Breach of Contract - Need Help

meggiemo

Last night I received an email from our photographer basically saying "can't remember what package you wanted. Hope it wasn't the one with a videographer because he's booked and has been for almost a year, so you probably couldn't have had him anyways. Better to tell you late than never." Yes... He actually said better late than never.

Our wedding is in 6 weeks. We signed our contract and paid our deposit (which was cashed immediately) on February 11, 2012. Well OVER a year ago. I have emails, a contract, AND a check specifically stating that we were to have a videographer included in our package. I have called several times today and emailed and he has not yet gotten back to me. This guy is a reputable photog and several people were shocked to hear he would do this to us. Has this happened to anyone else? What can I do? I have another photog & videog on hold at the moment, but I'm so worried something will happen and we'll end up on the hook for 2 contracts. I would seriously appreciate any advice. Thanks in advance!

Wzz

i'm not so sure there's more you can do other that what you've already done. that seems like an unprofessional reply.

does the photographer have an office? if so, definitely go and show your face to have a conversation about this with your contract in your hand. if you have a contract, i would want to assume he sent the email to the wrong bride and give the benefit of the doubt.

but yes, keep trying to contact him to clear this matter up.

good luck. dont sign another contract until this is settled IMO.

fmbyo

The best thing he could have done in this situation is say, "I'm very sorry for the mistake. To make up for the error here are three videographers I've verified are available for your date. Please pick one and I'll book them immediately."

I can't imagine "Good luck with that."

meggiemo

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_wedding-woes_breach-of-contract-need-help?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:47Discussion:83f87c5c-cae8-4e72-9e50-9dcb56cda5caPost:19cefa88-8fe7-4cd7-9edb-d7630fd80878">Re: Breach of Contract - Need Help</a>:
[QUOTE]The best thing he could have done in this situation is say, "I'm very sorry for the mistake. To make up for the error here are three videographers I've verified are available for your date. Please pick one and I'll book them immediately." I can't imagine "Good luck with that."
Posted by fmbyo[/QUOTE]



... You would think that would be a professional reply, wouldn't you? It just amazes me how utterly unprofessional some professionals can be! I mean, I'm not a photographer or any type of paid vendor, but I feel like any Jo-schmo knows what a proper "I screwed up" message looks like. Not to mention, a phone call would have been lovely. Ugh!

NeedWeddingFavors

Unfortunately all that the contract covers is the financial aspect. If your contract truly includes a videographer and you are not going to get one, all you can do is take the photographer to court after the fact and get some money back (if you use that photographer). 

At this point, I would go to the back up and then fight for the deposit back after the wedding. Of course, you can and should try to work this out or at least let him know that you expect a photographer and will not use any of his services if you don't get one. 

Good luck!

zizibet

   Send him a copy of your contract via em. I'd ask for a refund of a portion of your contract based on the videogrpaher cost. If he refuses, tell him you'll take him to small claims court.
   Take a look at the vendor directory at www,apracticalwedding.com
-you may be able to find someone else at a good price that you like,

notamrs

I can't believe your photographer didn't keep a copy of the contract for his records.  But ditto everyone else - send him a copy.  If your package includes a videographer and he signed it, it's on him to find a replacement or refund you that portion of the package price.

*Barbie*

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_wedding-woes_breach-of-contract-need-help?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:47Discussion:83f87c5c-cae8-4e72-9e50-9dcb56cda5caPost:4f4c4820-5ef2-45eb-b458-2dc53e225d95">Re: Breach of Contract - Need Help</a>:
[QUOTE]does the photographer have an office? if so, definitely go and show your face to have a conversation about this with your contract in your hand. if you have a contract, <strong>i would want to assume he sent the email to the wrong bride and give the benefit of the doubt.</strong>
Posted by Wzz[/QUOTE]

<div>That was my initial assumption. </div><div>
</div><div>I'd also show up, contract in hand, if possible. </div><div>
</div><div>I also get it that you're a few weeks out, so it's going to be more difficult to book someone else if this is the case - but at the same time, you need to chill a bit, and give the guy a chance to respond to your multiple calls/emails... at least 24-48 hours would be reasonable. (You might also want to take into consideration that this person could be shooting another event today/this weekend and might be unavailable until Monday due to travel and work. I'd be pissed if my photog was taking time out of working my wedding/event to respond to e-mails/calls.)</div><div>
</div><div>
</div>

Wzz

thanks, barbie. i thought i was crazy. no one else seemed to think it was a strange email reply to someone who already booked the video package.

i hope the OP updates. it's not a serious issue, but now i am curious about what happened.

stampadhesive

I would tell him you want a refund for the video part.  At this point, DO NOT allow him to supply a back up video guy unless you see that specific person's portfolio.  You could end up with one of his buddies who has never shot a wedding.