IM BEING SUED! Help?

<p>I am a small town photographer who picked this up as a hobby. I do a little of everything from senior pics to family photos and I charge (dont shoot me) $50 just to have some extra cash.<br>

I recently did a maternity session for a couple. When the lady called and booked, she asked how many pics she would get. I told her around 30 as that is all my custom USB's hold, BUT if she wanted to bring her own USB I would throw a few extras on there for her just to be kind.<br>

She has since informed her husband that I told her if they brought their own USB that I would GIVE them ALL of their pictures. NEVER in a million years would I GIVE ALL of the pictures because I take hundreds (adjusting for light, blur, blinks etc.) and never would I give my UNEDITED work anyway. And they are mad that they bought a $30 USB assuming they were getting all their pics.<br>

They are also upset that they did not get to view and select their images.<br>

The ONLY thing I am guilty of was not disclosing that I would be the one to select the images. However, this is stated on my website in which they told me thats how they found me.<br>

Now they are obtaining an attorney as I have "tainted" their whole maternity period. They want ALL the pictures, their $50 back PLUS the $20 tip they gave me, and the cost of the USB they bought.<br>

PLEASE HELP ME! What are my rights? There was no paper contract.</p>

<p>Tell 'em to drop dead. Ooops, shame on me. Well, maybe not.</p>

<p>No paper contract..........verbal contracts are enforceable if they can be proven to exist. </p>

<p>Might be time for a computer "glitch" and ALL those images go to bit heaven.</p>

<p>"Glitch" rhymes with "bitch," and that sounds like with what you are dealing. </p>

<p>If that experience has "tainted" their whole maternity period, can you imagine what might happen if it rained one day, or the woman got an itch, or a dog barked at her? You've got a "nut" on your hands - seriously consider a computer failure, they happen all the time. And pity the poor kid she is carrying.</p>

<p>Get your own attorney, don't waste time with feedback from people not licensed to practice law in your jurisdiction.</p>

<p>I cant afford an attorney. I really cant. I am so financially in a hole that Im having to sell my house to pay my sons college tuition right now. And now this!</p>

<p>What are my rights? Can they force me to give them all the unfinished work?</p>

<p>I am no lawyer and few on this forum are, but I can tell you this much: the person with a lawyer tends to do much better in court than the person without one.</p>

<p>My bet? This is a bluff. They have no attorney and don't intend to pursue it. I'd do nothing until a lawyer sent you something. And then you have no choice but to get a lawyer... well, see my first sentence. </p>

They are going to sue you over $70.00? Tell them to bring it on! Is one of them an attorney? They aren't going to find an

attorney who will take their case if that little money is involved. And it will go to small claims court.

 

That you don't have any sort of written agreements ... Shame on you.

 

If you really are charging that little you're finding an expensive way to go broke faster. How much time have you spent?

Divide the $70.00 by the hours you spent talking to them before the shoot, the time spent at the shoot, any travel time,

image processing time, etc. now start deducting the hard expenses: photo gear, computers, etc. how deep is that hole?

What would you say is your added stress and worry worth?

 

If you want to continue offering your services as a paid photographer, I suggest you join PPA.

 

My advice as a non-lawyer is: But at this point I'd give them full resolution versions of all of their photos, refund the $70.00

along with a note informing them that after they accept the DVD or flash drive you will be erasing their files from your hard

drives.

<p>Give them my UNEDITED files? There is a reason they remained unedited. They are not good. Light, blur, blinks etc... If I do that, they can show people just those bad ones and how would that reflect on me? Am I misunderstanding something? And yes, I know its a cheap price. But my small town has HUNDREDS of backyard photogs charging $25! People around here are just looking for decent photos at a cheap price. I did not always charge so little, but the shoot and burners were KILLING me!</p>

<p>I think Patrick is right about the bluff. For one thing, in most if not all states, there is a minimum amount that must be sued for before it will go to a full-blown court case. In Arizona, the minimum is $2500. If the lawsuit is for less than that, it goes to small claims court - just you, them, and Judge Judy, and no lawyers.</p>

<p>Ellis is right: Give them the refund, the shots, and tell 'em to buzz off. Then, go join the PPA, because as long as you work with clients, this kind of thing will happen again. Which is why I only shoot landscapes and old buildings...</p>

<p>What is PPA?</p>

<p>Professional Photographers of America</p>

<p>http://www.ppa.com/</p>

<p>You don't need a lawyer. You probably won't get sued. You are dealing with a loud-mouthed bully who may be that way because of raging hormones, but may be that way because that is her personality. No lawyer would take such a case... there's nothing in it for the lawyer to make money from: no significant damages and she won't pay his hourly rate. At best this is a small claims case and she probably is too cheap to pay the filing fee.</p>

<p>What you need is peer counseling</p>

<p>First, calm down (as best you can).<br /> Second, prepare your regular USB with the 30 best shots. Select a few additional decent images but hold them aside.</p>

<p>Prepare a receipt that documents what you promised and what you normally deliver. Annotate that additional images were promised IF the client provides their own USB. Have three places for the client to sign: acknowledgment of the agreement; acknowledgment of receipt of your USB; acknowledgment of receipt of additional images on their USB.</p>

<p>Deliver your regular product and get them to sign the receipt. Give them a copy and you retain the original. If they balk at signing receipt of your product(s) then don't deliver until they do. If they will sign for receipt, then give them their goods after they sign. If they balk at signing the agreement, then suggest that they take it to court to resolve whatever else she thinks she is owed.</p>

<p>When you call to schedule delivery, apologize for any misunderstanding her that you know how special this time is and that you really want her to have special images that show her at her best. Sound sincere and confident. Tell her what you are providing in terms of images. Reiterate that your USB with the best images, and her USB with some more fulfills the agreement. Don't address her threats. Just keep repeating what you are delivering for the money she paid. Keep telling her that you know how special this time is and that you really want her to have special images that show her at her best.</p>

<p>If she asks for a full refund tell her that she can have it ONLY if she forfeits the images. DO NOT repay for the USB she bought unless she is giving it to you. If she gets out of control, tell her that any demands for services, product, plus a refund of is unjust and her request is extortion... a real crime. DON'T BE BULLIED INTO WORKING FOR FREE.</p>

<p>I'm first going to make the assumption that you have got some very decent maternity images, correct?<br>

If so, I would agree 100% with Brian's general sentiment, although I am assuming you have already delivered the product to your client - including the images on her USB.<br>

If you haven't delivered anything, I would do EXACTLY as Brian suggests. If you have delivered the product, I would suggest you send a letter to the client, registered mail, informing them that you have already delivered exactly what was agreed to when you took the job. And if it makes you feel better, a $20 check refunding the tip, saying you wouldn't want to accept a tip from someone who was unhappy with your work. That refund is the most concession I would make, and if it were me I am not positive I would even do that.<br>

Not having a written contract might be a slight mistake, but I think it is quite forgiveable in a situation such as this where the fees are only $50. In small claims court I can't imagine a judge being likely to make a big deal of it.<br>

$30 USB flash drive?<br>

if you have tainted their maternity period, you probably have many partners in crime. </p>

 

<p>I have not delivered their images yet. While trying to set up a time to meet to do so, they asked how many pictures were on their USB. When I told them, that's when all this happened.</p>

<p>"I have not delivered their images yet. While trying to set up a time to meet to do so, they asked how many pictures were on their USB. When I told them, that's when all this happened."<br>

Then I would concur with Brian S. That would be a mature, level-headed response.</p>

<p>Wow Brian S., I salute you!</p>

<p>A guy comes on the board looking for legal advice - which is wrong in itself - and you give him what he actually needs; real, sane, mature professional photography counsel. Where were you when I was starting out?</p>

<p>Professional Photographers of America Ray. They offer members liability insurance.</p>

<p>I am an attorney and a photographer. I would doubt any attorney would represent them on this. I don't know what kind of place you live in, but an attorney would place their reputation on the line bringing a case like this. My guess is that any action would be in small claims court.</p>

I agree with Yarvin. But do join PPA. it's up to you but you can get a lot of good business advice from the national level.

<p>You're being sued and the plaintiff has no contract. Tell them to pound sand.</p>

<p>I think you've been given lots of good advice above. Personally, having lived in Britain for over a decade now, I'd probably refer them to the reply given in the case of <a href="http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html">Arkell v. Pressdram.</a></p>

<p>I LOVE BRITISH HUMOUR!</p>

<p>Not an attorney so here is some more uneducated amateur advice. Stop posting on the internet under your name. Everything you post can be found and read. Ask the mods to delete the post or change your name, etc. You aren't sued until you are actually sued, that is presented with a summons or whatever process is served for where you are.</p>

<p>It's probably too late to remind you written contracts and insurance are business necessities. Aside from discussing this, perhaps at some expense now, with a local attorney, I might consider providing a written summation of your remembered discussion/contract. "At the time of our conversation I offered that I would shoot one photographic session and deliver the following items ... (etc.). I agreed to provide selected images in addition to the usual xx that fit my standard delivery media if provided an additional storage device. You agreed to a price of ... With the files I will provide a statement authorizing you or third party printers to print copies for personal, non-commercial use.<br>

As discussed (if true) I will deliver files that have been selected at my sole professional discretion and that meet my artistic and technical standards for appropriate exposure, focus, lighting, composition and content. It is standard industry practice to not deliver substandard files." or whatever language you feel establishes an accurate description of the offers, the compensation, the agreement reached at the time.</p>

<p>Then wait for a response.</p>

<p>It's just me but I'm pretty sure I wouldn't go into copyright ownership being retained in any detail nor would I suggest that you might want them to sign a model release allowing you to use the images in your professional portfolio and advertising.</p>

<p>Just ignore them and they will go away. No one is going to take action of $50. If it bothers your conscience enough, just pay back their $50. I wouldn't though.</p>

<p>http://www.avvo.com/free-legal-advice<br /><br />If they had retained an attorney you would know. Think about it, any attorney would advise them not to communicate directly with you but only through the attorney. Has their attorney contacted you? If not, then it would be safe to assume that they are bluffing. My stepdad used to do that all the time when he was running his eBay business selling hubcaps. His terms as posted in every listing stated that it is the responsibility of the purchaser to determine if they are ordering the right part and that there were no returns. If anyone tried to threaten to give a poor review because they ordered the wrong part and wanted their money back, he sent them a letter written in legalese. It always worked. <br /><br />I'd bet my 17-40 f4 L</p>