Wedding photographer taken to court - advice from pros on the forum?

[atnlegacy]

My cousin & his wife were married in February 2006 and chose this particular photographer because he was still shooting film. (I know....I didn't ask why but that was what sold them.) The week before their wedding, he purchased digital equipment. Somehow my cousin found out about the photographer going digital and emailed him & left him messages, both to the effect of please still shoot film at our wedding, this was the reason we chose you. The photographer never responded. Well....he shot their wedding day with his digital equipment and the results have not been so good. To make this long story short, in the last year, all my cousin & his wife have from this photographer is a DVD with approx. 1000+ shots, including many, many duplicates. The shots are all "far away" and the files seem not to have been post processed, and not of good quality. They lose resolution when they are enlarged. And to add insult to injury, the photographer told them to go to Wal-mart to print out their own photos.
They've tried to resolve this with the photographer without going to small claims court, but to no avail and now have a date set end of Feb. They just want to recoup the $4,000 which they paid for his services. As much as you don't like to see someone in the industry taken court, what advice/suggestions do you have for my cousin? I've already advised him to review his contract with the photographer very carefully.

Thanks in advance!

[PIC]

There is more to wedding photography than a Guy w Camera.

I have done weddings Nationwide for 30 years and althought there have been a few changes in the biz ... whats most important is COMMUNICATION of parties envolved.

As a wedding photog I only book serious open clients and use comprehensive contract
with detailed terms and conditions.
Payment is always 50% deposit to book date and 50% before pictures are delivered.
If 100 % at time of booking they get 10 % reduction in fees.
All work is non refundable.

But the key to satisfied clients is COMMUNICATION of ALL PARTIES and I deliver well on expectations.

As a post op suggestion to your cousin ...

Book a studio shoot with an experienced wedding bridal photographer and have a great album
or bound book produced after the fact. Most of my bridal shoots are before but some are after and even a few when the wedding photographer did less than expectations.
I have saved a few bad shoot weddings.
It the contact is not clear what the next course is then either chalk it up to your cousin's error or try the court thing but GET a Good Album of Bridal Groom with another photogorapher.
No matter what with the orig photographer - GET A LIFELONG MEMORY BOOK AS FIRST STEP !

[Erin Kathleen]

What does their contract say? Does it say what he was supposed to deliver - proofs, negatives, album, etc.? Does it say that he will shoot film or was it not specified?

[ndsimm]

Is there some text in the contract you can share? The main thing the judge will look at is the writing of the contract since that is what both parties agreed to. Make sure he has some type of documentation that he tried to contact the photographer (phone records, voicemail, etc). How did he find out about the digital camera purchase? Whoever told him may need to be caled in as a witness. Of course bring the album as visual proof of quality will be needed, but the main sticking point will be the contract...

[atnlegacy]

Originally Posted by PIC

There is more to wedding photography than a Guy w Camera.

I have done weddings Nationwide for 30 years and althought there have been a few changes in the biz ... whats most important is COMMUNICATION of parties envolved.

As a wedding photog I only book serious open clients and use comprehensive contract
with detailed terms and conditions.
Payment is always 50% deposit to book date and 50% before pictures are delivered.
If 100 % at time of booking they get 10 % reduction in fees.
All work is non refundable.

But the key to satisfied clients is COMMUNICATION of ALL PARTIES and I deliver well on expectations.

As a post op suggestion to your cousin ...

Book a studio shoot with an experienced wedding bridal photographer and have a great album
or bound book produced after the fact. Most of my bridal shoots are before but some are after and even a few when the wedding photographer did less than expectations.
I have saved a few bad shoot weddings.
It the contact is not clear what the next course is then either chalk it up to your cousin's error or try the court thing but GET a Good Album of Bridal Groom with another photogorapher.
No matter what with the orig photographer - GET A LIFELONG MEMORY BOOK AS FIRST STEP !

I will give them your suggestions about the studio shoot. They've communicated with this photographer -- the problem is that he is not responding or communicating with them. My cousin's wife has asked him repeatedly, since the wedding to provide a memory book/album, and all they got was the DVD.
They did everything that was expected of them prior to the wedding as far as monies, sitting down with the photographer and going over the shots/moments they wanted, etc. The photographer switched to digital when they asked for film, which was his selling point to them in the first place. What is their recourse at this point?

[atnlegacy]

Originally Posted by Erin Kathleen

What does their contract say? Does it say what he was supposed to deliver - proofs, negatives, album, etc.? Does it say that he will shoot film or was it not specified?

I'm not sure what the contract states, I did ask them to review it carefully for all the specifics of what he was supposed to deliver. But when they met this photographer @ a bridal show, the entire reason they chose him was because he still shot film and they liked his work.

[ndsimm]

in order to get a refund, they will probably have to return the DVD (which doesn't seem like a problem based on your description)
I don't think the judge will make him reshoot, but a refund may be very possible...
please keep us posted

[atnlegacy]

Originally Posted by ndsimm

Is there some text in the contract you can share? The main thing the judge will look at is the writing of the contract since that is what both parties agreed to. Make sure he has some type of documentation that he tried to contact the photographer (phone records, voicemail, etc). How did he find out about the digital camera purchase? Whoever told him may need to be caled in as a witness. Of course bring the album as visual proof of quality will be needed, but the main sticking point will be the contract...

I'm waiting on an email w/copy of contract and will share. And they have kept documentation of phone records, emails, etc....thank goodness for that!
I have no experience on this, but do wedding photographers usually just give the client a DVD almost a year later? What has your experience been? In general, what do wedding photographers offer -- I realize that it varies, but in general terms....time shooting, album/memory book, post processing?
I appreciate the feed back!

[PIC]

Originally Posted by atnlegacy

I will give them your suggestions about the studio shoot. They've communicated with this photographer -- the problem is that he is not responding or communicating with them. My cousin's wife has asked him repeatedly, since the wedding to provide a memory book/album, and all they got was the DVD.
They did everything that was expected of them prior to the wedding as far as monies, sitting down with the photographer and going over the shots/moments they wanted, etc. The photographer switched to digital when they asked for film, which was his selling point to them in the first place. What is their recourse at this point?

Save wedding First with booking studio w another photographer and do the memory book.
There are many who proclaim being a wedding photographer even tho they dont have the correct background or skills.
Only Lawyers win in court - In small claims w no lawyers - no one really wins in the end !!!
Sorry but the orig problem lies with you cousin hiring the wrong person - but many do.
The second problem is the photog not delivering expectations.
Film or digi is not an important issue but a side note.
Its up to judge view point on contract terms and how to compensate if any.
Measure twice cut once in cutting wood and hiring wedding photographers.
Any one with a pen is a writter - Any one with a Camera is a photographer ...
few are accomplished at their craft.

[atnlegacy]

Originally Posted by PIC

Save wedding First with booking studio w another photographer and do the memory book.
There are many who proclaim being a wedding photographer even tho they dont have the correct background or skills.
Only Lawyers win in court - In small claims w no lawyers - no one really wins in the end !!!
Sorry but the orig problem lies with you cousin hiring the wrong person - but many do.
The second problem is the photog not delivering expectations.
Film or digi is not an important issue but a side note.
Its up to judge view point on contract terms and how to compensate if any.
Measure twice cut once in cutting wood and hiring wedding photographers.
Any one with a pen is a writter - Any one with a Camera is a photographer ...
few are accomplished at their craft.

I definitely agree that they hired the WRONG person. Thank you for your feedback!

[Duffy Pratt]

If you have any evidence that he never intended to deliver on his contract, or made false statement going into the contract, then they could have an action under the Deceptive Trade Practices Act of for fraud. Under the DTPA, its possible to get triple damages and attorney fees.

Attorney fees are also available to a successful claimant in a breach of contract case in Texas. With the possibility of fees, they should at least consider talking to a lawyer. The initial consultation should not cost them anything.

Are there any witnesses to their negotiations other than the parties themselves? Is there any correspondance? What does the contract itself say? When did they pay the photographer?

The written contract is important, but its not the only thing that is important. Representations made outside of the contract may be important. There are other issues that might be important as well.

Duffy

[robert t]

4K for a DVD, he should be run out of town. Thats pitiful! Review the legal mumbo jumbo and take him to small claims court. If they can prove by preponderance of the evidence he was misleading or failed to meet the terms of the contract or in some cases just did a lousy job the judge could rule in their favor. After all what have they got to lose.

[HotHolly]

Everyone has said good points here. It comes down to the contract. If he specified he was shooting film, and if he stated they were getting negatives, a DVD or what, hes in breech.

One suggestion (in b/t lawyers and where they are now) is to send a legal letter certified mail. If the services they received do NOT match what they contracted for, and the photog is non-responsive, this is the middle step. Use Family Lawyer or some such program to pull the correct form and list what was not delivered. The point of the letter is to push him into talking to them BEFORE it goes to court. It also avoids legal fees - you'll have to pay $13 for overnight certified mail via USPS. Much cheaper than a lawyer. I've had to do that in the past. People are quick to talk if they know you will be seeking damages in the next letter.

The main thing is the contract. So they need to dig that up. If he gave them all that he stated he would, they are just at a loss. Eric summed things up well there. Just b/c someone has a camera, dont mean they are a photog.

My brothers wedding had a photog with a nice site, answered questions promptly, and nothing seemed amiss. After the wedding, he got his proofs and everyone was green. It was aweful. She'd been shooting for 8 years and that was a total newbie mistake.

This guy sounds like he made newbie mistakes. Switching to digital isn't easy (different beast) and trying it out at a wedding was reckless, in my humble opinion.

We shot my brothers wedding images after their honeymoon. All the photos of their wedding were actually taken by us, 2 weeks later.

In this case, it sounds like over a year has passed. Did I catch that right? If so, they are going to need to work with what they have. What format are the images in? RAW would be weird, but if he has them, it would help process them and get something usable.

It all goes back to the language in the contract. You can PM me if needed. The photog may have written things that were specific to film, but he may have covered his butt and didnt do that. So thats going to be what helps here. Good luck...

[CobyPhoto]

Wow, I would be flamin' by now! This guy evidently knows what he is doing, or wouldn't have been at the bridal show and wouldn't have had work to show and gather clients. It seems like he decided, at the wrong moment to make the transistion to digital and screwed the pooch. Not to mention that it was requested for him to shoot film.

Hopefully that is in the contract. If the contract reads he is to shoot film, then they are in the clear anad any judge will refund that contract in court.

Is he a member of PPA??? If he is, tell your cousin to contact PPA. They will deal with him and cause him some issues, too. Bottom line, he should at least attempt to make this right no matter what.

Good luck and I hope they get thier money back.

[tiffany]

Originally Posted by atnlegacy

My cousin & his wife were married in February 2006 and chose this particular photographer because he was still shooting film. (I know....I didn't ask why but that was what sold them.)

hey, there are some really good wedding photographers out there who still shoot film.
http://www.silverandlightphotography...allerywed.html here is one.

sorry, just had to point that out.