Need a "seasoned" pro's advice/thoughts on funky situation...

[jill_kur1]

About 4 months ago I received an email from a friend of a friend who wanted to purchase an engagement

session for her sister who was getting married. A check was sent to me and cashed. I met with the couple

to talk about possibly shooting their wedding, however they decided to have a friend shoot it. The

wedding happened about 2 weeks ago, and they never set up a date for the shoot.

 

I just got an email from the bride asking for me to give back the money to her sister. If it was my sister, I

would hope that the photographer would give the money back, which I am planning to do, however

something still doesn't sit right with me.

 

Any thoughts?

[zofia]

First of all, you shouldn't be in this position to start with, because you should have a non-

refundable deposit to secure the date. Whether it's $25 or half the total, or even the total,

is up to you. It protects you and it protects the client, knowing that you won't schedule

anything on their portrait day. You should also have a contract that states those points.

 

Second, if you didn't have a contract, or it wasn't considered non-refundable, then what's

the question? You simply need to refund the money.

 

Third, you can always have the money roll over into a post-wedding portrait, and put an

expiration on it.

[alec_myers]

What doesn't sit right with you?

[greg jansen]

Good chance the photographer who shot their wedding included an engagement shot. If so, no refund. If not, maybe refund 1/2 to compensate for the time spent meeting with them.

 

Best bet is to use it for a casual photo of them, maybe with their pet if they have one. Or you can suggest they pass it on to someone they know (assuming you lay down the specific conditions).

 

Better to keep shooting than to be a bank.

[devoted]

If you don't have a signed contract in place making the deposit non-refundable, there's your problem. Always, always, ALWAYS have a contract to set the expectations in writing!

<p>

Since you don't mention a contract, and this is a friend, refunding the money is the way to go.

[frolickingbits]

What doesn't "sit right" with me is the order of operations-I've never gotten a check for doing something before confirming with the client the date and time I'm shooting. I always do a 25% deposit, which says I won't book anything else during the day/time we agreed upon, and that they will show up, and if they don't, I keep the deposit.

In this case, consider it a lesson learned, and refund the money. In the future, always set up a contract....doesn't need to be super formal, but at least states when you're photographing, and deposit terms.

[gerald_donnelly]

I am assuming you did not have a contract, based on this fact alone I would refund the money.

[timberwulf]

Full refund.

 

No date was set, no services were performed, and no expenses were incurred (I'm assuming here, is that correct?). You essentially took money for something that never actually happened.

 

The only thing that did happen was an initial meet and greet/initial consultation, which many folks would do for free as part of attempting to get business. Since they never set a date with you, you never turned down other business to shoot their event. You didn't shoot anything or buy any supplies that wouldn't be usable for another client, so I don't see where you have any claim on the money at all. :)

[annealmasy]

Nothing odd about this. Since the couple didn't hire you to shoot their wedding, it's quite

possible that you weren't really their style. They probably found someone more their taste

for both their wedding AND their e-photos.

 

In the future, don't cash a check before everything has been settled. :)

[jill_kur1]

Thanks everyone for your advice. It was a gift certificate her sister had bought for her, for an

engagement shoot. I didn't have a contract. Thanks.

[doug_axford1]

Very few pros have contracts for an engagement portrait and fewer yet read questions properly.

 

You're probably best to refund to keep the friendship. If it wasn't a friend, I would not refund. In that case, hold the money and they can use it for a portrait in the future. If you do refund, get the gift certificate back and I would charge an admin fee, even for a friend.

 

Or, if I was really mean, refund with a gift certificate from a spa, that would force them to spend more money, just to get their money back. Be thankful you didn't do the wedding, they sound like jerks.

[john_h.1]

Everyone is right about setting the contract up correctly from the get go as being important in general. It is not correct to say that the client is automatically entitled to a refund. Even if the engagement is over. If you have not discharged your part of the bargain because the people to be photographed never showed up or made an appointment (Assuming this was the arrangement) then you are in compliance with your agreement which IS a contract. The sister is entitled to the couple being to be photographed, not a refund. You are obligated to photograph them. All of that can still be done.

 

It probably is a good idea to make the refund nevertheless. The whole freind issue weighs heavily. The freind of a freind will use that as leverage. The fact that the contract is not written does not make it invalid, it makes it difficult to prove what the terms are. The fuss involved is probably not worth it when you put both issues together.

[john_h.1]

Oh, by the way, gift certificates are frequently not refundable. Some states may require disclosure of the terms. Another factor to consider.