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My photographer won't give me my pictures


julia_giddens

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<p>I found my wedding photographer through a friend who referred my sister to her. My sister had her wedding photos as well as her baby's newborn photos taken by this photographer. Her work is beautiful. When my sister got married, she gave my sister a USB with her engagement photos on it, then when my sister went back for her bridals, she took the USB with her, the photographer added to it, and the same thing with her wedding photos, the photographer just kept adding to it. It took my sister about 2 months to get her wedding photos back, but because I was so impressed with her work on my sisters photos, I hired her to do my wedding. I paid 2k for a package that included bridals, engagements and the wedding. We got my engagement photos done, and she posted them to a website for me to look at, they were fabulous and we were happy with the results, I got them about 2 weeks after the photos were taken. She never got me the USB that she had promised me, but I didn't worry about it since I had an appointment for bridals with her. I got my bridals done a week before my wedding (I know that is cutting it close, but because of a scheduling conflict that was the only time she could do it.) She again posted my pictures to her website, asked that I choose 10 that she could edit in time for the wedding, and she would edit the others and get them to me on the USB along with my wedding photos. On Feb 21, 2015 we got married. She showed up on time, but one thing that kind of irritated me, but I was too busy getting married to make it an issue, is that in the package, she stated that it came with a 2nd skilled photographer for my wedding day, but it was just her that showed up. I figured since it was just her at my sisters wedding it would be just fine. The day after my wedding, she uploaded about 5 teaser pics to her facebook, and those are the last I have seen of my pictures. Unlike the engagements and bridals, she has never uploaded them to a website. I have asked her several times since then (it has now been 3 1/2 months) how my pictures are coming along. She keeps putting me off with excuses of computer issues. I was telling some friends that I hadn't gotten my photos yet because of the photographers computer problems, and someone said "Are you afraid that is code for she lost them and they aren't recoverable on her computer?" That made me pretty nervous so I sent her a text stating "Hey, sorry to bother you, I know you have had problems with your computer, I am just paranoid that my photos were lost and I really just need some peace of mind." The photographer became unglued and said (in a nutshell) "You aren't my only client, everyone is having to wait. I will have some answers about my computer tonight, and I will let you know when you can get your pictures." By the way, in the mean time she is somehow posting edited pictures of her daughters senior pics on her facebook page. After consulting with a relative who is an attorney, I wrote a letter that I plan on sending on June 21, 4 months after my wedding, stating that I expect my edited engagements, bridals and wedding photos to be delivered to me on a USB on or by July 21. That will have given her 5 months. I stated that in the event that I have not received those photos, I will be seeking legal counsel. The thing that makes me nervous, is that no contract was ever signed. I know this is naive of me, but I really didn't think I needed one. Basically what I am asking is, is this a proper route to take?</p>
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<p>Your approach sounds proper to me; she had ample time to give you pictures or explain the delay which she elected not to. </p>

<p>The absence of a written contract does not alter the facts of the events which took place; an oral agreement, her showing up at your wedding to shoot photos, any receipt of money and correspondences will all support the existence of an enforceable contract.</p>

<p>The problem you might be facing is that some the pictures might no longer exist, so you should be entitled to a partial refund if you choose to accept whatever pictures are offered to you. <br>

</p>

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An attorney probably won't be of much use, because if the photo's are gone from a bad hard drive nothing can

really be done. Since no contract was signed you may be better off going to Small Claims Court, if you live in

the US. Judges can be, but not always, favor your claim and call this a verbal agreement/contract. I'm not an

attorney of course.

 

The place is expensive, but there is a place called drivesavers.com. (800) 440-1904 They are open 24/7 so call anytime. To recover images on a broken hard drive

could cost about $2500. I have an account with them so if you can get the hard drive you will save about 10

percent, just by using my name. Ask the photographer to send off the hard drive to them. If they can't recover

the wedding photo's they don't charge. They are located in California. By the way, if you or the photographer send the hard drive overnight to them, they usually call the following day to update you. I was once in the computer business, thus the reason for having an account with them.

 

Ask the photographer to recreate as much of the wedding as possible, such as the formals.

 

A good professional wedding photographer should have insurance for cases like this. This can include flying in

people from out of town, paying for the flowers, the cake, all of that. I had a policy like this and thankfully I've

never had to use it. I have some health issues so I've stopped shooting weddings for now, but I hope to get

back to this. If she doesn't have an insurance policy, she should still recreate the wedding and pay for

everything.

 

A good professional photographer should have stored your wedding on 2, 3 and even 4 other hard drives as

well as making a few DVD's. Hope this helps and keep us posted.

 

Don't let your photographer get an attitude with you. She made a lot of mistakes by not backing up your

wedding and deleting the flash card images of your wedding.

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<blockquote>

<p>After <strong>consulting with a relative who is an attorney</strong>, I wrote a letter that I <strong>plan on sending on June 21,</strong> 4 months after my wedding, stating that I expect my edited engagements, bridals and wedding photos to be delivered to me on a USB on or by July 21. That will have given her 5 months. I stated that <strong>in the event that I have not received those photos, I will be seeking legal counsel.</strong> The thing that makes me nervous, is that no contract was ever signed. I know this is naive of me, but I really didn't think I needed one. <strong>Basically what I am asking is, is this a proper route to take?</strong></p>

</blockquote>

<p><br /> You’ve given a good outline of the events and I understand your frustration, much of which is because you are under emotional stress (worry if your photos are lost) and not in full possession of the exact situation, from the Photographer’s side of the fence (ignorance of her position).</p>

<p>To answer your direct question, frankly:</p>

<p>1. You have already ‘<em>sought legal counsel</em>’, and, as a result of that legal counsel you have written a letter which you plan to send on June 21: so, frankly, it doesn’t sit well with me for one to write in a letter that one will initiate something which has already been initiated.</p>

<p>2. I can’t comment on whether it is a ‘proper’ route or not: but based on what you have disclosed I don’t think it is the most expedient route for you to take <strong><em>at this point in time.</em></strong></p>

<p>***</p>

<p>It occurs to me that much of the dialogue between you and the Photographer has been via text or email, maybe telephone - I would cut that out and schedule a meeting: even if you have had a face to face meeting with her before, I would still make one other meeting.</p>

<p>Secondly I would have a <strong>clear agenda</strong> at that meeting to firstly <strong>outline the outcomes that you want</strong> and secondly for <strong>her to explain and clarify the issues that she has in meeting those outcomes. </strong>Note that the Photographer might not be able to articulate the problems that she has - it might be that she has a technical issue which she has never come across before and is in a panic about it. But it is clear from what you have written, that you don't know exactly what are the issues that are delaying your Photographs. All the other information about posting her posting some other work to facebook and her other jobs is irrelevant: simply focus on identifying the issues with getting your job completed.</p>

<p>Thirdly <strong>arrive at a date at which some or all of the outcomes will be delivered.</strong></p>

<p>I’d suggest that you <strong>take a diary note (record of interview) of the meeting</strong> and <strong>reproduce that record in point form and send it to her within a few hours of the meeting</strong>.</p>

<p>The bottom line is that <strong>you firstly need to identify what you want to achieve</strong> – and it seems clear that <strong>what you want are all your Photographs</strong>, above and beyond money for compensation or dragging you and her through any legal processes.</p>

<p>If your first priority is that you want all your Photographs, then you need to remove all the emotion from the situation and simply (in the first instance) set up a situation where you put yourself in the role of the Manager, to collaboratively work to get the Photographer to the end goal, that you require.</p>

<p>With all due respect to your Attorney Relative and <em>based upon the facts that you have presented here</em>, raising the emotive stakes to a level of (implied) legal action, is not the best, pragmatic, unemotional, business choice that you have available to you, <strong><em>at this point in time</em></strong>, <em>if it is the Photographs that you want. </em></p>

<p>WW</p>

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<p>I should have clarified that she told me that she did not lose my photographs. I think what has happened is that she has taken on too much of a work load with additional jobs, and editing my wedding has been put off. She has been doing a lot of senior pictures lately and I guess those took priority. I am just getting frustrated about the long wait and her rude responses to my inquires. </p>
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<p>Not being a lawyer, nor a professional photographer: I'd take the route William suggested. Threatening with legal actions is a way to quickly put the whole discussion under a lot of pressure and make negotiations harsh. It is a last resort, and really only that. If she already is stressed, psuhing the stress level up any further can well have the reverse effects.<br>

Meet with her face to face, express that you understand she is busy and has other jobs to fullfill, but that you're a paying customer just as well, who should be equally entitled to be treated properly and get photos in a reasonable time. She should really understand your frustrations and that you feel treated in a rude way - it's bad business. And aim for a solution: ask what you can do for her to deliver the photos soon - attempt to take pressure away (even if only in words). For what I can see from your story here, you'll probably get more done with a softer approach. If that still doesn't yield anything, you can at least for sure say you really honestly tried a fair, humane and friendly solution.</p>

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<p>"I think what has happened is that she has taken on too much of a work load with additional jobs, and editing my wedding has been put off. She has been doing a lot of senior pictures lately and I guess those took priority."<br /><br />I agree that that's most likely the case. Three and a half months is a long time to get proofs but it's nothing at all in terms of getting finished photos. It can routinely take six months, even a year, to get final wedding photos, often with a big piece of the lag being the bride and groom taking their time to make their choices.<br /><br />Your photographer probably has bitten off more than she can chew in terms of workload. But the senior photos are time sensitive both in terms of the season for shooting them and maybe deadlines for gettting them submitted to yearsbooks.<br /><br />As others have said, I would hold off on talking about legal action. 1) it hasn't been long enough for you to say that the photographer has failed to deliver and 2) your only option would be small claims court since $2,000 (while a lot of money) isn't enough at stake for a lawyer to get involved. </p>
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<blockquote>

<p><em>"I should have clarified that she told me that she did not lose my photographs."</em></p>

</blockquote>

<p>I'd ask for a contact sheet of the unprocessed wedding photos to be assured they indeed weren't lost - it takes a few minutes to produce and email - then you will at least have the peace of mind that it's only a matter of time to receiving processed photos.</p>

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  • 4 months later...

<p>All depends entirely on the agreement you have with your photographer, contract wise, if it says 2 weeks delivery then you should have them, if it says 10 years delivery then you are in the wrong. Obviously I am being extreme here. <br>

Having said that, if the contract says 2 photographers the photographer is already in breach of the contract unless she has notified you prior that there would be just one. </p>

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