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Desperate for some advice.

 

We have a client who had booked their wedding with us two years ago. Their wedding is six months away now. We've shot their

engagement already on a warm sunny spring day. Lots of squinting and what not but we did go indoors to shoot as well since we

knew that this would be an issue. Now the bride has asked us to switch their wedding date to 2 1/2 months from now on a date that

happens to be one of the very few we are available for this year. After discussing it with my partner we decided that it is only right to

charge a rescheduling fee since a. we've turned down a lot of clients for this popular wedding date, b. our prices have gone up so

much so that the same package they booked would be almost $1000 more. Our contract clearly states that the deposit is non

refundable and should their be a cancelation the contract would then, clearly be void for that particular date. We are now charging

them $500 as a rescheduling fee. I tried to explain this to them but they are not having it, they (by they I mean the brides mother) say

that it doens't mention this anywhere but in our opinion this is a cancelation. We could completely void the entire contract and create

a new one with our current prices but we're not. Now the mother is involved saying that the engagement photos were not the same

as their cousins photos ( which we shot 2 years ago) I ofcourse explained to her that every couple is different as well as every

circumstance and as always we put 110% into everything we do. The couple never mentioned anything about being unhappy with any

of the work we've done, in fact they said how amazing they where and that they couldn't wait until the wedding.

 

What would you do?

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<p>I wouldn't have gotten in this mess in the first place......the hostility the situation has engendered makes a successful wedding shoot problematical, to say the least....unless you back away from your position and take the loss, and shoot the job.</p>

<p> You can, and should, price your entire rate structure to allow you to absorb losses like this without infuriating your client.</p>

<p>In your place, I would allow the date change without penalty and chalk it up to experience. Experience is a great teacher, but the fees are high. I advise you to salvage this mess before your reputation takes any more hits....do a superb job. And be remembered for that. Regards, Robert</p>

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<p>There's two ways to look at it:<br>

You can simply state, hey, you're canceling the booking as it currently stands, and that places a severe hardship on us from an income standpoint. We've missed out on opportunities with other couples because we were holding this date for you. You agreed to forfeit the money you've paid if you change or cancel the date. But rather than have you lose all your money, we're offering to let you reschedule your event with minimal additional expense, in a way that partially compensates us for the inconvenience this causes. But if you'd prefer to simply cancel, we can do that under the terms of the agreement (and you forfeit your payments).<br>

Or…<br>

Look at it this way. Sure you had the popular date tied up and couldn't book other couples. However now you've got an *unpopular* date - since you haven't already booked it, it can't be that popular - booked instead. Your sum total bookings for the year remains the same. Yes you could have made more money with current rates. But ask yourself this: in an industry that relies heavily on word of mouth, will $500 buy you enough advertising to offset the badmouthing you're going to get? Hell hath no fury like a bride's mother scorned.<br>

If you weren't available on the new date, this would be an entirely different matter (and the client would probably be more understanding). But since you're available, I'd just bite the bullet, don't charge a fee, go overboard to give them great service so they forget this, and consider any money lost as a marketing cost.</p>

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<blockquote>

<ul>

<li>client who had booked their wedding with us two years ago. Their wedding is six months away now. </li>

<li>bride has asked us to switch their wedding date to 2 1/2 months from now </li>

<li>one of the very few we are available for this year. </li>

<li>we've turned down a lot of clients for this popular wedding date</li>

<li>our prices have gone up</li>

</ul>

<p>What would you do?</p>

</blockquote>

<p>I need to understand:<br />1. What % of the total fee, have you received?<br />2. Why, if they are bringing their wedding FORWARD, would there be so much relevance about your Prices having gone up?<br />3. How likely is it that another Bride will book you for a Wedding only 10 weeks away?<br />4. If the date (six months away), is so popular, what chance is there that you will close a sale for that date, at your new rates?</p>

<p>WW</p>

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<p><em>And what I missed in my cut and pasting was my opinion . . .</em></p>

<p>On the face of it, I see it as an opportunity you are blowing away big time.<br />You can nail a sale for 10 weeks time and still get your 2011 full rates, for the popular date six months hence . . .</p>

<p>Just on what you have written I would have:<br />Changed the date;<br />Taken the remainder of the full (old fee) to confirm.<br />Been quick sticks on the telephone to all those many folk you have turned down for the date six months hence.<br />Grabbed a credit card deposit from the first one who saw your phone call as an opportunity for them – which of course I would have sold it as.</p>

<p>Result: Two Happy Customers, both of whom you have bent over backwards to assist . . . (Big free advertizing brownie points for bending over backwards to assist Customers with their problems).<br />The Kicker: you get an extra Full 2011 Fee Wedding, this year.</p>

<p>I think the biggest lesson here – is that there might have been too much time taken discussing between the business partners and then making a big issue with the clients and not enough lateral thinking on the ground Action Jackson moves - making a new sale’s opportunity.</p>

<p>WW</p>

<p> </p>

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Well the plot thickens...we needed renovations done in our basement last summer and called upon them as they have

a family business. We thought it'd be nice to help them out since we know them. While working they kept making

changes to the original quote that they gave us, charging us more and more. It's not cheap renovating a basement

destroyed by a flood so when costs go up so does stress level. During this whole process the brides father was of no

help to us. Our ceiling was torn down without us being informed of the cost and certain jobs weren't complete that we

where to the understanding would be complete. Regardless at the end of the day we paid them and had to finish the

job on our own. We've taken this experience as a lesson learned and decided to not have any hard feeling and do an

amazing job on their wedding day. The reason I mention this is because ofcourse the mother brought this up and said

that it was a difficult working situation. A part of me would expect them, as business owners, to understand our

position and also as professional as we are trying to be I would expect the same from them. We don't want this to be

a tit for tat situation but when it's mentioned we can't help but feel like we're being suckered. In the business world if

the customer is always right then why did we have to stop the job they where doing for us and finish it ourselves?

 

I know I know, no need to tell me to never work with people you know but we choose to help out the ones we know as

a natural instinct.

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<p>Well it is not really that the "plot thickens" is it? It is rather that there is more to the original story, which was not disclosed and which appears most relevant - i.e. there are a multiplicity of layers to the relationship and thus very complicated business dealings.</p>

<p>I still stand by my original opinion. And I add that you (and they) <strong><em>need to separate the two business transactions.</em></strong><br>

You also need to assess the situation without emotion: your text is quite emotive ATM. <br>

Emotional decisions are not usually the best business decisions.</p>

<p>If you cannot separate these two imbroglios and you perceive this will only get worse; AND can wear the fallout: then the Plan B is to cancel the Wedding - and walk.</p>

<p>WW</p>

 

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<p>You get to switch a low fee shoot to a date where you have no fee coming at all which will also free up the ever so popular date six months out that you can now book a shoot at a higher rate? These reservation fee retainers are meant to protect you when a client walks out on you, not to be a sword to alienate people with when opportunity is knocking at your door. You and your partner should consider business issues in a more dynamic fashion.</p>

<p> </p>

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<p>Just my opinion: Keep emotions/hard feelings out if it and take the high road (which you were doing).... besides, I am not a contractor, but while the amount of work at a wedding is pretty predictable, what construction job ever comes in on budget.....? There are many more variables to be considered...</p>

<p>Anyway, two totally different things.</p>

<p>I agree to do the wedding earlier at not extra charge and start looking for new customers for the other date. You are not losing any money....</p>

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<p>Legally, I would expect that you'll have a hard time getting a 'cancellation/rescheduling' fee unless you mention it in your rates or your contract. A court may see that as a 'hidden fee.' I'm not an expert though, so I have no idea.</p>

<p>Personally, I would charge a fee like a hotel does: if they give you less than a week's notice (on the new or the old date), you charge them for the full day's rate. If they give you more than a week's notice they can reschedule up to X months past the original date with only a small fee. If they never reschedule, you keep the deposit. You did get a deposit, right?</p>

<p>Look at the silver lining: this is, potentially, a good problem to have. Even if they never come through on the actual wedding, you keep the deposit and do no work. You get paid much less, but you also don't have to do <em>anything</em> but some paperwork. I would LOVE it if I booked a dozen weddings with deposits (and contracts) and they all cancelled. I'd have money for my own renovations, and plenty of time in which to do them.</p>

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<p>As many of the others have pointed out - they're actually doing you a favor - If you have already had inquiries about the more popular date - chances are that you will get many more. If you haven't booked a date 10 weeks out yet - the odds of you booking it are going down by the minute - much less booking it at full price... </p>

<p>And yes - as William W points out - keep the two things separate. The way they run their business is their business - not yours. Don't drag that baggage into this conversation. </p>

<p>Finally - for the future - if you really want to be a stickler on date changes - add a clause to your contract - going forward - that states either - a) any change to the date of the wedding will result in a rescheduling fee (if we are available) or b) a cancellation of the photography services and a forfeiture of the retainer if we are no longer available on that date. </p>

<p>If I were in this situation - I'd not wait - I'd call the couple now and say - "We'll gladly switch the date at no additional fees - charges. Thank you for letting us know that the date changed early enough. " Additionally - if Mom / Couple is not happy with their outdoor engagement shots - offer a re-do... </p>

<p>Dave</p>

 

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<blockquote>

<p ><a name="00YZpD"></a><a href="../photodb/user?user_id=4579428">Signature Assistant ...</a> <a href="../member-status-icons"></a>, Apr 16, 2011; 09:50 a.m.</p>

</blockquote>

 

<blockquote>

<p>You all are saying to keep the two separate and that's what we've been doing bit the mother is not.<br>

Thanks for the advice everyone!</p>

</blockquote>

<p>If she's being unprofessional, the proper solution is not to do the same thing and then blame her for it. You're only making it worse. The proper solution is to continue to be professional, work through it, and then never deal with them again. There really is such a thing as good karma, but it usually comes in the form of word-of-mouth advertising. "Wow, they jerked him around and he still acted professional? What a great photographer!"</p>

 

 

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<blockquote>

<p>You all are saying to keep the two separate and that's what we've been doing</p>

</blockquote>

<p>No you're not. You went out of your way to bring up here, at length, as part of "the plot". Obviously, you deemed it relevant.</p>

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<p>If they are moving the date forward, i.e., earlier, then just move it. No basis for a fee as they are opening up a date for you to book another wedding. IF they are moving it later, then you keep any non-refundable fee and enter into a new contract, but consider keeping the original fee structure.</p>

<p>Just my opinion and I do not run a photo business. Seems reasonable to me.</p>

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<p>why charge to rebook?........is it going to cost you any more money? you can now shoot the wedding at the new time (a time that you will be hard pressed to fill in the short time), and rebook the popular date, therefore getting the likely opportunity to make more money. if you try to charge this fee, you run the risk of upsetting your clients....don't get greedy.</p>
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<blockquote>

<p><strong>"Something I haven't seen anyone mention... what plans do you have to amend your contract? Will the new version include a "re-scheduling" clause, and if so, how will it read to cover circumstances such as the one you encountered here?"</strong></p>

</blockquote>

<p>I cannot speak for the OP nor advise about laws of contract in the OP’s precinct: but it appears both un-necessary and cumbersome to add more clauses.<br>

Often less is more.</p>

<p>The OP stated clearly that there is already a cancellation clause: thus the client has the option of cancelling the contract. This was one of the main points, of the original post - viz:</p>

<p><strong>"Our contract clearly states that the deposit is non refundable and should their be a cancelation the contract would then, clearly be void for that particular date. . . We could completely void the entire contract and create a new one with our current prices but we're not."</strong><br>

<strong> </strong><br>

But the majority of advice was for the OP <strong>NOT</strong> to cancel the contract, but on this occasion amend the contract, prescribing a new date and to do so, with grace.</p>

<p>It should be noted that if the contract is solid with regard to the cancellation clause, then when a circumstance like the one described here arises: <strong><em>ALL the leverage resides with the OP (Photographer)</em></strong>: adding more clauses which dilute that leverage; would be unwise and not in the best interests of the business. </p>

<p>WW</p>

<p> </p>

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<p>You need to keep the 2 situations separate and it probably would have been best to complete the wedding photography before entering into another relationship with them doing work on your home. If the work couldn't wait, then you should have hired someone else. My perception is that you're trying to get even with them regarding the remodeling by charging them a rescheduling fee and it's probably their's too.<br>

It's already been proven that charging them this fee is only creating a problem seeing as you're providing the same product and service that was originally contracted for.<br>

In the future, a better plan for all would be to request an additional substantial payment (equal to the original payment) when the date is changed and leave it at that. At least this way they have made an additional commitment, but you've honored the original price.</p>

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<p>As I mentioned before we never brought this issue up to the clients. The mother only brought it up to us so we couldn't help but think that they have an issue with the work we hired them to do. <br>

Ted, you mention exactly what we have done but the response is definitely far beyond what we expected. Perhaps the stress of the reason why they are changing the date is being taken out on us. Who knows, regardless a valuable lesson learned. Don't hire someone because you like to give people you know work. Work with complete strangers that way it never bites you in the tush!<br>

William, you are on the same page as we are. We are simply abiding by our contract and what it states. I know that there is the issue of being the "nice guy" but sometimes dealing with people professionally is not always going to be a nice situation. Everybody wants to have the outcome they desire. What happens if now we hold this new date for them and then get a call telling us they are not going ahead with the wedding. We would have held two dates for them and unable to book any other photoshoots. Keep in mind that weddings are not our only business. So to have a free weekend here and there, in the middle of the summer is much needed and 9/10 times gets booked with something.<br>

This is a word of mouth business, but in all honesty, you can't please the entire world. In the 5 years we've been doing weddings this is our first issue. I'm not going to let someone step over us and insult us out of fear that they may not refer us to anyone. </p>

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