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10/11/2005 03:45:50 PM · #1 |
I shot a wedding a month ago, and none of the cake cutting shots came out. I'm assuming it's because the flash didn't fire strong enough for some reason (I'm sure the batteries were not recycling fast enough), and I just got off the phone with the bride, and she's pissed! I've done over 60 weddings, and haven't had a problem like this yet. I offered her an enlargement, and she's not sure if that is enough.
Now, here's a little background.
I have it in my contract that final payment is due 2 weeks before the date. I didn't get paid until 5 days after the wedding. (that right there is a breach of contract)
She had 220 guests, and I recommended 6-8 hours of time, she only wanted me there for 4 hours (I ended up staying for 4.5)
I estimated 150-160 fully edited prints, and actually delivered 206 prints. Also, I estimated 4-6 weeks for delivery, and delivered in 3 weeks.
Question is,
what do I do?
These people were very cheap (First fake flower wedding I've EVER seen!) And I'm afraid they will try to sue.
Any suggestions?
My contract says "In the event of an act of God or an equiptment failure the photographer shall be liable for the amount of the contract only."
Can this be seen as an equiptment failure? I don't really think so, I think it wasn't an equiptment failure, it was the batteries.
any advice?
THX
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10/11/2005 03:59:03 PM · #2 |
Batteries are "equipment", IMO. I suppose they could argue that not having backup batteries is a failure onm your part... But as far as I can see you didn't have knowledge of a problem until after the fact, so...
Robt.
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10/11/2005 04:04:56 PM · #3 |
You think they're gonna sue you for this? Oh my.. USA right? ;)
Anyway, I do think it's an equipment failure. If you have a solid contract I don't think they can harm you.
Did you tell them the batteries failed?
Message edited by author 2005-10-11 16:05:09. |
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10/11/2005 04:12:08 PM · #4 |
Originally posted by bear_music:
Batteries are "equipment", IMO. I suppose they could argue that not having backup batteries is a failure onm your part... But as far as I can see you didn't have knowledge of a problem until after the fact, so...
Robt. |
I did and do carry plenty of backup batteries, I just didn't change them right before the cake cutting.
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10/11/2005 04:43:20 PM · #5 |
Are absolutely NONE of the cake shots salvageable to any degree?
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10/11/2005 04:54:25 PM · #6 |
not of them cutting it.
Only pre-cut cake shots.
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10/11/2005 05:27:26 PM · #7 |
After looking thru your portfolio I am sure she got plenty of beautiful shots and she shouldn't let this one thing take away from the rest of them. I hope she'll cool down and appreciate what she did get rather than what she didn't.
I enjoyed looking thru your wedding pictures. You have some very unique one.
Good luck Eric and keep us posted. |
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10/11/2005 05:35:52 PM · #8 |
Thanks all,
I've done some legal research and think I'm OK.
Basically, since she was in breach of contract, I technically didn't even have to show up. Obviously I wouldn't ever choose this route (it's my living I'm talking about) Also, since she never sent a list of shots she wanted (even though I requested it), I can't really be responsible for missing anything.
It just sucks, I've been very fortunate with the weddings i've done, and haven't had any issue to contend with, and I don't want her being upset. The last thing I need is some bride talking bad about me and my services. But I guess you can't always please everyone everytime.
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10/11/2005 05:36:14 PM · #9 |
For all the service you offered (free), quick delivery, extra half-hour, extra post-prod and so on... i don't think this will balance up in court for the simple reason that it was 'your' decision in the end. You said 4to6 weeks for delivery, you could've waited for the 6th week but choose on the 3rd.
I understand how this can be mean, but it is a reality (i too prefer to deliver quickly).
But of all the pictures the client has now, if she decides to sue, i hardly understand under what ground... and if she sues for the ammount of your service, it doesn't make sens, because you delivered 99,9% of your dues, so technically, she could only retain you of the 0.1% she didn't get in the end...
or i am making no sens?
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10/11/2005 05:36:28 PM · #10 |
Try and appease her with bonuses like the enlargement(s) you talked about. If she's still not happy simply bring up the clause in your contract and that you will return her entire amount, but will need all of your photos back as well.
I doubt she will pursue the matter if she thinks she won't get any photos from you.
Though, I'm no lawyer either. ;) |
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10/11/2005 05:39:20 PM · #11 |
<-------- Devil's Advocate
Our wedding photographer did a wonderful job at our wedding. The shots were spectacular, the candids were great, overall I was very impressed. There was one shot of me sitting with all the bridesmaids and getting kisses (on the cheek) from two of them. I thought it was a potentially great shot to go with the one of my wife sitting with all the groomsmen. It's the only shot that we didn't get back (for whatever reason). I WAS PISSED!!!! I also realize the difficulty of getting good shots, post-processing difficulties, and any number of things that can come up along the way. I was very mad, but didn't say anything to the photographer. I joked with my wife about suing, but never had any intentions of doing so.
**Word of caution**
I (the groom) was very mad about these "once in a lifetime" photos. I can't imagine how mad the bride is. If you think she is the type to go after you over something like this, I would prepare for the worst. Don't give her any ammunition. I certainly wouldn't tell her it could've been a battery issue. This is speculation on your part and would just go to further enrage the bride. Personally I think you have done all you can do and I'm sure you did a fantastic job with the images you did capture. Just BE CAREFUL in your interaction with the bride. Hell hath no fury.....
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10/11/2005 05:46:43 PM · #12 |
I'd agree with Palmetto, once in a lifetime shots are why I've been avoiding weddings like the plague. Unless that shot was in your contract, they're likely not going to get any lawsuit to stick. I'm assuming they weren't in the contract, as if they would have been, you would have focused a bit more on those shots, and we wouldn't be having this discussion.
On top of the enlargements. I'd offer her a discount on your fees, NOT on the prints, I'd say 10-15%. That gives her the impression that you know that you made an error (reguardless if you could prevent it or not), and it makes you look like a decent guy to a third party, should one call you on it if she does report you to like the BBB or whatever.
Good Luck!
Message edited by author 2005-10-11 17:47:56. |
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10/11/2005 06:47:55 PM · #13 |
Originally posted by lhall:
Are absolutely NONE of the cake shots salvageable to any degree? |
Originally posted by ericlimon:
not of them cutting it. Only pre-cut cake shots. |
I would not be above trying to splice some things together in Photoshop and "re-creating" the event. I have done things like this and nobody was ever the wiser. |
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10/11/2005 06:51:03 PM · #14 |
Originally posted by Palmetto_Pixels:
...There was one shot of me sitting with all the bridesmaids and getting kisses (on the cheek) from two of them. |
I would just get the girls together again and have the photog do like an all day reshoot of just that scene.
Originally posted by Palmetto_Pixels:
...Hell hath no fury..... |
Then again...
:) |
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10/11/2005 07:12:45 PM · #15 |
Give em this! *giggles*
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10/11/2005 07:17:27 PM · #16 |
Originally posted by kpriest:
Originally posted by Palmetto_Pixels:
...Hell hath no fury..... |
Then again...
:) |
LOL
Exactly why I can't get the shot redone!
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10/11/2005 07:31:23 PM · #17 |
Practice "active listening" with them. Let them know that you understand exactly how it feels to miss one of the shots that they wanted since you have had the same thing happen to you before, whether or not you have. Tell them that there's nothing you can do about that one shot out of the many beautiful photos that you did end up with and offer them a free follow-up studio session with you -- all they have to pay for is any prints they order. The free enlargement you offered is good as well, but the additional session will actually let you generate more income. Good luck, Eric!
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