Pixtus - Photography Forum, Photographers, Photo Tips

seamonkey03 · **What action should I take? -** 01-11-2011, 09:30 PM

Alright, I'll try to be short with this, but sorry if I fail. I was contracted out by a company that handles house rentals for the Super Bowl in Arlington. My job was to photograph the homes and email the photos in. The company's account manager is now late on at least 1 invoice, and pushing it on another. The photos I've submitted to them have been posted on their internet, but not paid for. So, I guess my question is what do I do now? I've been lucky enough to not have any clients not pay me for my work, so this is all kind of new to me. Should I ask them to take my photos off their web site? File a civil law suit? They've racked up over $3k in invoices (in two weeks, I haven't been doing this for a month w/o payment or anything). Any advice on this one would be greatly appreciated! Thanks!

*Don't know if this would matter or not, but nothing was ever signed giving them publication rights to the photos. Not sure if that would fall under implied consent or something. I'm not completely familiar with all the laws that apply to photographers.

S-Man · 01-11-2011, 10:30 PM

Yikes. Subscribing out of interest.

TxTowman · 01-11-2011, 11:06 PM

UH-OH, Here comes another one!

Implied consent? I doubt it.

I shoot, You pay.

Real estate companies are way way down on my list of potential clients.

Sid

TxTowman · 01-11-2011, 11:08 PM

I think I would require a retainer from them in the future.

Or at least a promise to pay in writing.

JMHO

Sid

SCone · 01-11-2011, 11:26 PM

File a lien on the properties... same as a plumber or electrician

park · 01-12-2011, 07:57 AM

What were the terms of payment in your contract? Are they violating the agreement?

seamonkey03 · 01-12-2011, 08:31 AM

I feel about as big as my kid's hamster admitting this, but I took the job without a contract on either end. It was a verbal agreement that each house photographed would be charged a certain amount. The first invoice was paid without problem so it's not like they could say that they thought it was another amount or anything. When I contacted the guy who hired me about the invoice that's overdue, all he had to say was that he's had complaints and can only keep me on if I work for less. Shady much?

Oh, and I really only took the job for some extra cash. I do mainly sports photography and just don't like going outside in the winter that much. LOL.

Tom · 01-12-2011, 08:54 AM

Were communications through email? Do you have record of it?

File a lawsuit in small claims court.

movingex · 01-12-2011, 08:57 AM

Sounds like you are at their mercy. No contract or written agreement, live and learn, like we all do. :(

shootme · 01-12-2011, 09:05 AM

The moment you cut ties with them, you will most likely never see anything. Just let them know that you'd be happy to continue working with them at the discounted rate, but you are unable to go on any further assignments until they have paid you for the work already performed. Once you receive payment, then kiss them goodbye.

Tom · 01-12-2011, 09:15 AM

Also, take screen captures of everywhere they have used your pictures. Having a payment from them helps you a lot, because it shows that they agreed to pay.

L Stegall · 01-12-2011, 09:37 AM

You do want to have screen captures of them using your images, as that is going to be important evidence for you. Same with having copies of any checks or invoice summaries they gave you, as well as your invoices to them. Obviously, lesson learned, but a written contract is really important. Nonetheless, you did perform services based on your oral agreement. Are there any emails or anything that could support the agreement? Are they in Dallas or Ft. Worth? I would really suggest you contact an attorney who handles business disputes and discuss with them. I could suggest some names if you want.

When they say there have been complaints - did he give you any more info than that? It sounds like they are trying to set up a complaint about the work you turned in, so you will want to be prepared to address that.

Good luck. Sounds like they have cash flow issues and/or are just operating in a sleazy manner and trying to get out of paying for work they had done. I guess I'm glad I didn't actually try to rent my house out for SuperBowl week. Lots of claims of big money floating around, but I expect big events like this bring out some real scammers too.

Linda Bingham · 01-12-2011, 09:41 AM

Did they send you an email for the jobs to perform?
How did they communicate the properties to photograph?
Did the check have a stub? I would put the stub and the photos that was with that invoice together. And do the same for the unpaid and like Thomas said take a picture of the screen everywhere they posted any of your photos that give proof you did your end and they didn't do theres. I am no lawyer but it sounds like when they paid you for one set and not the last two helps in your favor.

I agree with the above post keep them on until you get your payment and conveniently not be available for any more assignments.

Good Luck