Breaking Up with Photographer - Help!

campbellbrown

I need some help! I am currently *trying* to break up with my photographer but it's been two weeks and she has yet to return any of my emails. I am going crazy trying to understand why. I've emailed her five times and sent her a letter. I was completely honest with her - we decided to go with someone else that was waaay out of our price range but was now working with our budget - someone we had spoken to months before her. I told her this was a hard decision, apologized profusely, and told her we understand she keeps the retainer.

In July, we had been emailing back and forth about a late August engagement shoot but nothing had happened just yet. We sent her the contract and deposit in late July and then I emailed her earlier this month - 11 months before the wedding date - to let her know we were canceling with her.

I had a lawyer friend read over the contract we signed and it doesn't give specifics on cancellations... only that she has the right to get money for any damages. In our interview with her she even said that the deposit was so low ($300) because she wouldn't want anyone to stay with her just because the deposit was too high. Doesn't that mean she would understand?

I know she hasn't dropped off the face of the earth - she's posting on her blog. Also, her online calendar still shows that our wedding date is "unavailable". I used two different email addresses to email her, just in case one wasn't working properly. Could she sue me for the total amount? I mean, ELEVEN months is a good amount of time to book another couple... what is going on? Photographers, do you have any ideas? I'm worried sick over this.

lalalinny

Step 1 is always to take a deep breath. 

Step 2 is to make sure that you have a copy of all the contracts and documents so that you can take them to court if she decides to sue. This includes the break up emails and letter you sent her. 

Step 3 is to call her and "demand" a response. No apologizing profusely or any of that. This is a business deal, and she is not being professional. Tell her that you are not okay with the fact that she has not gotten back to you, and that you need confirmation that you've been taken off her list. Be firm! 

Step 4... if and only if she has not responded to you by 6 months before your date, it's time to do something legally. File a police report so that it's on record- state that you've paid her money and no response has been given to you. If you want to pursue it further, wait until after the wedding. Then it's small claims court time. 

I despise unprofessional professionals!

campbellbrown

Thanks for responding.

She is a fairly popular photographer- I don't know why she would act this way. I'm sure she could re-book our date easily. I just don't understand.

I was told by a lawyer friend that I should sent a certified letter by mail to her telling her we no longer need her services... that way, she can't say that she didn't receive anything.

I'm a worrier (can't you tell?) so I can only think that she hasn't responded in the past 2 weeks because she is talking to her lawyers... but in 11 months, I'm sure she could fill that date! And she got our deposit/retainer.

Nina9

Yikes--sorry you're in this situation.  However, if she decides to not cooperate at all you do have a very powerful tool at your disposal: your feedback.  Tons of brides turn to sites like this or Yelp when they're figuring out who to use for their wedding, so if you have an exceptional experience (positive or negative), you should always consider letting others know.  Maybe you'll spare someone else similar aggravation with this vendor in the future!

[Deleted User]

I agree with lalalinny, hold onto all of your documents and try to phone her or meet her in person to discuss the contract. You might be able to get her attention and then explain to her you have chosen someone else.

11 months is completely enough time, espcially if she is keeping a deposit.

kwynn

You have to read your contract carefully. Technically, you could be on the hook for the entire amount of the package. You agreed to pay a photographer and she took it off her schedule. Now, you have changed your mind.

The contract is to protect both the bride and the photographer. If the photographer was doing the same to you that you are doing to her (found a better bride she liked more), we would all be up in arms about that. Once you sign with a vendor, you should stop looking.

If she rebooks, she will likely have to refund your deposit. Therefore, it may be better for her financially to NOT rebook and have you pay the entire amount of the package. It will depend on your state's laws, but it is absolutely possible you will have to pay for the package you agreed to pay for by signing.

campbellbrown

But, we have (on record) her saying in the interview with her that the deposit/retainer was so low ($300) because she wouldn't want anyone to stay with her just because the deposit was too high... 

Have you ever heard of a photographer suing a client? Wouldn't the lawyer fees exceed the total amount of the package? And photographers get a lot of jobs from word-of-mouth... suing a client that decided 11 months before the wedding they didn't want to use you is a little ridiculous, don't you think?

Angrytomato

I don't think there's anything else to be done. You called, emailed, gave her notice, etc. Her contract stipulates that she will keep the retainer if you cancel, and you told her you were ok with that.

You don't need to badger her for verification that she knows you are firing her. If she tries to send you a bill, don't pay it. You have the email logs to prove your side of the story.

526SadieSadie

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_photos-video_breaking-up-photographer?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:30Discussion:0892ec94-78bc-4954-9c08-3a416efef983Post:cbdf1af4-13c9-4508-bb12-1c1b79587d36">Re: Breaking Up with Photographer - Help!</a>:
[QUOTE]<strong>I don't think there's anything else to be done. You called, emailed, gave her notice, etc. Her contract stipulates that she will keep the retainer if you cancel, and you told her you were ok with that. You don't need to badger her for verification that she knows you are firing her. If she tries to send you a bill, don't pay it. You have the email logs to prove your side of the story.</strong>
Posted by Angrytomato[/QUOTE]

This.  You sound a lot like me, OP.  You're sure she got the messages and that fact that she hasn't responded to verify is driving you nuts, I'm the same exact way.  That being said, you could be on the hook for the rest of the money but if she tries to sue you, you can show the court proof that you tried a number of times to contact her to hash it all out but she never responded.

campbellbrown

Thanks, everyone.

I wouldn't be so worried except her online availability calendar still shows our wedding date as "unavailable". Which makes me think that she is in the process of maybe talking her lawyers and she's not responding or changing her calendar until things get sorted out. 

Again - wouldn't the lawyer fees exceed the $3200 she would sue us for? Isn't it a waste of time to be court over this when she can re-book someone? Has anyone heard of the photographer suing a client because they canceled? 

kwynn

I wouldn't be so worried except her online availability calendar still shows our wedding date as "unavailable". Which makes me think that she is in the process of maybe talking her lawyers and she's not responding or changing her calendar until things get sorted out.

Technically, she doesn't have to put that day up as "Available." If she rebooks it, she might (depending on state laws) have to give your deposit back. So she might rather just keep your deposit and not accept another booking for that day. There's no law that says she must try to rebook it.

Again - wouldn't the lawyer fees exceed the $3200 she would sue us for? Isn't it a waste of time to be court over this when she can re-book someone? Has anyone heard of the photographer suing a client because they canceled?

You don't need a lawyer to sue in small claims court. Actually, if she were to sue you and you lose, you'd likely have to pay that attorney fee anyway. Not saying it is likely, but yes, you can definitely sue over $3200. It isn't a waste of time because rebooking is going to take work, she will have to readvertise, she may get a lesser expensive package out of it, she might have to refund your deposit, etc. Filing to sue is just one simple paper in many states.

I have heard of photographers suing clients. Not often, but yes, it does happen.

Word of mouth is important in business, yes, but ultimately, her reputation wouldn't be hurt since you breached the contract, not her.

I don't think it is likely, but I do think it is possible. She likely won't bother, but you can't breech legal contracts because a better deal came along.

catemeg

I definitely agree with the return receipt mail.  Send her a letter stipulating that you had paid her a $300 deposit but had to cancel.  That you appreciate her understanding, but you have changed your mind. That you understand per the terms of the contract that she is entitled to keep the deposit in case you cancel, and you completely agree to abide by those terms and thus forfeit the $300 deposit.  And be sure to put that this letter should serve as the termination of the contract and you will no longer be needing her services.

Save the letter, and be sure to save the return receipt when it gets back to you.  Then let it go.  Yes, she can sue you in small claims court if she wants, but it's not likely.

And definitely get full cancellation policies for all future vendors spelled out specifically.

Angrytomato

Thinking that she's not changing her calendar because she's calling her lawyer is kind of paranoid. I'm sure you are not the first client to cancel her services. This is why there is a clause in the contract that says she keeps the deposit.

Seriously, you're fine.

ceeceed80

Have you tried calling her? I think people rely too much on email. 

Although as a lawyer, I can tell you that sending her a letter is exactly what you needed to do. I typically tell clients that they should send the letter certified mail that way you can guarantee that it's delivered. Just gives you a little more ammunition. 

Photographers have sued clients in the past. But typically their contract should have a timeframe listed for cancellation. It's her responsibility to have that in writing in her contract. But, I agree that giving her 11 months notice should be plenty.

I have seen contracts where vendors will state that if you cancel, you will be on the hook for the entire amount and I've also seen contracts where vendors give a time frame (say 6 months) for cancellation and they keep the deposit, but you aren't on hook for anything else. 

I would try calling her as a last resort. My guess is that if she's a busy photographer, she might be a little PO'ed that she lost business, particularly in this economy and she'll string you along for a while until she has nothing left to deal with. 

Good Luck! 

deb84

I really don't think that you need to be worried about legal action here.  I agree that you should send her a certified letter so you know for sure that she gets it.  Make a photocopy of the letter before you send it and when you get the return receipt back file them together.  Then let it go.  This is wedding season.  She is probably super busy and hasn't had time to change her calendar online.  Give her a break.  I am a also a worrier but I think you are taking this way too far in your head. 

biolfu

How you tried stopping by her studio?