Remove my photo from website....

[Cajungaltx]

Okay... you guys remember the 'fat' girl session I came and vented about? Mom & Dad said that she was fat... she wasn't... she was gorgeous.

Here it is:


Well - they ordered prints - not alot - 1 11x14, 2 8x10's, 2 5x7's and 8 wallets. I delivered them, mom was happy. 3 weeks later, I get an email, that dad didnt' like the photos cause they were 'out of focus'...and they wanted a refund.

I did what a good customer service oriented person would do - I refunded them their money, and picked up the prints from her.

So, today, I get an email that says that they 'couldn't help but notice that I posted the picture of <insert daughter name> on the website that they were not particularly fond of (they ordered a print of the image, they were so 'not fond' of it btw) and they are asking me to remove it. The email goes on to say: You have returned 'some' of my money, and their is no reason for you to use her pictures....

blah blah blah

Okay - at this point - I'm just annoyed at the lady.

She was annoying the ENTIRE session... she was annoying the ENTIRE proofing session... her husband was a a$$...and I just want to take their daughter and hug her and tell her she's pretty, and they are idiots, and to ignore them.

So - here are the things I'm considering:

A.) she has no more kids (just the one) - so I'm not cheating myself out of future sessions by telling her to pound sand,.
B.) the subject of the session is now over 18 - can I ask her to give me a release to use the photo?
C.) it's a good dang photo darn it... darn it... darn it...

Tell me I've gotta take it down... cause I"m sure that's what I've gotta do... I just want some sympathy and for someone to listen to me bitch about it... lol...

[CallMeAl]

I know the answer I'd like to give, but I'm not sure it's the right one. But I have to say...I love this photo!!!

I guess one option would always be to remove the picture to satisify mom seeing as she was under 18 at the time of the shoot. Then work a deal with the girl, as she's now 18, to be one of your showcase models and shoot some new photos of her. Maybe even replecating this photo if she liked it too. Get a model release and never deal with mom again! I think that would be such a boost to her morale and give you some great shots. Just make it a condition that mom and dad can't come on the shoot.

[carrbowl]

Donna, we know it isn't out of focus, and we know the girl is beautiful. so what is the real issue??? I wonder if they really have an issue with the angle of the photo...showing things I wouldn't want to be shown of my daughter. yes some of us are a little, I mean alot conservative and don't show those...and maybe they just are afraid to ask ??? just trying to see why they would have an issue????

[jgrindal]

Originally Posted by CallMeAl

...work a deal with the girl, as she's now 18, to be one of your showcase models and shoot some new photos of her...

This is a great idea.
Do the shoot with the girl and then send the parents a 'courtesy' 8x10 with a little note that says 'You're daughter is incredible and a joy to work with. You should count yourself lucky to have such a wonderful child.'

[toverman]

Did you have a clause in your contract that allows you to use the images for promotion? I'm asking because I don't know, but does a refund nullify the contract? Did you charge a separate session fee covered by the contract, and not refund that portion? Sorry comment by leaving more questions.

I remember this image, and thought it was stunning back then. This girl has a bright future ahead of her if she moves far, far away from her parents.

[ChristopherCoy]

What a bunch of idiots! "Its out of focus..." He must be from Vermilion Parish... LOL

I'd leave it where it is. From a legality standpoint, there really isn't much they can do can they?

[porschelvr]

Did you get a model release before you used the image?

If not, bad girl. That is a big no no and can get you in more trouble than it is worth.

The image is pretty but I would have to agree with Renae, a little too much boudior look to it for a teenager. Just a parents opinion. The girl is definitely pretty.

As of right now though, no Model Release, you need to yank that down and yank it down fast!

[jgrindal]

Originally Posted by toverman

Did you have a clause in your contract that allows you to use the images for promotion? I'm asking because I don't know, but does a refund nullify the contract? Did you charge a separate session fee covered by the contract, and not refund that portion? Sorry comment by leaving more questions.

I remember this image, and thought it was stunning back then. This girl has a bright future ahead of her if she moves far, far away from her parents.

A refund is basically considered a modification to a contract removing the goods and dollars exchange. A refund, however, DOES NOT NULLIFY ANY OTHER RIGHTS OR PRIVLIDGES AGREED UPON IN THE CONTRACT. I learned this lesson the extremely hard way from the State of New York...

[HotHolly]

It sounds like you hit crazy town head on.

If you have a model release, then you have the right to use the image no matter what. Personally, if I stumble onto a client who pisses me off, I remove the image b/c I cant talk about it with other clients without sounding 'off.' Ya know, my voice picks up tones that arent reminiscent of rainbows and lollipops.

btw - I dont think good CS always constitutes a refund. I think this kind of thing should be addressed before you shoot. With us - if you dont like the images from the session, they are under no obligation to buy anything else - but there are no refunds. No refunds on prints either. That all cost us time and money and unless the product is defective, it can't be un-made, so no refund for any reason.

I had someone pull this 9 months after they took their prints. It was a controlling spouse that was causing the issues. You may have some overlap. They sound like control freaks.

If you have no release, take it down. Be careful about getting in the middle of that.

[andyz]

Do you know the images weren't scanned and saved in e-form before they asked for a refund? That doesn't give them a good print, but it gives them something to send to relatives.

If I had a daughter that wouldn't be an angle I'd want shot. But I'd have said that in the beginning or when I saw the proof. The daughter may want it, but I wouldn't.

Still, I'm in Holly's camp on refunds - and I am a consumer.

[Angelo]

Let it go Donna. Erase them from your mind and go on with life.
If you try and interfere between parents and daughter you may
find yourself involved in something you don't want.

I think the pose is what's bothering the parents.
My 2 cents FWIW.

[mwebb]

I agree completely with Holly...

I also think the photo is gorgeous...

People can be pretty off and crazy sometimes...

[Cajungaltx]

Thanks ya'll - I'll contact the young lady directly about doing a session for her, and I'll take the photo down immediately.

This was one of my first 'paying' clients - and I didn't have her sign a contract unfortunately. Everything was done via email - explaining how it worked - etc.

[d2creative]

Originally Posted by Angelo

I think the pose is what's bothering the parents.
My 2 cents FWIW.

I was about to say the same. Out of focus, but butt! They just don't like the boob shot.

I remember this photo, I love it. And not because her boobs look good. Well they do. You know what I mean.

[HotHolly]

Originally Posted by Cajungaltx

Thanks ya'll - I'll contact the young lady directly about doing a session for her, and I'll take the photo down immediately.

This was one of my first 'paying' clients - and I didn't have her sign a contract unfortunately. Everything was done via email - explaining how it worked - etc.

Use a model release on everyone - even if you think you'll never use it. You cant even enter it in a print competition without the release. Our model release is embedded in our contract. If they hire us, they sign it. Exception for boudoir - if they want out of the website and ad pieces they can opt to pay for a privacy package.

I know some new photogs think contracts are lame or scary, but they really protect BOTH sides. You are a service provider. What you are providing should be spelled out b/c things are so different from studio to studio. Address copyright, location, liability, releases, refunds, pricing, proofing, etc in your contract.

We also have our overall procedure online for both boudoir and the reg site. It didnt belong in the contract but they needed to know what we do and why we do it that way. And having it in written format leaves less room for confusion.