My Wedding Photos Took More Than a Year

[tina_b2]

<p>I got married over a year ago in Ohio. We hired a photographer with excellent references and body of work to shoot 10 hrs of photo and video for us and provide a photobooth and guestbook. Everything went smoothly at the wedding, he provided a second shooter, which was not included in our package. But he did not provide the guestbook for the photobooth like he was supposed to, but I'm pretty easy going, so I figured it all evened out. However, I now really wish we would have had that guestbook, and there's no going back now....</p>

<p>So, the contract we signed with our photographer said that our photos would take <em>MINIMUM </em>90 business days. I had originally read this as 90 days, not 90 business days, because after the wedding, when I discovered this, I calculated that 90 business days (being generous with holidays) was almost <strong>5 months</strong>, which I thought was ridiculous.</p>

<p>But, I waited patiently the five months, because that was the contract I had signed. However, the 90 business days came and went, and I regularly contacted the photographer to ask for the status of the photos. I received responses, none of them very apologetic, in which he continued to remind me that the contract had only stated a <em>minimum </em>and telling me how swamped he was with other work. This lasted almost a year, in which time, we did not see one single photo (no teasers, no highlights, nothing), but we did have constant assurances from the photographer that he had the photos and was working on them.</p>

<p>We had moved shortly before the wedding, and, after the wedding, I could not locate my copy of our contract. Without the contract, I desperately did not want to cause any conflict before the photos were in my hands. Then, two weeks before our 1 year anniversary, the photographer posted about 40 pictures on facebook from our wedding. And, shortly after the anniversary, posted an online photo gallery. The photos are nice quality, but the photos from the second shooter were missing (mainly of the men getting ready at the other location). We asked about these, and he said he did have the photos, but would have to find them.</p>

<p>After the gallery posted, we thought that we would shortly have our deliverables (cds, photobooks, video, etc) in-hand. However, it has been more than a month since he posted photos, and we have no deliverables from the wedding. He did offer us a $500 discount on our package for the long wait (we paid 1/2 upfront, and don't owe the other half until we receive the photos), however, I don't feel like this discount is enough. I have finally reached my breaking point.</p>

<p>I am horribly embarrassed about the entire situation, I feel like I should never have booked this photographer, and that I completely mishandled everything after the wedding. No one is even interested in our photos anymore, and I feel like I was robbed of getting the experience of showing people our wedding pictures. I don't even know if I have any options in this situation.....so I am seeking advice. Any feedback would help. </p>

[BrianS1664879711]

<p>Take the $500 and be happy. Ask photographer to amend the contract to indicate the discount... and provide you with copy of the revised contract. Ask photographer to specify on the contract his/her anticipated delivery date. Have a glass of wine to get over your "breaking point". The mistake, if you can call it a mistake, was to sign a contract without an end specified. It's a bad contract but not too much you can do to change that, or the long wait you endured, now. If you get jerked around too much more, consider small claims court on the basis of non-delivery on the contract. It is possible that a reasonable judge would consider the open-ended contract unreasonable... no matter what was signed.</p>

[cricketprints]

<p>I would be careful not to upset him too much or you will be put on the bottom of the priority list again. Keep bugging him nicely until you get your deliverables, then re-negotiate the price (more than the $500 discount), I think you you shouldn't pay anymore at all. <br>

-or-<br>

Have a lawyer write up a simple letter demanding the deliverables and refusing further payment, give him a date to deliver by (30 days) or you will consider a lawsuit and a 100% refund. Hopefully you get everything and owe nothing. (Be best if you find the contract)<br>

I'm a photographer & I know what it's like to be swamped but 90 days is too long to wait for wedding pix (at least digital gallery), 5 months is too long to wait for deliverables and 1 year is a joke.</p>

 

[wildwhim]

<p>Hi Tina,<br>

Sorry you're in this predicament. It sounds to me like he is 1.) completely overwhelmed with work and/or 2.) something may have happened to some of your photos, which is why he's been so reluctant to get the job over and done with. It's a shame he just isn't more upfront with you, as I assume he hasn't been.<br>

I'd do your best to keep a dialogue with him so that he feels the pressure to get you all of the deliverables promised. Does he have an office/studio you and your husband can visit? Seeing him in person may help. Perhaps you could ask to meet him in person? <br>

Do you have detailed email correspondence with him that shows what he promised you and hasn't yet delivered? <br>

Hopeful you get your pics and soon. Best of luck!</p>

[BrianS1664879711]

<p>Scott, as I understand it - a 100% refund is not likely to happen and may not be a realistic thing to encourage. The concept of "being made whole" does not allow for refund of money on services already rendered. Punitive award may be a different story. </p>

[bill_clark___minnetonka_mi]

<p>So sorry about your experience. <br /> Shouldn't be this way, especially in the digital capture/process era we are in today.<br /> Time is of value. People want quick results and they should get/demand that. Those that don't provide that service will fade away.</p>

[daverhaas]

<p>Take the $500 discount, inform him that you will make the final payment (less the discount) when he produces the final deliverables.</p>

<p>I am inclined to believe that he is simply overbooked and isn't ignoring you because of poor quality photos.</p>

<p>Dave</p>

 

[MichaelChang]

<blockquote>

<p><em>"The concept of "being made whole" does not allow for refund of money on services already rendered."</em></p>

</blockquote>

<p>Without intending to hijack the thread, Brian;</p>

<p>If a party to the contract did not receive the services promised, wouldn't it be irrelevant that the photographer had already "done some work"?</p>

<p>I also believe the unreasonable delay can be argued as breach of contract implied-in-fact. If I order a pizza, the action of my phone call and the pizza joint's receipt of the order indicates their intention to deliver a pizza in exchange for my money within a reasonable time. The pizza will be of diminished value to me if it was delivered 3 days later which can trigger my right of refusal. </p>

[BrianS1664879711]

<p>Michael, I've seen this many times on Judge Judy and The People's Court, and in those cases the answer always was that the photographer (or other craftsman) must be compensated for the work they performed if the plaintiff was recovering anything (like negs or digital files). The situation I've always seen is where the photographer has brought a CD of the images and turned it over to the plaintiff as part of the award.</p>

<p>Presumably, in this situation as well as those on the TV court shows, the bride and groom would much rather get their negs/files than nothing at all if the photographer won't/can't complete the deal.</p>

<p>Rather than an example of a perishable product in your example, substitute construction. If you hired a contractor to add a room to your house, and he did the framing and roof, but never finished the walls -- should you get the walls and roof for free, or should you pay just for that and maybe be compensated something (punitive award, I think its called) for your inconvenience of having to get another contractor to finish the job.</p>

[BrianS1664879711]

<p>p.s. If I ordered a pizza and it was delievered 3 days late, I'd refuse it too. But I would have LONG BEFORE THAT found something else to eat so I dn't think the diminished value would be very consequential. Plus, I don't think there are any real damages associated with being disappointed over not getting a pizza on time. Just like there is little damages associated with getting a pepperoni pizza delivered to your door when you really ordered sausage. I don't know the that "breach of contract implied-of-fact" really applies to ordering takeout or delivery food. :)</p>

[MichaelChang]

<p>You might be right, Brian, but it strikes me as curious that in the case of photography, nothing of value to the customer is received until the photos are delivered. The fact that a photographer appears to have taken some photos but not delivered, as in this case, should be of no consequence.</p>

<p>Maybe such precedents as Judge Judy's verdict exist because no one has ever challenged it further through higher courts.</p>

<p>In your construction example, however, there is clearly partial fulfilment of services which can be argued to be of benefit to the house owner, therefore should be partially compensated. I used the pizza example because it's similar to wedding photos; a party to the contract either receives it or not without ambiguity. [added] ie, there is no partial benefit to the client. </p>

[goldbergbarry]

<p>Making the assumption that you still want the photos, here is what I recommend.</p>

<p>Go see the photographer in-person. Talk to him face-to-face. Be gracious, explain that your primary interest is in getting what was promised and you don't want to get lawyers involved. Tell him that you need to know realistically when can you expect to receive the final product as was promised. Then put this in-writing and have him sign it, along with acknowledgement of the $500 discount. </p>

<p>I would then follow up with him on a weekly basis to make sure that he is on-schedule. Always be pleasant to deal with but be persistent at the same time. He needs to know that you are not going away. </p>

<p>Making the assumption that he has all of the pictures and he is just backlogged and very unorganized, hopefully this will come to a happy conclusion. On the other hand, if there are other problems and he does not have the missing pictures, this reinforces any legal action that you may want to take, and demonstrates to the court that you are trying to be reasonable. If he is late again, then it is time to take him to court. Hopefully it will never go that far.</p>

<p>Also do not pay him another cent until he delivers everything to your satisfaction. </p>

[BrianS1664879711]

<p>I never saw a situation where a photographer had absolutely nothing to deliver. In some cases I saw, the digital negs had already been delivered on a CD but the album never was produced. In other cases, the photographer handed over negs/CD in the courtroom as part fo the settlement. If ever was a case where a photographer couldn't deliver anything at all, I certainly expect that a full refund would make the disappointed bride/groom "whole"... very upset, and without wedding photos, but at least financially "whole".</p>

[john_h.1]

<p>In the U.S., in most states, the breaching party is not entitled to payment/other value for partial performance unless the aggrieved party accepts and retains a substantial benefit from it. An exception being if the receiving party interfered with and preventing full performance. I have not seen cases on this particular scenario but its seems difficult to believe that there is any benefit from the shooting portion if the photos will never be delivered. Its not like the mere presence and shooting of the photographer shooting enhances a wedding.</p>

<p>Since the minimum delivery date is so long, it could legally buy the provider a longer time than may ordinarily fly. Assuming, for discussion, it didn't and a legal claim were made now, it can be argued the the unique nature of the benefit means the legal remedy of a refund is inadequate and justifies the more unusual equitable remedy of a court order of specific performance that compels delivery of the images. Otherwise, the claim for a refund could be sought (and the images may suddenly be delivered to avoid that). Since it will be hard to calculate or even show any financial loss for late delivery in financial terms, it may be difficult to recover a financial set off for the tardiness unless the contract provided or otherwise accounted for that.</p>

<p>While I give the disclaimer that none of this this is legal advice, I would, if in the situation, apply more pressure, friendly or otherwise depending on the situation and then pursue the matter more officially if it appears that those efforts are futile. Right now it's known that, at least, some images exist since they were posted which is a good sign for eventually getting the images.</p>

<p>Its unfortunate, assuming the accuracy of the story, that this happened. It should be known this type of delay, even if legal, will cause anguish to clients and invites mistrust among the public that might reflect poorly on the industry.</p>

<p>If its any consolation, I think there will be good response to the wedding images particularly with a short explanation of why they are being at the time they are.</p>

[savagesax]

<p>I'm busy too. We didn't hit the 100 mark this year, but came very close. I won't know the exact number because we still have some holiday parties going on.<br>

I can't figure out why it takes a year. On our busy days, when using other photographers, the RAW images are done by Tuesday. A slow day, Sunday or Monday.<br>

So knowing this, demand all of the images on a CD/DVD hopefully in the RAW format. Someone here on this forum would be happy to edit the photo's for a very fair price and put them in the jpeg size, ready to be printed.<br>

I would write an email, save the email with his response., including old emails. You can also write a certified letter and have it signed by the photographer, postman does this, but if the person isn't home most likely he will need to stop by the post office and sign to receive the letter.<br>

I wouldn't say anything about lawyers and small claims court yet. Write the letter or the email, perhaps both and keep these records.<br>

Can you post any images? I can't help wondering if he had some sort of camera failure or a bad CF card and a lot of the images are gone. If you wish thre is no reason that I can think of that restricts using his name. Then some of the readers can look him up, such as checking out the BBB and your local Chamber.</p>

 

[picturesque]

<p>I'm sorry, but when I read stories like this, I am not sympathetic to the photographer. Even if the photographer has another full time job, for instance, there is such a thing as staying up all night to do what you promise to do. Now, he certainly covered his rear with the 90 business days minimum line, but even so.</p>

<p>In addition, these kinds of stories seem to always result in finding that the photographer lives on cash flow, and does not have the money to complete deliverables. So I would not be optimistic at all about actually getting your hands on the physical products anytime soon.</p>

<p>I agree with Barry's last piece of advice. It is always better to deal with the person directly and maintain a civil tone than have to threaten lawsuit--as long as results are being achieved.</p>

[johne37179]

<p>I remember that one of the most important things I learned going through one of our Service Academies was "No excuses, Sir!" This photographer's performance is abominable. I don't care how busy he is or how many other customers he has. Once you get your photos, or the line comes to an end -- Craig's List and Angie's List are your friend. You need to very truthfully and without emotion or embellishment tell your story. This photographer needs to find a job delivering pizzas, or picking up garbage, or flipping burgers.</p>

[fuccisphotos]

I am with bob on this one. I wouldn't think that you shold be getting ANY thing else anytime soon or ever. So I would ask

for the images on disc(s) or hard drive, preferably the raw images and then take them to someone else to process them

and turn them into an album for you do that you can put this behind you. This shouldbe given to you in lieu of the $500

credit (assuming this was one of the deliverables).

 

I have made albums for clients who had relationships go sour with their photographer before. But I always make sure the

client has royalty free reprint rights to the images that allow me to do such work without fear of being sued myselfor

breach of copyright. So make sure you get documentation of that from them with th discs/files.

[suspendedmoments]

<p>One aspect I'm curious about is with other clients during this time frame... is he behind a year with every wedding client? Or, is your wedding uncharacteristically delayed as compared to other clients the photographer has serviced?<br>

What was the normal turn around at the time you hired the photographer? <br>

Wedding photographers are most frequently hired by those who have had a friend or relative use their services in the past. This method of hiring, gives you a ready source for understanding the response time frame you may expect after the event. <br>

Larger venues with multiple shooters will take time, but I have to agree that a year is a very bad sign. He did post some examples, so you know he did get something down... I would request the DVD data disc of all images with a print release (full size images, not reduced resolution)... as compensation for the extraordinary delay. This would allow you to have them worked up by someone with the appropriate time and talent. <br>

I'm sorry to say, I hear stories like this more often than should be the case. I hope others who have not yet selected their photographer will find this posting valuable.</p>

[sebastianmoran]

<p>This just confirms that time is of the essence in most transactions, but especially in paid-for photography.</p>

[james_angersola]

<p>Sounds to me like he is stalling and perhaps something happened to your photos</p>

[francie_baltazar]

<p>What the heck - I feel bad when I take two weeks to deliver... this guy is not being profesisonal - lots of good advise on here - go see him in person - see if you can get at least a DVD with the images on it before you leave him - then cancel all other delieveralble and ask for a refund. Find someone else do do your prints and album...</p>

 

[tina_b2]

<p>I just want to express my extreme gratitude for all of the excellent advice and opinions here. I never expected such an amazing response. All of the advice has renewed my resolve to pursue this. I have been so embarrassed to even tell people how I got myself into this situation, but this has made me realize that this photographer should be held accountable. I'm so glad that there are so many responsible, quality photographers in the industry who seem to truly care about their clients. This has been invaluable to me. <br>

Thank you so much!!!</p>

[green_photog]

<p>I work a full time job but the longest it took me to deliver the disc and 300-500 edited images is 2 weeks. The fact that it takes one year to get to this point means only one thing to me, the photog doesn't care about your photos or the rest of the money.</p>

<p>Like others have said, take what you can from the photog now and don't expect anything else.</p>

[sherijohnson]

<p>Tina, I have a friend that told me it took her over 2 years to get her wedding album and/or pictures from her wedding. I don't know all of the full details, but persistence paid off even though it was very frustrating for her.</p>