Is She Serious? Wedding Photog Demands Full Payment Despite COVID & 50% Deposit

knottieab1e87b8d36bab85

I wonder if we are being fair and our photographer being completely unreasonable? We were supposed to have our destination wedding in France in September of this year. We had paid our initial deposit to secure the date but due to COVID we're not even sure if we are able to travel during this time. Travel restrictions remain in place, all international flights have been cancelled, and 14 day quarantine measures would be in place in the event we were to arrive. Moreover, our entire wedding party is not going anymore. Our photographer demands that we pay the final balance and postpone the wedding to 2021 as she recommends many of her booked couples doing. Her reasoning is that she would "go bankrupt" and lose out on this year's income which is NOT realistic as everyone's income has been affected. 

Unfortunately a postponement does not work in our circumstances. In an email a few weeks earlier she was pressing for an answer if we are able to make that date, as she mentioned she had another couple interested and "wanted to check in" with us. We were hoping to see what the travel restrictions are like over the next few weeks to see if we are able to go but if we're pressed for an answer today than we had mentioned that it looks like it's less and less likely, and that we would give her the courtesy of releasing her for that date so she doesn't lose out on the income. We sympathize for her situation and did not demand our initial deposit back but for her to ask for the remaining balance we feel is completely unreasonable in our opinion, particularly when a postpone is not possible in our situation. We feel that COVID represents a force majeure (circumstances that are an act of God) and unfortunately has no basis for demanding the remaining balance for services not rendered. In addition, she would be making that income up for the date with another couple. 

Are we being unreasonable in not paying the final balance? PS both of our income has been significantly impacted as well in terms of job loss, and there was no force majeure clause in the photographer contract. What do you think?

charlotte989875

knottieab1e87b8d36bab85 said:

I wonder if we are being fair and our photographer being completely unreasonable? We were supposed to have our destination wedding in France in September of this year. We had paid our initial deposit to secure the date but due to COVID we're not even sure if we are able to travel during this time. Travel restrictions remain in place, all international flights have been cancelled, and 14 day quarantine measures would be in place in the event we were to arrive. Moreover, our entire wedding party is not going anymore. Our photographer demands that we pay the final balance and postpone the wedding to 2021 as she recommends many couples doing. Her reasoning is that she would "go bankrupt" and lose out on this year's income which is NOT realistic as everyone's income has been affected. 

Unfortunately a postponement does not work for in our circumstances. In an email a few earlier she was been pressing for an answer if we are able to make that date, as she mentioned she had another couple interested and "wanted to check in" with us. We were hoping to see what the travel restrictions are like over the next few weeks to see if we are able to go but if we're pressed for an answer today than we had mentioned that it looks like it's less and less likely, and that we would give her the courtesy of releasing her for that date so she doesn't lose out on the income. We sympathize for her situation and did not demand our initial deposit back but for her to ask for the remaining balance we feel is completely unreasonable in our opinion, particularly when a postpone is not possible in our situation. We feel that COVID represents a force majeure (circumstances that are an act of God) and unfortunately has no basis for demanding the remaining balance for services not rendered. In addition, she would be making that income up for the date with another couple. 

Are we being unreasonable in not paying the final balance? PS both of our income has been significantly impacted as well in terms of job loss, and there was no force majeure clause in the photographer contract. What do you think?

I think it’s ridiculous for her to expect you to pay for services she hasn’t actually performed. I get her keeping the deposit (and it doesn’t sound like you’ll dispute that) but I think it’s unreasonable to ask for the full payment. 

Is there a date where you’ll have to decide to travel or not for the wedding? I’d tell her you’ll know by X date if the wedding will take place as planned but if it doesn’t you’ll release the date and will not be working with her. 

Jen4948

Her telling you when to get married crosses a professional line.  As bad as the coronavirus situation is, that's your decision to make, not hers.

Forgoing your deposit sounds reasonable, but I agree that it is ridiculous and inappropriate for her to expect you to pay for services she isn't providing for you. So I would let her know that she can keep your deposit, but will release her if it's not possible for you to marry as planned on X date.

knottieab1e87b8d36bab85

Thank you for your thoughts. We mentioned she can keep the deposit and release her of the date but continues to demand the rest of the balance. This is her reply in verbatim: 

//QUOTE
Contractual agreements are non negotiable, even in this Pandemic, and like other business and organisations that you have contractual agreements with, you as the client cannot dictate what you will and won’t honour. That is why contracts exist, to protect both parties and to give clear expectations of each parties responsibilities, as two people looking to enter a marriage contract, I would assume that you would be very serious about honouring contracts.
//END QUOTE

The contract does not explicitly cover any force majeure which has significantly impacted the original arrangements between both parties. 

charlotte989875

knottieab1e87b8d36bab85 said:

We mentioned she can keep the deposit and release her of the date but is demanding for the rest of the balance. This is her reply in verbatim: 

//QUOTE
Contractual agreements are non negotiable, even in this Pandemic, and like other business and organisations that you have contractual agreements with, you as the client cannot dictate what you will and won’t honour. That is why contracts exist, to protect both parties and to give clear expectations of each parties responsibilities, as two people looking to enter a marriage contract, I would assume that you would be very serious about honouring contracts.
//END QUOTE

She’s just trying to coerce you into paying her now. I’d read through the contract in detail but I can’t imagine there’s anything in there about paying for services before/in the event they’re not performed. I assume there is something in there about her actually taking the pictures, which it doesn’t sound like she’s going to do (since it sounds like you’re planning to release her if you can’t travel). Don’t let her try and force you to reschedule/postpone or pay in full. The reason you pay a deposit is to hold a date/secure services, but in the event that doesn’t happen you can back out (and lose your deposit). Just to check to make sure there’s nothing in there about paying more if you break the contract. 

ei34

I'd comb your contract for a line about her not getting full payment until the photos are actually taken.  As well as one about canceling before a certain time.  With a September wedding you're more than 60 days (possibly 90 days) away.  I totally get her keeping the deposit but she's being ridiculous.

knottieab1e87b8d36bab85

I'm tempted to post the contract here but I'll refrain. There is certainly an expectation in the contract for digital photos and videography provided by the photographer. Some noteable clauses:
1. It states that full payment should be provided 8 weeks in advance of the date. 
2. Cancellation policy is as follows.

If the Bride & Groom require the cancellation of services with the photographer the following cancellation fee scale applies.

Up to 6 months before the wedding date: 80% of the overall package cost booked.

Up to 3 months before the wedding date: 100% of the overall package cost booked.

In the unfortunate event of a need for the bride and groom to cancel the contract with the photographer, it is at the photographer's discretion to impose the cancellation fees or not, and will always act with empathy.

If the wedding date changes, the photographer is not under any obligation to move the date of the services booked. If the photographer is free on the new date, she will of course, rebook, with a new contract of services and any related increase to the service price will apply. However, if the photographer is unable to provide services on the new date, the cancellation fees will apply.

banana468

So her contract tells you to pay in full at 8 weeks prior knowing if you cancel at 12 weeks she's due in full?

Can it be enforced?  At this point can you see if it's actually legal with an attorney practicing where she is?

short+sassy

I also think she's being unreasonable, even if "to the letter" of the contract I guess she's in the right.  Her keeping the deposit...while she's not even losing any money if the other couple books that date...is completely outrageous.  She comes out ahead!  Sooooo...she wants to come out even more ahead when she isn't even facing a financial loss.  That's just heartless.

Let's talk brass tacks, which I admit are perhaps a little underhanded.

I assume this photog is in France?  Okay, you don't pay the rest of the contract.  What are the negative consequences of that for you all?  Nothing.  What is she going to do?  Take you to small claims court in France?  Let me tell ya, it's hard enough to collect on a small claims judgment when everyone lives in the same city.

Or, you could agree to postpone to a Sept. date in 2021.  Even if you have no intention of honoring it.  Because at least that re-sets the clock.  She might still demand full payment now to which you can respond, "Nope. Sorry.  Per our contract, payment is due 8 weeks before the event.  So you can hit me up for the final payment 10 months from now."  Then just totally cancel the event in March, so she's given that 6-month notice.  I guess you'd technically still be responsible for 80% of the cost, but it's better than 100%.

As an aside, and it's been too long since I've looked at photog contracts to remember if this is standard, but if there is any way I can help it...I NEVER, EVER, EVER pay 100% for a service that has not been rendered yet.  You can get so screwed that way.  What if she never showed up to the wedding and now won't return your calls.  Or she shows up and does that part of the job, but then it's 6 months after your wedding and she still hasn't provided you with the photos.  Gotta keep a hold-back, until everything is done.

bubblylove

I agree it's crazy but that is the contract you signed. So she has the legality on her side.

forevermarriedbrainshadia

I think you are right. If your photographer wants your business to shoot your wedding then they would reschedule and not ask you for more money.