sites More sharing options...
guido_h Posted August 2, 2008 Share Posted August 2, 2008 As it stands, the remaining "details" will be worked out last minute at the wedding, I suppose. Which means that you'll likely learn on location that you will be shooting for $0 that day. Good luck and happy 6 hours driving! Link to comment Share on other sites More sharing options...
davebell Posted August 2, 2008 Share Posted August 2, 2008 For $50, forget about it. She obviously doesn't want to talk to you. Put you efforts into finding other another gig. Link to comment Share on other sites More sharing options...
jeffrey_prokopowicz Posted August 2, 2008 Share Posted August 2, 2008 It sounds to me that it was setup as a casual, friendly, mutually beneficial agreement rather than a hardcore business deal, especially considering the pittance of a fee, but then you become all hardcore about a contract, insisting on deadlines for returning the contract, etc. etc. I think the "client/ friend" (I don't know what to call her) became turned-off and angry by the change in your manner to hardcore business from originally a friendly, mutually beneficial casual agreement. If it was a legitimate business arrangement from the beginning, you never would have just charged fifty bucks. If I was in the client's shoes, after receiving your contract, and the pressure you were applying, I would have run away from you as fast as possible. I would think I was being setup, and the fifty bucks was just a come-on. Your mistake: are you in business or just a generous donator of your services? Mixed messages that smack of shadyness. I don't blame the "client" one bit. Link to comment Share on other sites More sharing options...
ken_thalheimer Posted August 2, 2008 Share Posted August 2, 2008 The contract is not signed & only $50 for a wedding that's 3 hours away? Just move on. She's obviously put the wedding off or is using someone else Link to comment Share on other sites More sharing options...
annealmasy Posted August 2, 2008 Share Posted August 2, 2008 You have no contract and no money. Your verbal agreement hinged upon provision of the contract and deposit. You don't even have her home mailing address. Call her and leave a message letting her know that because you did not receive the necessary paperwork in time, you are no longer available to photograph her wedding. She may pitch a fit, but there's really no love lost at this point anyway, right? That's what I would do. :) Link to comment Share on other sites More sharing options...
dirtlawyer Posted August 2, 2008 Share Posted August 2, 2008 Fareine: why are you waiting until tomorrow? Notify her NOW, by certified AND regular mail that there is no contract and that you will not shoot the wedding. From experience, I can tell you that you are being jerked around for some reason you may never know, and that this is a good time to prevent any further problems. Link to comment Share on other sites More sharing options...
jeffrey_prokopowicz Posted August 2, 2008 Share Posted August 2, 2008 haha, no one is able to put themselves in the "client's" shoes. Photographers never make mistakes, haha. Link to comment Share on other sites More sharing options...
jaubele1 Posted August 2, 2008 Share Posted August 2, 2008 For future reference, it may be useful to include a "drop dead date" when sending out a contract for signing -- i.e. a date by which the contract must be signed and returned to you, or else any agreement is considered null and void. Link to comment Share on other sites More sharing options...
stanleys Posted August 2, 2008 Share Posted August 2, 2008 I'm with Jeffrey on this one. What's in the contract that she would object to? Link to comment Share on other sites More sharing options...
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