Photos and Video

Had my wedding 5 months ago still haven't received my wedding photos

Hello,

So to try and make a long story as short as possible. I got married on 9/24/16. We decided to go with a dj/photographer team who were very reasonable and we actually know quite a few couples who have used them in the past so they were very reliable. 

The photographer who is a part of this team, photographs wedding as a side job and we were actually her last official wedding before she decided she was done with the business. 

It is now 3/2/17 and we still have not received our wedding photos back, not even so much as a "teaser". I have been really patient with her, because I know she was actually in the process of moving to New York City so she has been super busy with that. 

However, according to our contract it states the following "The Photography will provide digital photographs on a flash drive approximately eight (8) weeks after the event. The photographer will provide the Client with all of the digital photographs and approximately 100 professionally edited photographs."

She moved to NYC on 3/1/17, I was hoping she would have notified me that she sent the photos out before her move, I am nervous because I really don't want my photos lost within the move or have her equipment that is storing my wedding photos lost.

So my question is, do I request some sort of refund for having to wait so long?

The end of the contract says: "If the Photographer or DJ cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties then the Photographer or DJ shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer or DJ fails to perform for any other reason, the Photographer or DJ shall not be liable for any amount in excess of the retail value of the Client’s order."

Thank you.
-Cassidy  

Re: Had my wedding 5 months ago still haven't received my wedding photos

  • The force majeure language doesn't include her moving to NYC and losing your photos. That language only applies if stuff happens that's completely out of her control - like if a tornado destroys her house and, with it, the memory card with your photos. Forget that clause as it is non-applicable in this case. 

    She is in breach of contract at this point. She had 8 weeks, which came and went a long time ago. Your options at this point are to 1) work with her and try to get her to send you the flash drive (decide if you want to even push for edited photos or cut your losses) or 2) take her to small claims court. 

    I would 100% advise you to try #1 in the nicest, sweetest way you can before you throw the contract in her face and piss her off. Because if you end up at #2, you'll likely just get your money back and no photos at all.
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  • justsiejustsie
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    Agree with PP, contact her and remind her of your event and how long ago it was, re-communicate the time limitation you expected due to the contract and be nice about it. Based on how she responds to that should let you know how to proceed.

    I'm sorry this is happening, I know that it is probably really frustrating. We got married on the same date and I just got my pictures last week (my fault, not the photogs) so I imagine you are pretty anxious to see them. Hopefully your family/friends posted photos for you so you have had something to enjoy in the meantime. Best of luck!
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