Crazy Photographer

[bluebanana763]

Ok so this is our dilemma. We hired a photographer for our wedding, a friend of

our Sister. We didn't have any written contracts either way, we figured we

didn't need them. We verbally agreed on a "we will pay you whatever we can

afford" type of payment, to be paid after the pictures were delivered.

 

After four months of delay and excuses about broken computers and school work,

she wrote us a letter apologizing for the trouble and stated that "Once the

pictures are done, I will have them shipped to you along with the negatives,

and a letter stating that you have photocopy rights granted from the

photographer so you can have prints and duplicates made"

 

Well, now it has been nearly 10 months, and we still have no sign of the

pictures, and now she has taken to ignoring and blocking our emails.

 

Seeing how we had no actual contract at the beginning, does this letter she

sent mean anything, and what can we do to get these pictures?

 

Thanks,

Daniel & Lisa

[bdp]

That's a tough one. No contract is bad. Verbal in some states becomes a binding contract. The letter she sent, depending on your state could be helpful. You should probably check with a lawyer.

[my site]

As a photographer, I can state that most of us are more than happy to show clients our work - when the work is worth showing. Beginning photographers often suffer from mistakes and end up with nothing to show. Pride or embarrassment may prevent people from being upfront about failure. My guess is you have received no photos because there are no photos or maybe the photos are blurry or not properly exposed. She may have thought she could do something with them given some time - hence the stalling.

 

I know this is not what you want to hear or accept, but sometimes reality stinks. I could be wrong....

 

Joe

[bluebanana763]

We do have an email from her also, stating that we would have copies of the pictures within 1 month of our wedding, that we would have 2 weeks to decide which ones we wanted, and that we would have our pictures within 1 month of that. I dont know if that holds up as a "contract" but it helps right?

[hjoseph7]

"Well, now it has been nearly 10 months, and we still have no sign of the pictures"

 

Funny, it's usually the other way around !

[bluebanana763]

"Well, now it has been nearly 10 months, and we still have no sign of the pictures"

 

"Funny, it's usually the other way around!"

 

Are you referring to the fact that some people don't pay for the services provided by the photographer?

[rffffffff]

I generally hate lawyers and lawsuits, but this is probably a nice time for small claims court.

 

If you were able to serve notice that she needs to appear in court to talk about it, it would likely generate a response, and perhaps whatever pictures that do exist.

 

the email, and the circumstances, (she shot your wedding) would allow most people to come to the reasonable conclusion that she should provide you with something...

[colleendonovan]

Caveat emptor. This is an unfortuante situation that is being played out a thousand times a day now. You'd think people would be more careful. But - since none of us on here are lawyers (that I know of) I think it would be best for you to contact one. Anything that is offered as advice here probably won't get you anywhere.

[laurenm]

Sounds like she is in the wrong and sadly, as someone else said, there may not actually be any photos. But, just curious did you pay her anything? The verbal contract may have been interpreted differently by each party. "We will pay you whatever we can afford doesn't sound like much and you may be on her very back burner (if you're lucky). Definitely worth consulting with an attorney. Maybe just a letter would get you somewhere.

Sorry and good luck

[colinsouthern]

Is it worth paying her a visit - get what you can, and then looking to someone else to "clean up the mess"?

[bluebanana763]

lauren, the reason for the "pay you what we can afford" agreement was the fact that this was her first wedding, and she didnt know how much to charge. It was made more as a "pay me what you think i'm worth" type agreement than anything. and at this point, needless to say, that isnt much.

[dave_thielen]

So have you paid anything so far?

[bluebanana763]

No, nothing has been paid yet, because we have seen NO pictures. ( we asked her to send us ONE picture just so we knew something was happening, and this is when she decided to block our emails.) THis was set up more as a "im your sisters friend and i want experience... you are my friends sister, i'll give you a good deal" type agreement, and its just been more hassle than its worth.

[wedding-photography-denver]

10 months is not as long as one photog. I know of. He typically (and he is very good too) takes at LEAST a year to produce the proofs!

 

He is of course a portrait photog and therefore excused as needing a lot more time to process so many pics.

 

See if you can use any other means of contact and perhaps pay a physical visit to her.

[alec_myers]

Not being a lawyer, I wouldn't take this as gospel - but I believe one of the defining features of a contract is a defined remuneration. I suspect a contract the payment for which is "whatever you think the pictures are worth" would be struck down as void for uncertainty. You might have other legal arguments you could advance, but it doesn't sound like you're in a strong position.

[garry edwards]

Client/photographer relationships can go wrong for all sorts of reasons or perceived reasons.

 

Maybe the photos are no good (unfortunately not at all unlikely with a beginning photographer working for next to nothing) or maybe she reads hostility or something else into your emails, or maybe she's now lost interest in photography, found a new hobby, found a new boyfriend, changed her email address or whatever.

 

I expect you now regret your decision not to get a pro photographer, but regret doesn't help to resolve your problem. I think that if I were in your position I would avoid lawyers for now and try to talk face to face - Jaw Jaw always beats War War

[annealmasy]

You didn't have a contract, and you didn't pay her anything. I don't think you could GET

anything from her if you took her to court.

 

Her e-mail says nothing except that she took pictures and she plans to give them to you.

 

From an outsider's standpoint, you have as much recourse with her as you would any

wedding attendee who brought their camera and said they'd give you prints.

[ellis_vener_photography]

Your situation is a textbook definition of getting what you paid for and why photogrpahers and cleints should get it in writing.

[nancy s.]

You had an unprofessional and unwritten agreement that did not even involve a firm price.

A contract of any kind has to have specifics in it. Something has to be promised and for that promise something has to be exchanged and if any party fails to deliver, then there is a "payment" for failure to deliver.

 

YOu have no contract and no pictures and, quite honestly, have learned a lesson in having an acquaintance do something w/o anything in writing.

 

You did get exactly what you paid for and I am sorry this lesson was the loss of your wedding photos.

 

Please please please tell your friends this story and have them hire a pro.

[james_c._turner]

"we will pay you whatever we can afford"

 

Guess you got what you paid for. It amazes me how a lot of people want to "cheap out" on the photographer, but they are not afraid to spend the $$ elsewhere? Personally I would rather have more $$ in my budget for photography, because years from the big day your pictures are what you look at, not an open bar or fancy food dish.

 

Good luck, I hope you can recover some photographs. Also, maybe some guests have some pictures to share?

[davidlong]

I don't think any sort of confrontation will get you anywhere in this case. Probably she screwed up and feels terrible about it, and your pestering her just keeps reminding her of it. So I'd suggest getting the sister to talk to her in person (assuming the sister is still her friend). Otherwise, try visiting her yourself.

 

Convey that you knew the risk of having a first-time photographer, that you'll understand if all the pictures were blurry, underexposed, lost for some reason, whatever. Reassure her that you won't be angry with her. However, if there is anything, you'd at least like to see it, no matter what the quality, and if there isn't anything, you'd like to know that.

 

Most likely there isn't anything salvageable, but you could then move on. Consider getting the dress and tux cleaned, then go make some nice pictures.

[annealmasy]

DO. NOT. VISIT. HER.

 

Clearly, she does not have a studio or a place of business specifically for photography

clients. For you to visit her uninvited at work or at her residence could be considered

harrassment. Because you do not have a contract with her, and you have not paid her any

money, you really should avoid face-to-face confrontation. What may seem like a

pleasant little "stop-in" to you, would likely feel very threatening to her.

 

Also keep in mind that a personal visit is unrecorded, and she could make any number of

claims in regards to your behavior at that encounter. If you stick with mail and e-mail,

you have written record of your behavior -- and hers.

[KenPapai]

This is sort of "funny." You both were in the wrong however your photographer NOW is much more in the wrong than when you orginally didn't sign a non-existent contract. You should now politely demand she turn over the original image files or nagatives to you and find someone else to process them. This might be a good out for the rookie photog.

 

"After four months of delay and excuses about broken computers and school work..."

 

You are getting a runaround. I doubt she took any good photos and is trying to run for cover by making stuff up. You'll be lucky to get anything at ll from this person for free. BEST of luck and better business negotiations in the future. You found a real rookie and I am sorry you are being taken advantage of.

[Leonard-just-Leonard]

so you had no contract, no price agreement, seems you didn't hire anyone nor did they agree to do anything. more like a discussion some folks had about the weather or other trivial matters.

[anika london media]

Daniel, I would say that at this point the most important thing would be to get those pictures.. She is probably just embarrassed that they are not of the highest quality and she is not good enough to make them look any better with photoshop. I would suggest trying to send her an email saying that you understand that she's new to photography, that you knew you were taking a risk in hiring her and that if she can just give you the original high resolution images you will be happy.

 

Then instead of paying her (which she should agree to) you can instead use those funds to find a good photographer or retouching service to make the most of what is there. That way you have those images of family and reception that you can't get back.

 

Then on your one year anniversary... hire a good photographer, get back in your tux and dress and do a reshoot of your couple portraits! Find a local photog that will empathize with what happened and they may just charge you what they charge for an engagement session. (your wife can have her makeup done for free at Nordstrom if needed!)

Good luck!!