to shot or not to shot

[jennifer_wallace]

I have a quick question....I have a client that is getting married next

weekend. She signed a contract stating that the final payment needs to be

received 14 days prior to event. I have not received the payment. When I

approached her about it and checked to see if everything is okay, she stated

that she felt it was too much to pay since she has not seen the final product.

So do I shot the wedding even when the contract states final payment needs to

be received prior to photographing the wedding or follow the contract? What is

the best way to handle this situation....the bride was aware of the terms of

the agreement and I feel like I'm in a really sticky situation. Thanks!

[pug605]

i yhink you'll have much more problems if you shoot without payment in advance. What if your client will say taht quality, composition or sometigh else is very bad and she will pay you just 25% of the price...

In other hand, if you tell your client, that you refuse shooting without payment, she'll have no time to find other photographer. so..

[Ian Taylor]

run away

[ben_rubinstein___mancheste1664880652]

Tell her that unless she honours her side of the contract then you will regretfully not be able to fulfil your side of the contract. I would expect a cheque in the post very soon. If she tried the same trick on the caterer then she would be going hungry on her wedding night..

[colinsouthern]

Something tells me that either way she's not going to be happy. Personally I'd pass on this job.

[steve george]

I learned this lesson the hard way. To be "nice" to a couple who I chased for payment 7 days in advance and who advised me they'd had family illness issues and hadn't been as organised as they would have liked I agreed they could pay me on the wedding day. I did the shoot, processed all the shots, then the cheque they'd given me via their best man "bounced" leaving me substantially out of pocket in purely financial terms, let alone the time I had already taken over the wedding.

 

When they got back from honeymoon I advised them of the situation and they said they were very sorry but would rectify the situation with a cheque when I delivered everything. I said "no" and that if they wanted to receive everything they'd have to either pay me cash in advance or wait for a new cheque to clear, and after that everything went smoothly.

 

It's really really not worth the hassle though - it creates bad feeling and stress you can do without, rather than the happy, mutually beneficial relationship that wedding photography should engender. If she wasn't happy to pay in advance then she shouldn't have signed the contract.

 

It sounds like she wants things both ways, which isn't reasonable behaviour - the other version of this (that I've had a few times recently I'm sorry to say) is people hiring having seen your portfolio then showing you shots completely radically different in style or approach from someone else's portfolio and saying that's what they want you to do. It's a lot less painful to nip this in the bud rather than accomodate requests that are just going to lead to disappointment!

[steve george]

To answer specifically I would send an email along these lines, with a physical letter on headed paper etc with the same text posted to their home address:

 

Dear [client]

 

I hope you are both well and that your remaining preparations have all gone according to plan! I know you must be excited about your big day this weekend and I am very much looking foward to being there to capture your memories.

 

I know you will be very busy this week however further to our discussions regarding payment, while I appreciate your concerns I would like to draw your attention to the contract you signed regarding receiving payment 14 days in advance. This is a legally binding agreement and without such payment my contract to photograph your wedding is void.

 

Having honoured my part of the contract and turned down other booking requests for this weekend once I had made a contractual agreement with yourselves it is vitally important to my business I am not then left out of pocket by devoting the many hours (and financial expense) required to photograph, process and present your images. With this in mind I require payment in cash, via bank transfer or cheque (that must have cleared by the weekend).

 

I am sorry if you have changed your mind and now feel that my presented portfolio did not provide you with confidence in my ability to consistently capture wedding photographs of high enough quality, however I am pleased to say my most recent client told me "[insert testimonial text here]" and I have not experienced any dissatisfaction in the past.

 

I would be grateful for a rapid resolution to this so I can make alternative revenue-generation plans for this weekend should you wish to cancel the contract in this way, however I sincerely hope to be able to provide you with an heirloom you can be proud of.

 

If you have any questions or if there is anything further you need me to clarify please do not hesitate to let me know via telephone on: 012345 67891011.

 

Kind Regards

[tim_schultz1]

Not worth it. I had a woman contact me one month before her wedding as she hadn't secured a photographer (first warning sign). She then didn't want to pay my full price (on my lowest package price) but instead wanted to trade a few free hotel nights on the beach (off-season. Her parents owned the hotel). I knew right away it was not worth the future headaches and I passed on the wedding.

 

It is one thing if she can't pay, its another if she said you are not worth it. Run away!

[bill_clark___minnetonka_mi]

I believe you have to do the gig.

 

If you don't you could be in much hotter water than payment or terms of payment. Just

think how much it would cost to duplicate the event just for pictures.

 

I receive my final payment after the wedding and haven't had any problems and this is the

end of my 5th year in the business as a full time pro. I think one of the skills that needs to

be constantly worked on is how you judge people during the initial potential client

interview.

 

At any rate, my recommendation is to follow through and do the event. You could have

some pretty dire consequences if you don't show up for a pretty important day for those

people at the wedding.

[ellis_vener_photography]

Have they put a deposit down? If so I'd return it and make clear that since they are unable or unwilling to fulfill the contract they signed that the contract is null and void.

 

I think that asking for final payment two weeks in advance is a bit draconian. I specify that for events like this the final payment is due at the start of the event.

 

Chuck Berry likes to get paid just before he goes on stage. I'm not sure if he still insists it be in cash, but if getting paid when he shows up is good enough for Chuck, its good enough for me .

[mike_senesouk]

I agree with Bill, although I don't know what this "dire consequences" would be. A contract is written and sign to protect both parties. What does your contract say if full payment is not received within a given amount of time? Does it state that the show will not go on specifically? Maybe it needs to say that. If it does than I think it's intended to be followed but if it doesn't say anything than would it be appropriate to pull out of the wedding? I would shoot the wedding but make it clear in advance that you're not going to play any games with them. They will not see or get anything until you've received full payment and you will not spend any time working on the pictures. They found you, chose you and signed a contract with you because they liked something about you/your work. They're not going to try to get out of full (agree upon) payment just because they don't like something. They will be something they won't like. I guarantee it.

[bdp]

You have a contract: <I>She signed a contract stating that the final payment needs to be received 14 days prior to event. I have not received the payment. When I approached her about it and checked to see if everything is okay, she stated that she felt it was too much to pay since she has not seen the final product.</I>

<BR><BR>

She signed it, she agreed to it, she should pay you. I have a feeling she's not going to be happy regardless of your final images, but I would shoot it, and give her 1-2 'teasers' with your PROOF or COPYRIGHT stamp on them and tell her that when you get your payment as indicated in the contract, you'll start to do the work on the rest of her images.

<BR><BR>

I'm not sure of the legality of having to complete the shoot since she appears to have broken the contract by not paying you. If you're not doing anything else, shoot it to be safe.<BR><BR>

[steve_c.5]

I would shoot the wedding (because you presumably took a retainer fee to do it and it's an unrepeatable event), but withhold giving them ANYTHING until you've received payment. Believe me, you'll get it, sooner or later. If your contract is written like mine, it says you have the option of refusing to show up for the wedding if payment is not made in full as agreed (but I would never actually act on that). However, you can play hardball with them (like they're doing to you) by leaving doubt in their mind whether you'll show up or not.

 

Tell them it's nothing personal, it's just business. My contract is written to spell all this out so that if it ever goes before a judge in small-claims court, you're golden and they look like schmucks. And I'd make sure to do a FABULOUS job shooting their event so they have nothing to gripe or badmouth you about. You don't need that, no matter who's right or wrong. Your reputation is EVERYTHING, and you always want to look like the bigger person. Just don't let people push you around this way and always be beyond reproach in your dealings.

[buckry]

The only reason I like to get paid 2 weeks in advance is because 9 times out of 10 they're paying by check and you need time to make sure it clears. If they pay cash, I'll accept it the day of the wedding. For that matter, I'll reluctantly accept a check, but I make it very clear no proofs will be available for viewing until the check has cleared. So far I've never had to play this card, but I believe the desire to see proofs will probably make most couples make good on a bad check.

[susanne_beerli]

I have the prepayment clause in my contract too but the occasional laggard does pop up. heck, there are lazy people everywhere, handle them.

 

here's my philosophy (being polite all the while):

 

1. I shoot the wedding and post some nice pics on my blog the next day.

 

2. After that it's simply no money=no pictures (not even for a "quick peek"!!!)

 

3. end of story

[david_schilling___chicago_]

This really isn't a quick question and there's too little information for you to get a good answer. How much was the deposit in percent of the total amount? Are you new to photographing weddings and operating a studio? She may be having 2nd thoughts and sensing a lack of confidence on your part.

 

Back in the days it was common to get 33% at booking, 33% on the day of, and the remaining 33% when the prints/album was picked up. Since you've got the negatives (digital files), you're in a good position to hold delivery of the product until everything is paid. I can understand the venue, caterer, florist, DJ, etc.... needing payment upfront because after the wedding they've been consumed and spent. Photographers and Videographers still have the final product. The primary benifit to getting full payment ahead of time (IMO) is to avoid any possible "buyer's remorse" after signing the contract.

[surfidaho]

If you took a deposit, do the gig. If not, run away.

 

Paulsky

[surfidaho]

And don't give a single print or image until payment is made in full on your original terms.

[35mmdelux]

send them a overnight letter (fedex, etc) and remind the terms of the agreement. Let them know you'll refund amount MINUS non-refundable portion if the terms not met.

 

Remember caterers, florists, venues, etc, want their money NOW>

 

This is a business not a hobby or partnership with the client, where money is secondary. Business' goal is to work off client money, not yours. If you get stiffed later on you'll regret letting this pass. Once back from honeymoon they won't remember who you are.

 

Good luck - Paul

[craig_gillette]

What did your attorney say? He or she is the one that will (or should) have helped you write and understand your obligations under the contract and the law. Otherwise if you create additional problems by precipitous actions, you'll pay him/her to get you out.

[William Michael]

>>> She signed a contract stating that the final payment needs to be received 14 days prior to event. <<<

 

Is not enough technical information to give a view, albeit one that would most likely come up short legally, if the client were to push the issue.

 

Advice:

 

1. Ask the lawyer who OKed the contract what possible consequences there are for you to terminate.

 

2. Guided by that advice decide what is best for your business.

 

Prima facie: my INCLINATION is to void the contract: I doubt they will pay for their airline flights and honeymoon accommodation at the end of it all.

 

 

On the bigger picture, I too think full payment prior is un necessary, but full payment at the start of the event is, IMO cumbersome.

 

 

You might consider some split 50% non refundable booking fee, 30% 14 days prior, 20% to receive goods.

 

WW

[wedding-photography-denver]

Like booking tickets at the Opera, you don't get to hold onto half of the price till the production is over.

 

I would simply say that you don't work that way and would be glad to recommend some other photog. that might do so.

 

My gut reaction to this?

 

You don't like it, tell the next in line what you thought. You do like it, tell the next in line what you thought.

[jennifer_wallace]

I just want to thank everyone for their feedback. All of it has been extremely helpful. I'm

think I will send another letter to the bride and go from there. I really can't thank everyone

enough. You guys are great!

[bruce_stenman1]

Forget the legal as it will cost you more in attorney fees than it is worth. The client has seen your images so she has sampled your work. She will pay the caterer in advance having sampled their work but not actually tasted the food at the wedding.

 

Two choices - don't shoot and end up in court or shoot and hold onto the image files until you receive payment. I would go with number two as you are delivering a tangible product and expecting payment. I would request under the circumstances a check and wait for the check to clear your bank before sending the files to the bride. A credit card charge can be disputed so with a difficult client like yours it is risky.

 

I would communicate only in writing or email so you have a documentation trail of who said what and when. If she told you it was too much to pay by phone then send her an email (return receipt mode so you know she received and opened the email) confirming the discussion and re-stating the language in your contract that she signed.

 

She is doubtless over budget and now going after you to drop your rates as she knows she cannot change the costs for the other vendors.

[john_h.1]

DANGER WILL ROBINSON!!!

 

Some people here are suggesting that you not shoot this wedding becuase the contract says that money is due on a certain date. They have no idea, however, what consequences the contract sets forth if this payment is untimely and no idea what state's law is involved to settle that issue if the contract does not address the consequences. If these things are unknown (which is the case here) no one can tell you whether you face negative consequences if you fail to shoot the wedding.

 

I wouldn't follow someone's advice to cross the street if they can't tell whether a car is coming. Would you? I would look both ways first and then cross. You'll get to the other side eventually. If you shoot the wedding, you'll get paid eventually and not get run over by a lawsuit. This analogy isn't an exact fit but its close enough to understand what you are facing.

 

As you can see many photographers, when faced with this situation, will shoot the wedding and hold the images pending payment. Of those, many won't even SHOW the images. This is because curiousity inspires action. If they want to see, they got to pay. Another reason is that people unable or unwilling to pay on time often find reasons why they should pay less later. They will often nitpick and find fault with the images and demand credit. Here the bride has already asserted that her PREVIOUSLY AGREED TO AND CONTRACTRED fees are "too much to pay since she has not seen the final product."

 

Guess what she will say when she does see them.

 

Ultimately the only safe route is to follow a lawyer's advice for these legal questions, not ours online. Good luck.