horror family- I want to walk away?!

[a_beach]

<p>Hello, </p>

<p>I have my first really crazy situation with an impossible MOB. She has me running in circles editing and re-editing bridal portraits, and I am over 8 hours in on re-edits- I know this sounds terribly unprofessional, but I don't have wording in my contract to cover myself against OCD, controlling people, so I felt I had to just deal with it this time. I will be adding that clause now! She insiuates that I am just in this all for the money, and am financially raping the lower class... after I drove to another state for the bridal portrait and didn't charge for the mileage, and stayed for a 2 1/2 hour shoot on our "1 1/2 hour shoot" because she wanted every picture under the sun to be taken. She has insulted and berated me repeatedly, and demanded I do things that NO ONE has EVER asked me to do, like edit the same image 5 times. She wants all the pictures. Even the trash shots like blinks and wind blowing the veil straight up in the air. She wants all images re-edited to crop off the edge of the dress (to get closer to the face), and she wants all the grass to be hyper green and skin orange. Her "work friends" are empowering her to keep pushing. <br>

The part where I am the professional, and she has hired me to document things with my artistic vision has totally gone out the window at this point, and I feel like if it's this bad now, over 38 images, what will happen with the wedding images?<br>

I would like feedback on a course of action here. I want to send a letter releasing them of the contract and give them a full refund, and walk away. Can I do that? This is all just so crazy- nothing like this has ever happened to me. The poor bride is apologetic and remorseful, but can't stand up to mom. mom and bride and groom all signed the contract. <br>

There isn't anything in my contract that says I retain the right to end the contract- only wording referring to THEM canceling, and acts of God, etc. Can I back out? I don't even care about the money. I just want to move on in life and not have a nervous breakdown.</p>

[Matt Laur]

<p>Any chance that the woman who wants the orange skin and astroturf grass is looking at your work online, using a poorly calibrated display? Are are you showing them proof prints?</p>

[steve m smith]

<blockquote>

<p>I want to send a letter releasing them of the contract and give them a full refund, and walk away. Can I do that?</p>

</blockquote>

<p>Of course you can. I don't know what the legality is but you could certainly do it.</p>

[daverhaas]

<p>Since your contract - which you signed - and have been paid for doesn't allow you an out - you may be stuck at this point. I'd advise calling your lawyer and seeing what they say -</p>

<p>Barring an out in your contract - I'd suggest a huddle with the MOB, Bride and Groom. Bring sample prints of the images (Raw, your edits and MOB's edits) to the discussion. Label each clearly - so there is no doubt or debate. Set an agenda and goals for the meeting - explain to the MOB (and couple) that your contract and pricing is for x amount of edits and shooting time. And that you have already exceeded that for the Bridal Portraits. Plus don't hesitate to bring up the extras (time and travel) that you have not charged.</p>

<p>I'm assuming that they hired you for a reason - right? Bring that fact back to them (especially the MOB) - explain to her that you are willing to do everything within reason to keep her happy - but you can't give away the shop and I'm assuming that you have other clients too...</p>

<p>Another option to look at is to offer (don't say you want out) - them a replacement photographer / editor. Couch it something like - "I'm very sorry that we seem to be misunderstanding each other on what exactly you expect in the edited shots, but if you'd be more comfortable with someone else doing the work - I'd be willing to refund a significant portion of the purchase price and assist you with finding a photographer with whom you'd be more comfortable working. "</p>

<p>As for the keepers vs all shots -what does your contract say? If it's like most - it will say that you agree to provide EDITED IMAGES. Renumber the files so there are no gaps in the numbers... and bam - good to go... What? You think I took a photo there? Nope - camera must have malfunctioned. There was no image recorded that matches what you're looking for.... Okay - so this may not be 100% ethical - but it beats the heck out of a MOB that won't back down. Of course you could always just hand her the raw files and say - here is everything.</p>

<p>Good luck - and keep us posted.</p>

<p>Dave</p>

[david.wagle]

<p>Does your contract give you the artistic license to determine that a shot should not be provided to the couple? <br>

Is the MOB a signatory on the contract?</p>

<p> </p>

[steve m smith]

<blockquote>

<p>Is the MOB a signatory on the contract?</p>

</blockquote>

<p>That is the most important bit!</p>

<p>Going back to my previous comment regarding getting out of a contract. Breach of contract is not a criminal offence so you can break the contract if you want to.<br>

If I was doing this, I would just edit the photos to the minimum which is required by the contract and deliver them. Then have nothing more to do with them.</p>

[starvy]

<p>David is absolutely on the money. Set an agenda for this meeting that ensure that the bride and groom are present. Unless the mother in law commissioned you, the contract is surely with the bride and groom. List your time and price. Clearly define the extra work and how much you intend to charge for that. Give them what you would have been required to produce to reasonable clients. Then, if the meeting seems to be going badly, end it by saying, 'I am really sorry but the contract price did not include in me getting insulted. Here is my lawyer's card and from this point you need to discuss all matters in the presence of my lawyer and his charges would also be added to your bill'.</p>

[daverhaas]

<p>Steve -</p>

<p>You are correct that breach (most of the time) is not a criminal offense - but it can be a costly civil action -</p>

<p>Costs can include:<br>

1) Lawyers - both yours and the client's - if the court rules against you<br>

2) Court costs - again - if you are found to be in breach<br>

3) Liability - Insurance may cover unintentional breach - but I know of no insurance policy that will cover intentional breach<br>

4) Punitive Damages - just to make sure that you learn your lesson and don't intentionally breach a contract again.<br>

5) Time - court cases take time.<br>

6) Damage of reputation. People don't read the news - they read the headlines - do you really want to see " Local photographer stands up couple" as a headline in the local fishwrap?<br>

So - yes - the photographer in question could breach - but is it really a wise course of action? Probably not.</p>

<p>Editing to the standards in the contract is a much better approach - however, it does not end the calls from MOB. (Who is incidentally a signer on the contract)</p>

<p>Dave</p>

 

[steve m smith]

<blockquote>

<p>Who is incidentally a signer on the contract</p>

</blockquote>

<p><br /><br />Then that was the biggest mistake!</p>

<p>As for all of the points raised about costs involved with breach of contract, I would sum up the probability of it getting that far. </p>

<p>I think I would make sure future contracts covered this by putting in a 'maximum editing' clause and minimum amounts which would constitute completion of contract.</p>

<p>As for lawyers costs, I would represent myself.</p>

[david.wagle]

<p>I would include something in your contract about reasonable editing requests will be considered but you retain final decisions regarding all choices of artistic merit. That way you can say that any requested edit will not fulfill your artistic vision and be done with it, rather than have a limit on the number of edits requested. That would also give you the freedom to dispose of bad shots and the like as well.</p>

[john_a5]

<p>I would just put your foot down. Your contract is based on your images that you have on your website and the images you showed them in your portfolio. Unless your contract gives them the right to determine what is acceptable image editing, you have the say in that. If you want out, just tell the MOB that you have done the images to your satisfaction and standards, the ones you were hired to do. Tell her that if that isn't satisfactory, you will gladly refund their money and release them from the contract but you will not continue to redo images that are not representative of YOUR work. (if you didn't sign the contract as well, then you have no issue to worry about). Be very professional and emotionless. Sometimes bullies just need to be told no and they become your best friend (probably she isn't used to anyone standing up to her)--just be very professional and matter of fact.</p>

<p>As to them getting outtakes, again, what does your contract say with regards to deliverables. If you don't specify they get everything, then you don't have to comply. </p>

[bob_sunley]

<p>One option is to have the bride and groom come to see you without mob and have them literally sign off on the photos. If three people signed the original contract, having two of the signatures approve the edits should be good enough, even if it ends up going to court.</p>

<p>There is always a possibility that mob is colour blind or has some other vision impairment that is affecting her perception of the images.</p>

<p> </p>

[micah_robinson]

<p>I think John A hit it right on the head.</p>

<p>They hired you because they liked the way YOU take and prep photos.<br>

This is a fact.<br>

They have NO say in how you prep photos, none whatsoever.<br>

If they where photographers then they would have shot the wedding.<br>

Now this is all true unless your contract say's different.</p>

<p>As for refunding, no way I would do that.<br>

I would edit the photos to match YOUR style and contract and deliver them.<br>

Don't be a jerk about it but explain to them that this is your vision and that's why they hired you.</p>

<p>The MOB is probably trying to get the refund and that's why she's doing this.<br>

You want to try and avoid having them bad mouth you... but at the end of the day fulfill your contract and if they want to take you to court let them.<br>

You will win and get them to pay your court costs too.</p>

[ted_suss]

<p>I would try to back out at all costs, but how soon is the wedding? Will you be giving them "reasonable time" to find a replacement. Contact an attorney for legal advice.<br>

You can have all the meetings you want and put your foot down as many times as you want, but you're never going to please these people.</p>

[hjoseph7]

<p>MOB, OCD did I miss something IMHO ?</p>

[john_h.1]

<p>Stop being a doormat.</p>

<p>Deliver satisfactory images. Notify the parties that delivery of such images has been tendered and all duties have been properly discharged. The demands for special post editing are unreasonable, beyond the scope of the contract and no further work will be performed. Word that more nicely but just as directly. Do not offer any refund. Follow David Wagle's suggestion in the future.</p>

[Jerry_]

<p>...and if you cannot decline the wedding, you may need to provide a contract attachment. You would need to communicate that one (1) image may be re-edited one (1) time as part of your wedding photography. And add how much each re-edit [beyond one] will cost into the contract attachment. That will slow down the MOB -- as each re-make will cost her.</p>

<p> </p>

[steve m smith]

<blockquote>

<p>I would try to back out at all costs, but how soon is the wedding?</p>

</blockquote>

<p>It has already happened.</p>

 

<blockquote>

<p>Contact an attorney for legal advice.</p>

</blockquote>

<p>Good idea. Give away all of the profits!</p>

[mariosforsos]

<p>To my mind (and I'm sure that I'm not too far off base legally) the fact the MOB is a signatory is not, in itself sufficient reason for her to have sole control and approval over everything. you did mention, after all, that there were three signatories to the contract, right?</p>

<p>Personally I think the whole situation went down the drain the moment you actually succumbed to her every whim and let her push you around without setting limits and boundaries. When the 1 1/2 hour portrait session went the way it did, you should have (I'm letting the fact that you should have charged for the additional time go as sometimes these things happen), you should have sat down with the B&G and discussed exactly how things would have to go from that moment on.</p>

<p>Second, why are you letting the MOB direct the editing? Does your contract state that the client is present or responsible for the edits? I have yet to see a contract that does. Normally, you perform your own edits (I do, anyway), hand them over to the client and then, if only minor work is required, you can make small adjustments (i.e. maybe an image you "saw" in B&W they want in colour, maybe they want a tighter crop on a couple of images, etc, etc. - these you can do without a problem, but altering the colours in every single image? Nah...that's over and above...)</p>

<p>At this point the best idea, I think (without knowing what your payment scheme is and what is left for you to receive), would be to deliver the full TIFFs of your original vision, with a polite letter explaining that these are the final deliverables under contract and that you would be more than happy to suggest either (a) an alternative retoucher with who they could work all they want (their money, their options) or (b) pay you, either per hour or per image, to further retouch the images yourself.</p>

<p>If you do nothing then when the MOB receives the prints ANOTHER round of pestering will begin and you REALLY do not want to get into that - from that point onwards, it's about costs in addition to your time...</p>

<p>On closing, I'd like to play devil's advocate here a bit: could it be the MOB has some little justification for her demands? I.e. could it be that your framing is off? Or the contrast a bit soft? I'm just saying...</p>

[steve m smith]

<blockquote>

<p>Personally I think the whole situation went down the drain the moment you actually succumbed to her every whim and let her push you around without setting limits and boundaries.</p>

</blockquote>

<p>That's what I think too. You set a precedent which she continued to push.</p>

[oates]

<p>Have you thought about informing the MOB that all requests for editing must be made in writing, dated and signed? This way you have a written record of her demands, with prints as to the difference the editing makes and will so be able to end the contract for "unreasonable behaviour"? Or something similar?<br>

Alternatively, ask the groom if he would like his mother to view the prints and show copies of your choice of edit..and MOB's choice of edit..no matter how timid a bride may be with her mother, surely she wants to look nothing less than perfect in her wedding album? MIL to be my also provide some needed back up!<br>

Also, who is actually paying? If all 3 signed, then who is paying the bill?</p>

[mike_hitchen]

<p>Whether you have a get-out in your contract is irrelevant. If one party is acting unreasonably (and getting you to re-edidt photos that you have already edited to her specifications is certainly unreasonable) then that would (in UK anyway) be an implied term of the contact and you could refuse the work. The work you have done to accede to so many requests up till now will only show how reasonable you have been so far. </p>

<p>I would very strongly suggest you take John Henneberger's advice - in discussions about contract issues he continuously offers level-headed, knowledgable and reasonable comment. </p>

<p>In situations like this I prefer the letter to be short and professional - if they follow up with talk of legal obligations then you can then go into detail about her requests and I think your OP is a pretty good summary. Some people would put that into their first letter so how you do it is how you feel comfortable.</p>

 

<blockquote>

<p>mom and bride and groom all signed the contract</p>

</blockquote>

<p>Nightmare! I would have wherever possible only one person sign the contract because if there is a difference of opinion you will never finish the contract. That should be the person who is paying, but if everyone is chipping in then have them name one person on the contract agree who will act as spokesperson - the rest can sign as understanding the agreement but you only negotiate with the named person.</p>

<p>In days of print, the contract stated how many prints the client would get - equally you can state how many processed shots they will get on disc. And when you meet with them before committing to the contract, confirm with them that they are buying your vision of the wedding and that should give you some leeway on who 'controls' the image.</p>

[mike_hitchen]

<p>Is 'A Beach' your real name? If they google your name and end up here then seeing the title 'Horror family' will not do you well (especially as the MOB seems to be the only one being difficult).<br>

On photo.net you have one chance to change your name - I would use it if necessary.</p>

[ant_nio_gomes]

<p>Providing your pictures are according to the quality standards of your usual work (as known by the other parts in the contract) and that you are offering a number of images that cover the event and are within your contractual obligations, did you consider to charge the lady for the work and time to produce all the extra crops and custom edits she's requiring from you?</p>

[a_beach]

<p>Wow, thank you all so much for all of your thorough responses. I absolutely agree that I let this get away from me right from the beginning, and I have learned a lesson about this the hard way. The other parties involved are gently ganging up on the mother and quieting her down. Bride says she wants the portrait in her house to be exactly as is and doesn't want the mom's "fixed" ones. (whew!) I will take each piece of advice here and I see a few good alternatives. The bride seems to really want me to still shoot the wedding, so I believe I will add an addendum to their contract (for them to sign) stating the scope of work and methods of ordering, and offer them the option to receive a release from the contract and a refund of the wedding portion of the deposit if they are not comfortable with the addendum. This way, they will have the freedom to conform or be let loose. </p>