Need advice about unhappy wedding client

[ShutterSpire]

Hello all.

I am in need of advice and not really sure where to turn.

I had a client's wedding in October. Just two weeks ago, I received an email from the client telling me how unhappy she was about the professionalism (to be explained in a min) at her wedding. She now decided that she no longer wants her trash-the-dress session or the album that came in her special package. Additionally, she wants the RETAIL amount of the album returned to her (even though the album came 'free' in the package deal) and for me to cancel her remaining $200 payment (we agreed that she would pay me the final $200 upon delivery of the album).

The professionalism she is upset about was 1) That I used off camera flash for the group shots.... she incorrectly assumed that my camera wasn't 'good enough' to get the shots without additional lighting. 2) Her sister stepped up to rearrange a few of the group shots before we finalized them.... she said her sister was doing my job. 3) She said I didn't get images of some of the people she was hoping to get images of, even though she didn't tell me who specifically. She said that I am a professional and so I should have known who to get????

I counter-offered to just cancel the $200 payment and refund her the album UPGRADE she purchased the week before. (Who spends MORE money on an album that they decide that they dont want five months after the wedding that she was unhappy about is over...??) She said she would discuss it with her fiance and get back with me. That has been a week.

I contacted my PPA indemification trust and they are not able to help since money is involved.

What should I do?? Please help. I have never had this kind of issue before. Do I need to contact a lawyer?

[Flea77]

What does your contract say?

Allan

[Nikonfan]

That's a tough one. I try to do everything I can "within reason" to please a client.. or keep a client. I haven't had an upset customer "yet" but I'm sure it will happen eventually. It sounds like you have already lost this customer for future business. So you could just resort to your contract and go by those terms. However, you may want to keep her as happy as you can just to keep her from trashing your name to her friends. I'm sure she will enhance the story to make you sound worse than you are if you just tell her where she can shove it.

[ShutterSpire]

Originally Posted by Flea77

What does your contract say?

Allan

My contract has several lines that (I believe) protect me. I used the contracts on PPA, and added in some additional wording.

Here are the several lines of the contract that I feel protect me from being obligated to refund her the retail value of a 'free' album.

7. Upon signature, ShutterSpire shall reserve the time and date agreed upon, and will not make other reservations for the time and date. For this reason, unless ShutterSpire is able to fully replace the cancelled reservation, all monies paid are non-refundable, even if the date of the wedding is changed or the wedding is cancelled for any reason.

8. If the wedding date is changed or cancelled within (3) three months of the original date, half of the contract amount is due, regardless if services were performed. If the date is changed or cancelled within (30) thirty days of the original date, the full amount of the contract is due, regardless if services have been performed or forfeited.

9. Full payment is due no later than (30) thirty days prior to the wedding. A late fee will apply in the amount of $10 per day to a maximum of $100. At which time, other measures may be taken to collect funds.

10. If payment in full has not been received by the date on the contract, ShutterSpire will fuorfeit services and the entire amount of contract will be due immediately.

(I know the wedding wasn't cancelled, but she is attempting to amend the contract after services have been rendered....)

And the one I am SURE will protect me...

14. Ordering of final product will commence within (2) two months from the date of the event. If final order is not placed before then, Client forfeits the rest of the order. All images will be stored for a maximum of three (3) months after the event is completed

(It has been five months!!! She got her album proof back and didn't like it... that is what started this whole mess....)

[ShutterSpire]

Originally Posted by Nikonfan

That's a tough one. I try to do everything I can "within reason" to please a client.. or keep a client. I haven't had an upset customer "yet" but I'm sure it will happen eventually. It sounds like you have already lost this customer for future business. So you could just resort to your contract and go by those terms. However, you may want to keep her as happy as you can just to keep her from trashing your name to her friends. I'm sure she will enhance the story to make you sound worse than you are if you just tell her where she can shove it.

I have tried very hard to be reasonable. I sent out an email with very detailed explainations in a professional manner regarding all of the issues she discussed with me. I also offered to refund her the album upgrade (but not the album itself) and cancel the final $200 payment since she wished to not continue with a trash the dress session. I also told her that she is able to order her free album through December 31, 2011 AND I would be happy to provide her a free portrait session out of good will, not contractual obligation.

Her and I had a great relationship leading up to 2 weeks ago too. She even gave us a glowing review on WeddingWire.com. I dont understand the change of heart now.

[camera shy]

Originally Posted by ShutterSpire

I have tried very hard to be reasonable. I sent out an email with very detailed explainations in a professional manner regarding all of the issues she discussed with me. I also offered to refund her the album upgrade (but not the album itself) and cancel the final $200 payment since she wished to not continue with a trash the dress session. I also told her that she is able to order her free album through December 31, 2011 AND I would be happy to provide her a free portrait session out of good will, not contractual obligation.

Her and I had a great relationship leading up to 2 weeks ago too. She even gave us a glowing review on WeddingWire.com. I dont understand the change of heart now.

She's likely run into a financial snag. She needs to trash you in order to justify not being able to pay you. Not consciously of course, but it's human nature.
Outline your offer in a written letter. Send it to her in certified mail. The ball is in her court.

[ShutterSpire]

Originally Posted by camera shy

She's likely run into a financial snag. She needs to trash you in order to justify not being able to pay you. Not consciously of course, but it's human nature.
Outline your offer in a written letter. Send it to her in certified mail. The ball is in her court.

I was thinking that same thing. Thank you very much!

[TXAvi8tor]

Originally Posted by camera shy

She's likely run into a financial snag. She needs to trash you in order to justify not being able to pay you. Not consciously of course, but it's human nature.
Outline your offer in a written letter. Send it to her in certified mail. The ball is in her court.

This. She's fishing for justification to bail and get some money back. Be fair, firm and friendly. Put your as-described very reasonable offer in writing and send it certified. If there's any further communication be polite, and hold your ground.

[Flea77]

I agree with the above. The reason I asked what your contract said was because I have found that when dealing with seemingly unreasonable people (fortunately not in my photography business, yet) it helps if you start out with "here is what the contract you signed says" and then back off some with some offers like you already made. This makes it clear to them (and a judge if it gets that far) that they are in the wrong, and you are going above and beyond what you are required to do to make them happy.

Good luck!

Allan

[SCone]

And speak with your attorney BEFORE doing anything........

[BenE]

Originally Posted by ShutterSpire

Hello all.
=======================

I contacted my PPA indemification trust and they are not able to help since money is involved.
===========

What situation does not involve money when it comes to a dispute?


I would suggest reading your trust policy to make sure what it covers, and calling PP A again and talking to Stephen Morris (see bold excerpt below).

(quotes from PP A website)

The purpose of the Trust is to defend you when allegations of negligence arise from an assignment. This covers situations such as:
Client dissatisfaction with services rendered during an assignment or as contracted.
.......................................

However, this seems to be the loophole in case they do not want to become involved................

Situations that are not considered negligence are not covered under the Trust. This can include, but is not limited to:
1)Fee disputes, including disputes regarding return of retainers
2)Guarantees of quality or refunds made by the photographer
.....................................

I have heard of situations very similar where the trust paid or at least assisted with working it out with the customer.

Example: A photographer refused to reprint an order for a customer who complained about the logo on the portraits;

Excerpt from what the photographer stated in an article praising the PP a trust:

So, I had a choice to make, reprint everything without our name on it or pay the plaintiff a full refund, including the full cost of the bogus gift certificate and her stylist’s charges.

I chose to pay the money because there was no
way I was going to print portraits without our logo/copyright.
I wrote the check and walked out of the courthouse so defeated. I could
not understand how I even ended up defending what I felt was so right.
I emailed the Indemnification Trust attorney’s office through PP A and
Mr. Morris immediately responded with shock and disappointment.
His support and follow up was really important and it did make me
feel better. I felt even better when he told me that through my PP A
membership and the Indemnification Trust I would be reimbursed for
what it cost me minus my deductible.

[suerenee]

Originally Posted by TXAvi8tor

This. She's fishing for justification to bail and get some money back. Be fair, firm and friendly. Put your as-described very reasonable offer in writing and send it certified. If there's any further communication be polite, and hold your ground.

I totally agree. If she tries to sue she'll have to prove her damages--which she has none and you're even reasonable to cancel the part of the contract that she's actually in breech of. Stand your ground, be pleasant and I would include a highlighted copy of your contract that states you have fulfilled your part of the agreement.

Good luck!

[stacyreeves]

I think you've received some good advice here, although there has been a lot of heated discussion over what, for now, seems like a simple issue.. If the bride has not mentioned lawsuits, then I think it may be a bit premature to start contacting lawyers and sending certified letters. If you do so, you run the risk of really alienating her and making this thing spiral out of control.

You made a very fair and generous counter-offer to her. You've got (almost) all the money and the contract is on your side. Wait it out, see what she says. If she gave you a really great review a couple of months ago, chances are that there is something else going on behind the scenes and she is just taking it out on you. Just be kind and polite with her as much as possible, and you may still end up with a happy client after all.

[MicWayWal]

Originally Posted by stacyreeves

I think you've received some good advice here, although there has been a lot of heated discussion over what, for now, seems like a simple issue.. If the bride has not mentioned lawsuits, then I think it may be a bit premature to start contacting lawyers and sending certified letters. If you do so, you run the risk of really alienating her and making this thing spiral out of control.

You made a very fair and generous counter-offer to her. You've got (almost) all the money and the contract is on your side. Wait it out, see what she says. If she gave you a really great review a couple of months ago, chances are that there is something else going on behind the scenes and she is just taking it out on you. Just be kind and polite with her as much as possible, and you may still end up with a happy client after all.

I agree with Stacy. I would try to find out what is wrong. Call her and just talk. Get her to open up. Find out why things have changed. Don't send emails. They can seem cold and distant.
Don't get lawyers involved until EVERY possible scenario has been pursued. You can talk to one for your own peace of mind but don't get them involved until you have to.

[TXAvi8tor]

Unfortunately this is a case of CYA. This customer is interacting with you unrealistically. You need a written, traceable record of your communication rather than 'he said, she said,' in case it _does_ come to legal action. Hence my agreement with reiterating your proposed resolution in a certified letter.

You're not contemplating legal action - and likely, neither is she. However, one must deal with what _could_ happen, not what might happen - therefore you have to cover your butt. Is she gonna pursue legal action? Probably not - sounds like she has enough going on without doing so - but she COULD. What she's requesting isn't rational or reasonable. You can't depend on her to behave sensibly.

Sending her your written settlement offer certified doesn't mean you have to go all legal on her. Remain polite and professional (canceling the trash-the-dress shoot and offering a future free portrait session is very accommodating and reasonable imo) but CYA. If it were to come down to legal action, such offers, combined with a reasonable demeanor and your signed contract, should go far in convincing a judge / jury that she has no case.