Photographer Issue/Opinions Please!

ashleynhobby

So here's the low down.

We got engaged in December and I immediately started looking for photographers because I new I wanted a good one. By January I had booked this amazing lady to shoot engagement and wedding pictures for a grand total of $2100, which I thought was a steal cause like I said, she's amazing!

To book her I had to put down a 25% deposit (no big deal). Our pictures came out better than I could ever have imagined (one of my favorites is my icon avatar) and after the pictures were done there was no communication because we had so much time in between. I am paying her through a PayPal account and after the first payment I got an email they received the payment and my balance due.

Five months later I make another sizable payment through PayPal and I don't receive an email. A week later I email her through the website to confirm she received it. Hearing nothing for another 24 hours, I search for her on FB. Come to find out she has her own photography business under her name (she owned the previous one as well). I then message her on her personal page, her new photography page, her personal email, the previous business email and text her. I was going crazy, what can I say. Another 24 hours later and still NOTHING!

At this point I think, OMG am I out all my money? Is she trying to scam me? Has something bad happened to her? Do I have less then 4 months to find an equally amazing photographer? Every possible scenario is running through my mind. I then decide to email the assistant photographer and see if I can get any info from her. Finally a few hours later I get a response. 

Basically she tells me that it was a busy weekend and they only get back to people during the week. Ok that's fine I get it, it's wedding season. Apparently the business just doesn't exist anymore and now she has a business under her name. She also tells me that they didn't want to bother telling all their clients because they fully intended to fulfill the contracts. IMO this was a really bad move on their part. I would've been fine with an email but I had to find out through FB. To top everything off, oh yeah it gets better, they might have to bring in a replacement for our wedding!

The main photographer's boyfriends sister is thinking about picking our date for their wedding and she says that if they do then both of them will be at their wedding. I looked through the contract and nothing states about them bailing on you for family. I know I sound so selfish but I feel it's all been presented to me in such a wrong way. I still haven't directly heard from the main photographer and now I have to wait to see if the other girl is going to pick our date. I am so stressed out right now I can't even see straight!

So what do you think? Am I just being crazy selfish and I should just drop it or should I be concerned and say something to her?

PS Sorry that was way longer then I intended.

[Deleted User]

Does your contract say those specific photographers will be at your wedding, or just it just say "a photographer from X company"? If it has their names, to the best of my knowledge, that would be a breach of their contract. How you go about getting a refund or whatever is beyond me, but I know there are some legal ladies on this board.

If I were you, I'd try XP'ing this to the E board as well, they usually have pretty good responses to a situation like this.

SewInLoveWithDMB

The changing of the names of the company doesn't bother me as much as possibly using a replacement photographer.

You need to check your contract - if it states the photographer's actual name, then you have the ability to take legal action.  I know in ours, we wanted a specific photographer, and his name is on the contract. But, there is also a clause that for an emergency, it can be someone one. My mother is an attorney, and she helped me word and "define" an emergency. Hindsight is of course 20/20, but if this was not handled before the contract was signed, there might not be anything you can do.

You need to reread your contract and wait until the photographer contacts you with more information.  If your contract does not have her specific name, then they have every right to send a fill-in.

ashleynhobby

Thanks ladies, I don't have it on me right now, so I'm paraphrasing, but the contract states that there would be a "fill in" photographer if an act of natural, God's will, blah blah blah happened. I know it doesn't state their names anywhere in the contract but I'll have to reread it. I guess I just feel like we're getting the short end of the stick here.

SilverSarahB

Would you mind sharing the contract language when you get it?  This does sound worrying, and you don't have to just let it happen.  If we know the contract language, we might be able to help you more. 

ashleynhobby

@SilverSarahB Here you go! It's long but thanks for your help!

Terms and Deliverables

 

Final payment is due one week prior to the wedding day. 

GENERAL TERMS SHOWN BELOW APPLY UNLESS NOTED HERE. 

Special Terms:  

_____________________________________________________________ 

AGREED:

This photography contract is between Timeless Photography and _______________________________  (hereinafter “The Couple”) relating to their wedding. 

 

ENTIRE AGREEMENT: This agreement contains the entire understanding 

Between Timeless Photography and the couple. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.  All changes must be made in writing. 

RESERVATION: A signed contract and reservation fee are required to reserve 

The specified coverage. 

DESIRED IMAGE REVIEW: The couple agrees to provide a pre-event image 

Shot list before the event date in order to accommodate specific desired 

Photographs to Timeless Photography. The couple will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The photographer will not be held accountable for not photographing desired people from the list if there is no one to assist in identifying people or gathering people for photograph(s), or the desired people are off doing errands, projects, or other tasks which preclude them from being found and available to be included in photographs. The bride and or groom agree to set aside enough time before to complete all requested pre-wedding ceremony photographs before the start of the wedding. At least 30 minutes of time must also be planned after the wedding ceremony to gather people for photographs that could not be obtained during or before the wedding. If the bride's or grooms late arrival, or other people, 

Prevents all the desired images from being taken the photographer shall not 

Be held liable for lack of time to take desired photographs. 

ARTISTIC LICENSE:  Timeless Photography shall be granted full artistic 

License in relation to the poses photographed and the locations used.  The 

Couple understands that the ceremony is a one time event and Timeless

Photography will give the ceremony high respect.  To accommodate this 

Respect for the ceremony and understanding that the event is live, certain 

Images may be uncultured due to line of sight, limitation of shooting positions 

Or split second occurrences.  Timeless Photography will make every attempt 

To capture the essence of the day but will not be held liable for missed 

Images. 

COOPERATION: The parties agree to cooperation and communication for the 

Best possible result within the definition of this assignment. Timeless 

Photography is not responsible if key individuals fail to appear or cooperate 

During photography sessions or for missed images due to details not revealed 

To Timeless Photography. Timeless Photography recommends that the 

Couple designates an "event guide" to point out important individuals for 

Informal or candid photographs to the photographer (see above) during the 

Wedding that they wish to have photographed. 

SHOOTING TIME / ADDITIONS: The photography schedule and selected 

Methodology are designed to accomplish the goals and wishes of the couple in 

A manner enjoyed by all parties. The couple and Timeless Photography 

Agree that cheerful cooperation and punctuality are therefore essential to that 

Purpose. Shooting commences at the scheduled start time. 

EXCLUSIVE PHOTOGRAPHER:  Timeless Photography shall be the 

Exclusive photographer retained by the couple for the purpose of 

Photographing the wedding day. Family and friends will be permitted to 

Photograph at the wedding as long as they do not interfere with our duties 

And do not photograph poses arranged by the Photographers. 

HOUSE RULES: The photographer is limited by the guidelines of ceremony 

Official or reception site management. The couple agrees to accept the 

Technical results of their imposition on the photographer. Negotiation with the 

Officials for moderation of guidelines is the couple's responsibility; Timeless 

Photography will offer technical recommendations only. The couple agrees to 

Hold Timeless Photography harmless for the impact such guidelines or rules 

May have on the resulting photographs. 

COPYRIGHT:  Timeless Photography shall own the copyright for all images 

Created at the event and shall have exclusive right to make reproductions.  

PHOTOGRAPHIC MATERIALS:  All photographic materials, including but not 

Limited to the digital files, shall remain the exclusive property of Timeless 

Photography.  

CANCELLATION OR POSTPONEMENT: If the couple should cancel the 

Event for any reason, the retainer will not be refunded. If canceling this 

Contract the couple must notify the Photographer in writing. To consider a 

Date change, the Photographer must first receive a written release of the 

Current contracted date, which will null and void this written contract. If the 

Couple needs to change the event date all monies paid will transfer to the new 

Date per a newly written and signed contract if that date is available for the 

Photographer. The new date must be within six months of the original date or 

The new contract will be subject to the Photographer’s current rates. If the 

New date is unavailable with the Photographer the contract will be cancelled 

And the retainer will not be refunded.  

FAILURE TO PERFORM:  If the Photographer cannot perform this agreement 

Due to fire, casualty, Act of God, illness, or any other cause beyond the 

Control of the Photographer then Timeless Photography shall return all 

Monies paid and shall have no further liability with respect to this contract. 

This limitation of liability shall also apply in the event that photographic 

Materials are damaged in processing, lost through camera or memory card 

Malfunction, lost in the mail, or otherwise lost or damaged without fault on 

The part of the Photographer. In the event that TImeless Photography fails 

To perform for any other reason, Timeless Photography shall not be liable for 

Any amount in excess of the value of the couple’s package.  

PHOTOGRAPHER SUBSTITUTION:  In the extremely unlikely event of 

Severe personal illness or other extreme acts of Nature beyond the control of 

TImeless Photography, which precludes the Photographer from performing 

The duties of coverage TImeless Photography will attempt to arrange for a 

Substitute photographer of high qualification, per the couple approval of said 

Photographer. The couple and Timeless Photography both assume the risks 

And dangers of the photographer’s travel and if the extremely unlikely event 

That a last-minute Act of Nature or travel disaster occurs while Timeless 

Photography is en route to the event the Photographer will refund the couple 

All monies paid, less the retainer.  

START / STOP TIMES: The Hourly photographic fee starts when Timeless 

Photography arrives at a site to start setting up equipment. This starts 1/2 

Hour before the couple wants the first picture taken. The clock stops when the 

Bride / groom states that Timeless Photography can depart and all 

Equipment deployed has been packed away. 

TRAVEL FEE CALCULATION: Travel fees outside of the Metro DFW area 

Are calculated on the normal expected travel time to get to and from the main 

Wedding site from Timeless Photography's home under normal traffic 

Conditions. 

INITIAL SITE VISIT: Timeless Photography does not charge travel or 

Hourly fees when scouting out the wedding site when it is located in the local 

Commuting area. Attending a rehearsal when no photographs are desired is 

Also at no additional cost. 

EXHIBITION: Timeless Photography may ask Requests for specific original negatives at a future time. The couple grants Timeless Photography 

Permission to display selected images, in print and on the Internet, resulting 

From this assignment as an example of TImeless Photography work and for 

Entrance into photographic competitions and release all claims to profits that 

May arise from use of images. 

MODEL RELEASE. The couple hereby grants to Timeless Photography and 

Its legal representatives and assigns, the irrevocable and unrestricted right to 

Use and publish photographs of the couple or in which the couple may be 

Included, for editorial, trade, advertising and any other purpose and in any 

Manner and medium; to alter the same without restriction; and to copyright 

The same. The couple hereby releases TImeless Photography and its legal 

Representatives and assigns from all claims and liability relating to say 

Photographs.  

LIMIT OF LIABILITY: In the unlikely event that the photographer is injured 

Or becomes too ill to photograph the event, Timeless Photography will 

Secure a replacement photographer. If the situation should occur and a 

Suitable replacement is not found, responsibility and liability is limited to the 

Return of all payments received for the event package. Timeless 

Photography takes the utmost care with respect to exposure, transportation, 

And processing the photographs. However, in the unlikely event that 

Photographs or equipment has been lost, stolen, or destroyed for reasons 

Within or beyond TImeless Photography's control, TImeless Photography 

Liability is limited to the return of all payments received for the event package. 

The limit of liability for a partial loss of originals shall be a prorated amount of 

The exposures lost based on the percentage of total number of originals. 

SECURITY DEPOSITS: In the event of cancellation, the security deposit paid 

Is non-refundable. It shall be liquidated damages to TImeless Photography 

In the event of a breach of contract by the couple. The couple shall also be 

Responsible for payment to TImeless Photography for any special materials 

Charges incurred up to time of cancellation. 

PAYMENTS: The couple agrees to timely payment. 

One of the parties of the couple: 

_______________________________________________________ 

Date Signed: _________________________ 

Timeless Photography: _________________________________________ 

Date Signed: _________________________ 

Deposit Amount: ________ 

Stina51286

"

PHOTOGRAPHER SUBSTITUTION: In the extremely unlikely event of

Severe personal illness or other extreme acts of Nature beyond the control of

TImeless Photography, which precludes the Photographer from performing

The duties of coverage TImeless Photography will attempt to arrange for a

Substitute photographer of high qualification, per the couple approval of said

Photographer. The couple and Timeless Photography both assume the risks

And dangers of the photographer’s travel and if the extremely unlikely event

That a last-minute Act of Nature or travel disaster occurs while Timeless

Photography is en route to the event the Photographer will refund the couple

All monies paid, less the retainer. "

 

No where in there does it state a specific photographer. It states the company. I would ask the company for a list of people they have in mind to shoot your wedding and also a portfolio. It does state that the couple gets to approve the substitute.

 

On the other hand, what I bolded does stand out signficantly, but then again they can come back and state that a specific photographer was not named, just the company was.