missy_kay Posted June 21, 2009 Share Posted June 21, 2009 <p>I have a wedding next Sunday and I stated on every contract "wedding must be paid in full one month prior to event".</p> <p>So the couple sent me a check about a week and 1/2 ago (it was late) and I just took it to the bank yesterday and the check date says "10/4/09". So I can't cash it until then. UMMMM!!!! The wedding is next SUNDAY! I'm so upset right now.</p> <p>1) would you take the wedding now that they broke the contract?</p> <p>2) Would you charge them extra for all this hassle and for breaking the contract?</p> <p>3) What would you do?</p> <p>I e-mailed her and told her I would not be able to photograph her wedding until the balance is paid in full. This is very frustrating. Who does stuff like this!?</p> Link to comment Share on other sites More sharing options...
david_schilling___chicago_ Posted June 21, 2009 Share Posted June 21, 2009 <p>Put on your customer service skills, it comes with the business.</p> Link to comment Share on other sites More sharing options...
e._hughes Posted June 21, 2009 Share Posted June 21, 2009 <p>Contact the client by phone and let them know that they broke the contract. I think in this situation it is important to speak to the client (whomever the contract was with) directly and make sure they understand that a post-dated check is not an acceptable form of payment. Perhaps they can rectify the situation with a current check. I would still plan on the wedding but only if they pay the negotiated rate as it is stated in your contract. I would be ready to proceed as your contract states in the event of a cancellation. I assume that would be no refund for any deposits paid, and tear up the post-dated check.<br> It is really too bad that some people just don't pay attention to contracts and feel they can take advantage of you. But perhaps this is just a horrible misunderstanding. I hope it works out in the end!</p> Link to comment Share on other sites More sharing options...
missy_kay Posted June 21, 2009 Author Share Posted June 21, 2009 <p><em>It is really too bad that some people just don't pay attention to contracts and feel they can take advantage of you.</em></p> <p>See that's the thing, I wouldn't be upset if I knew it was a mistake. But this just seems like it was done on purpose. And that really upsets me.</p> Link to comment Share on other sites More sharing options...
walter_degroot Posted June 21, 2009 Share Posted June 21, 2009 <p>do not destroy the post dated check<br> ask for cash not a check.<br> nothing else is sure.<br> be prepared to shoot the wedding.<br> but only if the contract is properly fufilled.</p> <p>even go so far if they haggle delinger and delay.<br> take another job that day if they still seem shakey.<br> the contract is broken</p> <p> you could still be a " nice guy" and shoot the wedding.<br> but I forsee problems getting paid for any oither work or albums.</p> Link to comment Share on other sites More sharing options...
anna_bravington Posted June 21, 2009 Share Posted June 21, 2009 <p>Firstly, if someone sent me a cheque so close to the wedding I'd have probably tried to bank it immediately, that way I'd have seen that it was post-dated or it would have time to go through the system/or bounce. You've left it a week and a half, so now you don't have much time to do anything.</p> <p>This close to the wedding, I'd accept:</p> <p>1) Cheque - if they paid special clearance (might just make it before the wedding). I'm in the UK, so I don't know if you have this.</p> <p>2) Cash</p> <p>3) Bank Transfer</p> <p>You want your money from this couple, so don't let your emotions get in the way. Be polite and civil. If your snappy with them it may get their backs up and might make things difficult. This doesn't mean be a pushover, it just means keep it very business like. State the contract terms and what needs to be done to get this sorted. I wouldn't charge them extra at this stage, if you try that they may not send you the money.</p> <p>I wouldn't photograph a wedding without payment, I've seen this go horribly worng for photographers. For one guy, the couples cheque bounced just before the wedding, he decided to shoot it anyway. He wouldn't give them any photos afterwards until the couple paid. The couple took him to court, as they wanted the photos without having to pay and they won! Apparently by photographing the wedding without payment the photographer had broken his own contract (or something similar). None of us could believe he lost.</p> <p>Hope you get it sorted xx</p> Link to comment Share on other sites More sharing options...
tobey_bilek Posted June 21, 2009 Share Posted June 21, 2009 <p>Contact them suggesting an error was made. Remind them payment was due three weeks ago.<br> Being a nice person, I would due the wedding but deliver nothing untill the bill was paid. I would not tell them I will do the wedding w/o payment upfront while you try to get at least half payment now. Do no post processing. Delivery will be 4 weeks after payment to be sure checks clear and give you time to do post.</p> <p>The chances are small you will get work for that day and you will be out totally if you do not proceed. Now if you can get a job for that day, then a decision need be made. If you have a helper who gets paid regardless, the thing gets complicated.</p> <p>If you think you are going to be stiffed and they have a lame excuse, take a walk.</p> <p>Times have gotten very hard lately and people are meeting unforseen difficulties.</p> Link to comment Share on other sites More sharing options...
Ian Taylor Posted June 21, 2009 Share Posted June 21, 2009 <p>Phone them, be polite, explain and resolve.</p> Link to comment Share on other sites More sharing options...
Marcus Ian Posted June 21, 2009 Share Posted June 21, 2009 <p>Give them the benefit of the doubt. But do it over the phone. You are well within your rights to walk (obviously), but tell them you need to meet with them to pick up by hand a cash or MO. Keep in mind that if they write you a check now, and it bounces, you won't know about it until after you shoot the wedding (some banks take up to ten business days to turn it around). Then you are in an even worse position because you have the pictures already taken. </p><p>Whatever you do, DONT shoot the wedding with a contract that's already been broken. You are setting yourself up if you do. You need a completely new contract with them</p> Link to comment Share on other sites More sharing options...
john_h.1 Posted June 21, 2009 Share Posted June 21, 2009 <p><em>"wedding must be paid in full one month prior to event".</em><br> <em></em><br> This isn't the part of the contract that matters. You aren't asking if the contact is breached, you are asking what to do FOLLOWING of a breach. Since you didn't tell anyone what your contract says will happen in the event of a breach, no one is qualified to give you reliable advice. </p> Link to comment Share on other sites More sharing options...
wedding-photography-denver Posted June 21, 2009 Share Posted June 21, 2009 <p>Could well have been a genuine mistake. I would assume so, and then let them know (very nicely) that the balance payment has not been made and could they please forward that check to you ASAP.</p> <p>I would plan to shoot the wedding regardless, then put it to one side when done and don't PP them till you receive the full payment. I would give them the benefit of the doubt and shoot it with a great attitude as normal.</p> <p>Best, D.</p> Link to comment Share on other sites More sharing options...
art_tatum Posted June 21, 2009 Share Posted June 21, 2009 <p>This one smells funny. There is a high risk that they spitefully 'not like' the photos (even if the photos are up to your standards Kay) and cancel the post-dated check. Shooting the wedding without the balance payment simply should not be done.</p> <p>Now if you did decide for some unknown reason to shoot the wedding... would your heart and mind be into it? Probably not.</p> <p> </p> Link to comment Share on other sites More sharing options...
danzel_c Posted June 21, 2009 Share Posted June 21, 2009 <p>if this were me, i would draft a totally new contract, or revise the existing. if you have only received payment for 50% of the total, then give them 50% of the original time you promised. example, instead of 8 hours coverage, they get 4. another option is to contract up some payment plan for the balance. i think you have a few options here and need make a decision based on the risk. i don't know what you charge, or how much you have received so far. whatever you agree on, it needs to be in writing.</p> Link to comment Share on other sites More sharing options...
sam_ellis Posted June 21, 2009 Share Posted June 21, 2009 <p>Did you contact them before the one-month deadline reminding them full payment was due? Did you send them a copy of the signed contract? Even if you did both those things and more, it would be unprofessional to not shoot the wedding. Do you believe your reputation could handle such negative feedback over a misunderstanding? How do you thing the couple will spin it with their friends, co-workers, relatives, neighbors, church congregation, other vendors, strangers on the street, Better Business Bureau, etc.<br> Here's what I would do:<br> "Hi, I received your check, but I noticed that it was post-dated. I wanted to remind you that my contract states that full payment be made 30 days before the wedding and we had discussed this at our intial consultation. As you know, I make every effort to post your photos within two weeks of the wedding, a delay in payment will delay the proofs two additional weeks until the check clears. While I will naturally still take the photos, I will not do any additional work until the check clears. If you would rather not incur a delay, you can pay in cash before the wedding."<br> This is crunch time for the couple- everything is coming to a head. They have 1,000 things to do and several vendors. Do you REALLY want to be the one who causes the bride to flip out because she missed a sentence in the contract?<br> What are you going to lose by doing the wedding? Time? What will you gain by not doing it? Nothing? What harm can it do to do it? None. What harm can it do to NOT do it? Lots.<br> Chalk it up to an honest mistake, improve your customer service so that you send them reminders two months out with a copy of their contract.<br> Just my thoughts. I've done well over 200 weddings and never had a payment issue. You hold all the cards, they don't get photos if you don't get paid! No sneak peeks, no blog posts, no facebook uploads, not even a peek at the camera lcd.<br> <br />Sam</p> Link to comment Share on other sites More sharing options...
savagesax Posted June 21, 2009 Share Posted June 21, 2009 Sometimes people simply make mistakes. I would never handle a situation like this in an email format. This to me requires a phone call, laid back conversation. It's really not a big deal to arrange some sort of payment plan; if thats the issue. I've shot about 10 weddings or so, in which the couples have been strapped with money issues. When this has happened I show up anyway for the wedding, with the understanding that you don't give them anything until all of the funds clear. So far, taking this approach has a success rate of 100 percent. They've always paid. Link to comment Share on other sites More sharing options...
sam_ellis Posted June 21, 2009 Share Posted June 21, 2009 <p>BTW, I did just notice the date is October for a June wedding, I read it as dated the date of the wedding or the next day. I still think it's a mistake and should be hanled via a phone call. "Did you mean to post-date the check by four months ha ha ha"</p> <p> </p> Link to comment Share on other sites More sharing options...
douglas lee Posted June 21, 2009 Share Posted June 21, 2009 <p>As others have suggested, time for customer service skills. If it were me, I'd shoot the wedding. However, if the contract is as you say (payment in full before the ceremony) then, I would do nothing with the images until the clients fulfilled their part of the contract. I'd back the images up as usual, but no sorting, selecting, post-processing, nothing. No online galleries, etc. As soon as they have product, you have no leverage.</p> <p>I would not recommend skipping the wedding if they don't pay in advance. I am not a lwayer, but, if you don't show up, it probably won't help you in court.</p> Link to comment Share on other sites More sharing options...
douglas lee Posted June 21, 2009 Share Posted June 21, 2009 <p>I read the posts too quickly! I see Bob Bernardo already advised you.</p> Link to comment Share on other sites More sharing options...
Palouse Posted June 21, 2009 Share Posted June 21, 2009 <p>10/4/09 is also 10 April, 2009. Check (no pun intended!) to see if that was what they meant to write.</p> Link to comment Share on other sites More sharing options...
sherijohnson Posted June 22, 2009 Share Posted June 22, 2009 <p>I was thinking that too Nick, however most checks can't be cashed after a certain amount of time has passed from the date.</p> Link to comment Share on other sites More sharing options...
martyphotoarts Posted June 22, 2009 Share Posted June 22, 2009 <p>I was told by my bank once while cashing a post dated check, that the date is essentially irrelavent these days. That was the first of 2 post dated checks they cashed for me. Have you confirmed your bank's policies on this yet? It may be worth asking.</p> <p>Other than that, were this me, I would have contacted them by phone and in a totally laid back manner, been assumptive about the fact that there was what must have been an error made when filling out the check, and could they please get payment to me ASAP so that all of "our" ducks can be in row when the date rolls 'round. I mean, isn't there a chance this was not inentional since the event is nearly here and the check date is October? Just a thought.</p> Link to comment Share on other sites More sharing options...
igor_smirnoff Posted June 22, 2009 Share Posted June 22, 2009 <p>Cash the check. Most bank don't even look at the date.</p> Link to comment Share on other sites More sharing options...
stephen_asprey2 Posted June 22, 2009 Share Posted June 22, 2009 <p>Here, a post dated cheque is illegal. Sign up with your bank to accept Visa/Mastercard or take internet banking direct deposits. No one here accepts cheques anymore.<br> Or simply state that payment is required 30 days before the event, or they will lose the booking.</p> Link to comment Share on other sites More sharing options...
markonestudios Posted June 22, 2009 Share Posted June 22, 2009 Sort it out with a telephone call to the couple. Use an amicable tone. The last thing you'd want is for this to be an email tirade and they end up bad-mouthing you to others. News travels fast. Bad news even more so ;-) Protect your reputation and view this as an opportunity to enhance it by dealing with it with a cool head ;) Link to comment Share on other sites More sharing options...
missy_kay Posted June 22, 2009 Author Share Posted June 22, 2009 <p>Thank you all for your help!<br> What I've decided to do is call the couple today (As I couldnt yesterday with having another wedding), and inform them the situation with the mistake on the check.<br> Since the contract is breeched, I will require a completely new contract to be drawn up and signed by them prior to the event (As Anna suggested above, it would be foolish of me to go through with the wedding when the contract is already breeched unless a new one was drawn up).<br> So I will basically ask the couple what they can afford to do and place that in the new contract. I will also charge them a fee of $150 for breech of contract and drawing up of new contract by my lawyer, which does not have to be paid until after the wedding, but must be paid in full before delivery of images.<br> <br />Thoughts????</p> Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now