Photographer Not Delivering Satisfactory Album

Hello,

I was recently married and contracted with a photographer to provide wedding day coverage as well as an album of

40 panels. I received the images and am satisfied with them. The problem is now that the photographer will not

deliver a satisfactory album. Since I must order the album within a few months or forfeit my right to purchase, I am

seeking a refund of the fair album price so that I can take my business elsewhere. She is refusing to refund me the

money.

 

Several months ago, I sent her a list of the photos I wanted used, in the order I wanted them used, and some general

considerations about not cropping, etc. I even sent her all the images I wanted to be used. She provided an album

design that cropped many of the images, did not include all the images, and had the images out of order. I asked her

to correct the problems, and she sent another layout which still had the same exact problems - photos not included,

photos re-colored, photos cropped, photos out of order, etc.

 

I asked her how we could expedite the process, and she told me to send her instructions page by page of what I

wanted done. I did this. She provided a third album layout that still had the same exact problems - photos out of

order, photos not arranged according to my instructions, and she even included photos I didn't even specify! (photos I

had never seen before - definitely not the ones I provided.)

 

I told her I was unhappy with this and she suggested working panel by panel. For each panel, she sent over 4-5

versions which did not comply with my layout instructions. I told her repeatedly what was incorrect or missing. Using

this process over several weeks, we finally got a few panels approved. However, after she sent me yet another panel

layout which did not comply with my instructions, I finally told her I was concerned with the process, because she

had now sent over 130+ panels that did not comply with my layout instructions. She told me to "only respond [to her]

regarding the matter at hand." I feel that I paid for a service, I have a right to comment on how it is delivered to me - I

am the client.

 

I have asked for the appropriate portion of my payment so that I can get my album elsewhere. The amount I'm

seeking is less than 20% of the total price. I can't say she is making an effort when she constantly sends me album

pages for review that do not comply with my instructions. (I have even had other non-designers read my instructions

to ensure they weren't confusing.)

 

I'm so unhappy with this photographer, I just want to end the relationship. (I can't imagine she's enjoying the process

either.) I feel like I've given her many chances to provide a satisfactory album, and she hasn't. We still only have 10%

of the album approved after several months. At this rate, I will not have an album approved in time, and will have to

forfeit my opportunity to purchase one.

 

Any advice on how to resolve the situation would be appreciated.

There's always two sides of the story and I'd really like to hear the other side......

 

Apart from that, I don't see anything wrong with you requesting a refund but only for the photographer's actual

material cost of the album, which may be significantly lower than what you'd want. I'll also bet that she's not enjoying

the process either. Without assigning blame to either one of you I believe that would be the fairest solution.

Assuming blame soley on the photographer's part, without hearing their side of the story would also be unfair. While

you may be unhappy with the desig work, it appears that her efforts thus far have been considerable.

I would also bear in mind that depending on what kind of album you are expecting, that as a client, you will not have access to most of the top quality albums since those companies only work directly with the photographers and album designers.

Considerable and apparently incompetent! OP specified pictures to be used, pictures were apparently not used. OP specified no crop, pictures were cropped. OP specified order of photos, photos are presented out of order!<br>

How frustrating! I feel for you and wish you luck. If she doesn't want to refund your money then I'd demand an extension on the deadline.

It all comes down to what's in your contract regarding her design and your satisfaction with it - or not.

We design lots of albums and make it clear in our contract that we consider album design to be an "artistic endeavor" and, as such, make no guarantee that the client will 'like' or even 'accept' the initial design we present. And even though we gladly accept any and all input and design suggestions prior to the start of the design process, we're the designers - not the client.

 

But of course, there is a provision to make design revisions. We allow x% at no charge and have a fee for chanegs in excess of that. It works.

 

Even before we accept a design client (bride or photographer), we offer a free sample design using their

images just to see what they think of our style - or what we think of what they want. This usually helps us both to see if we might have a good chemistry.

<p>Well said, David.</p>

 

<p>Also without prejudging anything, I think it would be interesting to see examples of the layouts she has provided and your specifications, especially with regard to cropping, which seems to be one of the main issues for your complaint. Many people ask for aspect ratios that are not compatible with the image and the page and struggle to see why that's a problem. Not suggesting you've done this, but it is a common cause of client/photographer mis-understanding.</p>

 

<p>From your description it would seem she's been trying all possible avenues to meet your requests. The fact that she hasn't been able to meet them makes me wonder whether there's a fundamental problem of expectations.</p>

 

<p>In any event, I'm sure asking for a refund for material costs and ending the contract is the best thing all round. She may turn out to be equally grateful to see the contract dissolved.</p>

Something appears to be getting lost in translation. You describe a stuation where material/instructions are getting sent back and forth. Why not sit down (face-to-face) and work out the album design. That might help the photographer better understand your desires, and help you better understand the photographer's design constraints and artistic considerations.

Thank you to all for your responses. Again, my concerns with the album design were all not necessarily related to design, which I understand is subjective. The objective requests my photographer missed include repeatedly: (1) substantially cropped photos after I asked her not to (for example, cropping photos to include head and neck only - I assure you we all had bodies under our shoulders!) (2) photos used out of order (3) photos not used at all (4) photos re-colored (5) photos used which I did not select or provide, and actually had never previously seen.

 

As for design considerations, those have routinely been ignored too - she even admitted when she sent in a few layouts that she did not comply with my requests.

 

Her contract of course does not state a process for an album design, but in an email, she told me that I would "give the okay to have [the design] manufactured or send in any revisions would like."

 

I acknowledge she did do some work, as we did approve 4 out of 130+ panels - a 3% success rate. I told her to deduct what she thought was fair compensation for producing work that did not meet requests - she has not specified an amount yet. I'm not trying to be unfair to anybody, but it appears this photographer either can't or won't produce an album that even minimally includes the photos I specified in the order I specified - I don't think that's unreasonable.

 

Then of course there's the other matter of taking a client who was satisfied with her wedding photos and turning her into someone disappointed, frustrated, and angry. Goodwill and reputation certainly mean diffferent things to different people!

 

Any advice would be appreciated. Thank you.

Hi Rachella,

 

First, I am sorry that you are going through all of this. I'll try to offer some insight and guidance and, hopefully, it will help you in resolving the problem.

 

Before I begin, though, I need to tell you that without the photographer's side of the story, I can only make some guesses and assumptions. I'm not necessarily defending her but I am not ready to crucify her, either. :-)

 

My first assumption is that you are in the United States as is the photographer. Is this correct?

 

There are two possibilities here: either she is ignoring your wishes or she is having a hard time understanding what you are asking for. If it's the first scenario (she just won't do it), you need to find out why. Stop any further discussion about the actual album layout for the moment and re-connect with the photographer. Why is she not providing you with the layout you want? There are, literally, dozens of answers to this. Obviously stress is mounting and you need to get that out of the way (for your own sanity).

 

The second scenario is that she is not able to understand exactly what you want. To be perfectly frank, I get the sense that this is the case. If she truly didn't care and is going to give you the layout that she wants and not the one you want, there is no way she'd be spending this much time on the layout. As a wedding photographer, album design is a lot of fun and really rewarding but it's a helluva lot of work. And, it's not work that I want to redo, let alone redo multiple times. The fact that she wants to work with you on a panel by panel basis tells me that she wants to give you a product you're happy with. That means there is a communication breakdown somewhere.

 

Can you post one of your emails to the photographer with the instructions that you've provided? Maybe I, or someone else here, can offer some suggestions on wording it so that it's easier for the photographer to understand.

 

Here's the bad news. Even if you get a refund, having someone else do the album probably won't happen without negotiating with your photographer. I asked earlier if you are in the US. The reason I ask is because copyright law comes into place. For the moment, I'll continue my assumption that you are here in America. If not, you need to find out the copyright laws in your own country.

 

Anyway, in the US, your photographer owns the copyright to the images. The amount of money you paid your photographer is irrelevant. Unless the photographer assigned you the copyright in writing (meaning that she transferred the copyright to you), she owns the images. In order for you to have someone else design your album, she is going to have to give you one of two documents: Usage License or Copyright Assignment. Here's the difference: the Usage License will give you pemission to print or copy the images but there are strict terms (usually) about what you can do with the images and how often. For example, you may have to provide the name of the person doing the album and the photographer can say in the usage license that you have her permission to have ABC Albums create an album for you but you can only have one main album printed and three parent albums. Or she may give you far wider permissions. It is up to the photographer and you are legally bound to follow the terms set out in the Usage License. The photographer still retains copyright to the images.

 

The other option is to pay the photographer and have her assign you the copyright. This means you now own the rights to the pictures and you can do whatever you please, when you please, and as often as you please. Just know that many photographers will charge a very high premium for a copyright buyout. However, in your case, your photographer may be willing to strike a deal to ensure your satisfaction.

 

I know it feels like a no-win situation right now and I feel for you. I work hard to ensure my clients are happy and satisfied and anytime I see someone having a problem, my heart goes out to them.

 

So, to sum up this rambling - my guess is that the photographer is struggling with understanding the "big picture" of what you are wanting to achieve. Try finding layouts that you like online and send her the link so that she has a better understanding.

 

Good luck!

Mike, sometimes what the client wants is not possible. I've had clients tell me they want 5×7 prints and no cropping. That's impossible to do.

 

That being said, it's then the photographer's responsibility to educate the client about what is possible and what options there are.

 

We just don't know both sides here.

This is why I don't do albums.

Rachella,

 

What's the purpose/reason for this timeline? Is your photographer offering a discount or special deal if it's done within a certain time period?

You are happy with the coverage but not her album designs.........did you see any album samples prior to booking ? Were they satisfactory ?

 

Without seeing or hearing the photographer's side of the story, it's tough to make a call on any refunds or action on your behalf.

 

In MY contract, i have a clause that says ALL album designs are the choice of the studio and deemed acceptable by the client.......of course we work with the clients for any changes, but every once in a while we do get unreasonable clients who want designs that we do not produce or show in our samples.

 

Akin to hiring a photographer who shoots a certain style, then requesting images of another style for their wedding.........it just won't happen.

Thanks again to all for your responses.

 

Re: my layout instructions - I have provided two lists - the first list was the order in which photos were to appear - #1,

img xxx, #2, img xxx, etc. I also provided a disc with all the referenced images, and a printout of thumbnails of all the

images. I also provided, per her request, written instructions for how each panel was to be laid out, exactly. (I offered

to provide thumbnails or sketches, which she refused.) This list included instructions like, "panel #1, arranged from

left to right, image xxx and image xxx." I also provided general requests like, no substantial cropping, keep

orientation of photos (for example, don't crop a landscape photo to make vertical, etc.), don't recolor, etc.

 

I understand that design is subjective, but using the photos I requested, in the order I requested them, and not

recolored, seems to be a pretty basic request to fulfill. At no time has the photographer said, "I can't fulfill your

requests because..." she just provides more layouts that don't meet the minimum requirements above.

 

re: meeting in person - The photographer and I are in different parts of the state, therefore arranging an in-person

meeting would cost more than the value of the album. In addition, I felt it best to keep a written record of all

communications going forward once things started to sour.

 

re: another designer creating an album - my contract specified that I received "digital negatives", that I (the client)

have full reprintable permissions, and that the photographer only reserves the right to use the photos for her

promotional purposes (i.e. advertisement, website, etc.)

 

re: time period - The photographer has specified that if I don't place an order for an album within a certain period of

time, "the Company shall have no further obligation to the client." As this period now approaches, I am concerned

that this photographer cannot (or will not) deliver an album I'm happy with, so I won't place an order, so she won't

fulfill our contract.

 

Thanks again, I sincerely appreciate your responses and your help.

Sounds like with the contract wording above that you have the right to get it done elsewhere. I suggest when and if you do, you get a very specific understanding, in writing, with the designer exactly what the design process and the revision process will be and what it will cost.

 

And you might 'audition' several designers to choose the one you think will work best with you. But understand most designers will actually want to do the design.

At this point, I would try to get the images and get out quietly. Don't pay for what you don't want. Also, if you've asked

repeatedly, and the other person is just not going to -flat out- build what you asked for, don't bang your head against the

wall forever.

 

Hey, if you go into a restaurant and send the food back three times because you want filet mignon, and all they bring you

are burritos, at some point you would realize they're simply not prepared to provide the service you desire.

 

If you can't smooth this out with a phone call, go ahead and close this deal. There are nine hundred people who will

publish a wedding photo album in this world. Also, have you considered laying this out yourself? Isn't this photographer

going to provide a disc? I think you wrote something to that effect above.

 

Hey, the copy place is calling you. There are many businesses who would print a photo book, one issue, for a

reasonable cost. Reasonable as in, you can probably get what you want, with a little work yourself, for about a hundred

or less. You know what photos you want in which order. You have some idea of what you want this to look like. You

can operate a mouse. It's not totally unreasonable that you can try to do this yourself, or hire someone else who might.

 

Get your hands on those images, and wrap this up with a smile.

Depending on the album design company/software, they provide templates to put the images into. A camera's picture is a specific aspect ratio. When you display the typical 4x6, 5x7, 8x10 images in an album page, they're all different ratios so cropping has to be done.

I'm puzzled by the coloring comments though...if you mean not converting to black and white, that's pretty easy to do unless they did it to fix mixed colored lighting...

I agree with others above who say that there could be many reasons why the photographer isn't complying with your requests. However, on the surface, it would seem that she is waiting you out. Once you pass the deadline, she will have no further obligation, meaning you are out the money.

 

Since you have decided you do not want to continue, I would do two things, in order. First would be to send a registered letter outlining what has transpired, your dissatisfaction, and your demand for the refund. Be clear and succinct. Don't get emotional and don't try to bolster your claims with excess information. Then tell her that if you don't get a.) an album layout the way you want it (a complete layout, not just parts) or b.) a refund or solution satisfactory to both of you by x date (well ahead of the purchase deadline), you will be taking the matter up with your lawyer or filing in small claims court.

 

Second, make good on your threat if you can't get a resolution from your letter. Unfortunately, it sounds like threats are necessary if you are to move forward. IMHO, you do have a valid case to present if it comes to that. I personally can't imagine why the photographer doesn't just do as you ask. I can see proportion or aspect ratio problems with reprints, but with magazine style albums these days, there should not be a problem with cropping or orientation issues, good design aside. I assume you aren't asking for, say, 60 images on one page or anything like that.

I would agree with John, take your "digi negatives" and either get someone else to do the album for you, or make your own.

There are really cool ways to make albums these days like having them printed into a hardcover book album. Just

something to think about! :)

Nadine's second point is crucial - only threaten legal action if you are prepared to do so. Otherwise, you'll lose any credibility with the photographer.

 

I pointed out a while ago that the photographer could have several reasons for not cropping/cropping, etc. but I would be concerned about the fact that she is not communicating this with you.

 

As a quick side anecdote, I myself got married a few weeks ago. I absolutely loved everyone of our vendors (it was not my first wedding but they went out of their way to make it feel like it was), except for our pianist. Why? There were issues with some of the music we had chosen. We gave her the list 3 months earlier and she never communicated the problems until I contacted her two weeks before the wedding. Even then, she refused to take responsibility for not communicating the information to me. Problems arise, I know, and we can't give clients everything they want but it's for damned sure that it's our responsibility to be proactive.

Firstly,

 

You may be have to just forgo the cost and go elsewhere. For the stress and hassle, I would do that in your shoes.

 

Secondly, it is very hard to advise on a situation without knowing the other side of the story. Not that you are in any way lying or misleading, just that it is similar to the whispers game where by the time it comes around again, it sounds changed from the original version (if you get my point). With that in mind, you may be a little to concerned about perfection and need to re-evaluate your expectations. That is to say, I would imagine you saw her work in a book before hiring her. Given that information, you probably need to understand that she just see's in a certain way and those are the glasses she wears when designing a book.

 

I understand as I do 20-30 books per year and often get asked to swap this or that, change this background to that, and so on. I am happy to do it (and from your own story so far, she has more than worked to do the same for you) and really do look to have my clients totally happy by the time its all done. This sounds to me like you just have a different vision to hers.

 

My suggestion at this point would be to print "proofs" of all your images (those you want to use), lay them out on sheets of paper, note anything you need to on the paper then make snapshots of your layouts. Send her those images and she should be able to work pretty well from that. Photographers are visual types and that may do the trick.

 

"A thousand words do not a picture make"

 

Best, D.

simply contact the photograher and see if she will settle for providing a refund on the material cost of the album. If the two of you still want to play out the design, then simply request that she grant you a time extension and that she puts it in writting. Easy peasy.

I want to amend what I wrote earlier:

 

1. Get the images and close out quietly.

2. Have the Better Business Bureau mediate a negotiation over the album cost. If you go to the BBB before you file a

lawsuit, they might be able to get the matter resolved. Chances are, the photographer will use the drafts provided to say

that she did some work. Meanwhile, you're not satisfied, and shouldn't have to pay for services you won't accept. If you

get a mediator from the BBB, they'll probably do a few things for you:

a. Let you know if you have a leg to stand on.

b. Act as a disinterested party to get this resolved; maybe cooler heads will prevail.

c. Contact the other party, which shows that you are willing to do something to raise the stakes a little.

d. Arrive with the name "Better Business Bureau", which is almost synonymous with "Long list of businesses who can't

resolve customer complaints to the point people want everyone to know they received poor service there."

3. Mediation with the BBB might get your album money back. Maybe.

4. Get someone else to print the album.

5. Decide about complaining further, filing a lawsuit, etc., if the other party doesn't pay up.

 

Rachella, you are obviously already dissatisfied. I can't think of a time I've gone to work when someone told me, "Hey,

make sure the client is dissatisfied. It's great for business." People don't get out of bed in the morning to tick off clients

and customers. The photographer probably also wants to get this resolved soon.

 

Your photographer will probably not hold out on the album costs; she probably wants to wrap this up, too. Good luck. J.

David--as I read it, Rachella does not want to continue with this photographer in any way, and wants more than just the material cost of the album to fund her own handling of it. The photographer, as Rachella stated in her question, is refusing to refund anything. So this matter is at an impasse already, regardless of the 'real story' or knowing both sides. Many people have repeated the statement that no real judgement on our part can be made without knowing both sides, but a judgement is not necessary to recognize the impasse. Unfortunately, drastic and/or decisive action of some kind is necessary to move the issue one way or the other, whether one or the other is right or wrong.

 

I would add, to my suggestion above, that Rachella provide sketches of each panel with her letter, even though the photographer refused her offer of sketches previously. This would a.) show that the layouts are possible and b.) leave no room for ambiguity. It is curious and suspicious, actually, that the photographer refused the sketches, but this IS speculation.

The contract terms seem a bit odd. You have a deadline point at which you can choose to order an album? Have you already paid for an album? Have you already provided the necessary (under the contract) materials? It seems (on a quick read) that you have met your obligations under the contract. If so, then the photographer can't just decide not to perform to the contract. If they are unable to adequately perform to the contract then if the contract is not clear on what the remedies are under those circumstances, then you may be able to negotiate or you may be forced to litigate.

 

If unclear what your obligations are under the contract, it's time for qualified legal (laywer) help. You don't want to allow a deadline or statute to toll without acting.