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What to do when a vendor passes

[Deleted User][Deleted User] member
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in Wedding 911
Hey all! I'm the matron of honor for my sister's June 2016 wedding and she just texted me in a panic informing me that her photographer passed away. My sister has already invested $2000 into photography and will not be getting any money back due to a clause in contract waiving the photographer of responsibility due to illness or an act of God. I feel so sad for this tragedy but I'm super stressed for my sister, who doesn't have the money to fund another photographer. Time is running out to find a new one, too! What should we do?!
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Re: What to do when a vendor passes

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    JaxInBlueJaxInBlue member
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    I'd imagine this is an unusual and sensitive situation to be in.  One thing your sister might do is see if the photographer had a second shooter (s)he worked with regularly.  That person might be the most similar in terms of style and quality, and may be sympathetic to the situation, willing to work with your sister to craft a package of services that fits her new budget.

    With a limited budget, your sister might want to consider reaching out to any photography programs in her area.  A starting-out photographer might be willing to work with her to get a good package at a reduced rate if your sister is willing to let the photographer use the photos taken to build his/her business. 

    Another option might be to reduce the number of hours she hires a new photographer for.  Maybe hire someone just to take ceremony and posed pictures, but no reception shots or "getting ready" stuff.  Four-ish years out, I can honestly say that there are only two or three posed pictures that DH and I still display; the book of all the shots is lovely, but there are about three photos that really symbolize the day for me.

    Good luck!
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    [Deleted User][Deleted User] member
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    I may just be unfamiliar with photography contracts, but wouldn't that "illness or act of God" clause be pertaining to the client, not the vendor?  This seems like a very dishonest business practice.  It is not as if the photographer will lose money because the wedding is cancelled due to the client being sick and the photographer cannot replace the time slot reserved.  These clauses usually protect the photographer from a total loss due to cancellation (like doctor offices now do). 

    The photographer passed away, and therefore cannot render the services.  Why would she not get her money back?  Just honestly curious as this makes no sense.

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    lembasloverlembaslover member
    First Anniversary 5 Love Its First Comment First Answer
    I would double check the contract again. I know we had a clause in ours that said if there was an act of god or illness the photographer would try to find a replacement and in the event that he couldn't he would not be responsible for missing the wedding however we would get our money back. It might have been minus our first deposit or something I can't remember the exact wording but basically it was to protect us from suing him for not having any pictures of our wedding not to keep our money.

    If the clause is worded so they don't get their money back I feel like that is really shady. PP have good ideas on how to find cheaper photographers or how to save money by cutting the time. Good luck!


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    VicTim328VicTim328 member
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    I second contacting the second shooter (there most likely is one).  That person would have the most information.   Your sister is most likely not the only client that is enduring this.  Could she call the studio, if there is one?  If the photographer had business insurance, is it possible it could cover this?

    So sorry to hear about this.  Keep us posted!
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    MairePoppyMairePoppy mod
    First Anniversary First Answer First Comment 5 Love Its
    I think your sister must be misunderstanding the intent of that clause. She should contact the photographer's business number and request a refund and referral to another photographer. I don't believe the business can just keep $2000, if no work was done. If she doesn't know who to contact, call your state's consumer protection department for advice. 

                       
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    sparklepants41sparklepants41 member
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    MairePoppy said:
    I think your sister must be misunderstanding the intent of that clause. She should contact the photographer's business number and request a refund and referral to another photographer. I don't believe the business can just keep $2000, if no work was done. If she doesn't know who to contact, call your state's consumer protection department for advice. 

    I second @MairePoppy. Also, I am not a lawyer, but I thought death can nullify a contract? 
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    photokittyphotokitty mod
    First Anniversary First Comment First Answer 5 Love Its
    Sorry to be the barer of bad news, but I'm guessing your read that clause correctly. I always advise against signing a contract that doesn't specifically state that the photog will provide a replacement photog if they can't fulfill their contract. This sounds like the standard clause for people who don't offer this important safe guard.

    Since she signed the contract she probably is out of luck. If the photog was not the sole business owner, I would contact them polietly and ask if they can offer a replacement. If they were the sole business owner and the package did not include a second shooter, then I would look for a new photog. She could talk to a lawyer about trying to recoup the deposit from the estate, but if would probably be difficult if it was a small business.

    Sorry. I'd start looking for someone new, cut the budget anywhere she can - favors, flowers, anything that isn't already paid for, doesn't have a contract requiring her to fulfill and doesn't affect the comfort of her guests.
    :kiss: ~xoxo~ :kiss:

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    [Deleted User][Deleted User] member
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    I read the clause myself and it seems to definitely waive the photographer of financial responsibility. I'm almost wondering if this was like a "Breaking Bad" type situation where she knew she was dying and wanted to leave money for her family (I know, that's horrible and dark for me to think... but you never know. My sister had no idea this lady was dying... don't you think that's something you'd reveal to your clients before booking? Like "hey, I have cancer and it's bad. There's a chance I won't be able to complete this assignment." My sister sent a payment one week before she passed... seems very shady to me.) The photog was a freelancer working with nobody else. My sister has found and booked a new photographer, but I'm just really wondering what's going to happen to the money... so shady.
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    [Deleted User][Deleted User] member
    5 Love Its First Comment Name Dropper First Anniversary
    Would small claims or some other court be able to assist with this?  I still say this is a very inappropriate and dishonest business practice.  And I also do not think that your sister is the only one who got screwed out of money.  So the sooner you bring it up, the more likely you and other clients will be able to build a case against the estate. 
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    sparklepants41sparklepants41 member
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     Jazzykins87 said:
    Would small claims or some other court be able to assist with this?  I still say this is a very inappropriate and dishonest business practice.  And I also do not think that your sister is the only one who got screwed out of money.  So the sooner you bring it up, the more likely you and other clients will be able to build a case against the estate. 
    @avocuddle I would also add that perhaps the state Attorney General's office can help/provide advice. 
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    VicTim328VicTim328 member
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    Just out of curiosity, when was the check cashed?
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    [Deleted User][Deleted User] member
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    VicTim328 said:
    Just out of curiosity, when was the check cashed?

    Valid question. 
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