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C
Newbie May 2019 Ontario

Upset about my photos and photographer - advice on how to deal?

Clara, on June 19, 2019 at 04:36 Posted in Just married 0 10

tl;dr - contract with agreed photo range amount for client price. Got about half that amount, told by photographer months later, after receiving our full payment and tip, that for some reason there's not enough content from the day to provide the number, can meet to look and see what's left but there isn't much that wasn't used. Now I am missing a good chunk of my wedding photos.


Full details below:

Hey everyone, for privacy my date of wedding and name are hidden. We have been married for a while now. We had a contract with our photographer, stating a guaranteed range of photos. Now we are missing near half the photos promised, and it doesn't look like we will get them. I have been dealing with some serious things that unfortunately have delayed my reply to the photographer for a bit, and so I am hoping for some advice on how to approach this to hopefully get a decent resolution for me and my family.

When we spoke on the phone prior to hiring, I told the photog the amount of photos didn't seem like much but was assured that they would be quality, edited, photos compared to other types of photos I might be used to taking of family. Still, they said no problem we will aim for the higher range of the contract.


It all seemed fine. The locations were listed in the contract, the photo range was listed, and we provided a full meal to the photog as our own courtesy. At the wedding we thought photog was kind when they offered to send a short bonus footage clip, unedited, of random parts of the wedding. So we thought wow, photog's going to do the edited and do this too, that's so professional. They said sure it's no extra work on their part since they will have to look through footage regardless for the highlight clip (part of our package). After the wedding, we paid the remaining portion of our contract and gave a tip in anticipation of getting our package done quickly and with a little extra. [ Edit: we anticipated them quickly because we were told it would take about 1-1.5 weeks to get it all, and that impressed us]


The photos were to be ready in a week or week and a half, in their words. A week later, we were sent the video footage. But, no photos. I did ask if we could look through the unedited photos in case there something that pops out to us that may not to them. The photog said they were out of town but can look into options upon their return. At some point an edited picture of us were posted to their social media.

A month and a half later, I hadn't heard back so I asked how the edited photos were coming along and when we could look through the unedited. This is when things kind of went iffy but still made some sense.

The photog called and said the first album was done and was supposed to have been sent, they thought it was sent, and apologized. The link was then emailed to me and my husband. Ok, mistakes can happen and they did look brightened, etc.

A few days later once all the photos were downloaded, we realized we only received about half of our agreement. Since the photog had mentioned a "first album", I naturally assumed a 2nd one is being worked on and said I would like to see it first before we discuss looking at the unedited photos, or if it is not prepared then I'd be happy to look through and choose the photos for the 2nd album.

This is where it all went south and significantly upset me. And I was not able to deal with it then but I'd like to approach this professionally now.

The photog said a few things that aren't correct - saying "if you remember" the photos were cut short as we couldn't go to another location and had to "do something quick" elsewhere in the venue. But we never had another location, in our plan, or contract or verbal. It was always going to be a location in the venue or outdoors during our pre-planned "sneak away time".

I don't know if the above is worth addressing, because this next part is more upsetting:

I was flat out told there wasn't enough content from that day to provide the agreed number of photos, that we can meet and be shown what's left but that not much wasn't used. At first I was pissed thinking well how would you feel if your client said "hey I don't have enough money to pay you the rest of what was agreed in our contract", but I held off responding at all as my emotions have been a wreck due to other things, with this added on top. Now I feel like even if we get some leftover scrap photos or if the photog is professional enough to refund the missing photos, I am still short a huge amount of photos from the most important day of my life.

Any advice, please? Thank you in advance!

10 Comments

Latest activity by Erin, on June 20, 2019 at 10:06
  • Erin
    Super May 2022 Ontario
    Erin ·
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    Oh my I can understand how beyond disappointed you are. I would meet with them and see what is left. I would point blank ask them if some of the photos were lost or deleted. I would tell them that in the interest of good business that it is right for them to refund you the difference of the missing photos or you would have to seek legal counsel. Perhaps you could negotiate a free photo session to be used at a later date. (if you trust them). Ask your guests to send you any and all photos they took of the wedding to help build up your collection of pics.

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  • Kelsie
    Master July 2021 Ontario
    Kelsie ·
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    I totally agree with your plan of action! Litigation is time consuming and although small claims court isn’t as costly as regular civil court - still, no one wants to spend their hard earned money trying to just right a wrong that should’ve been corrected right away.

    Please update us and let us know how it turns out!
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  • C
    Newbie May 2019 Ontario
    Clara ·
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    That is true, thank you Vinod. The pictures weren't dependent on location. And the contract even provides for communication if there are any issues, yet I didn't find out until 2 months later, after I reached out, that apparently there were not enough photos taken.


    I appreciate all the advice here and will let them know I am upset at not receiving the agreed upon amount. It's hard to figure out what to say and I needed this to help me figure it out. I don't want to come across as too confrontational or litigious because I do want to see what remedies can be provided - I doubt they will be able to provide enough photos to make up for the missing, but either a refund or an anniversary photo shoot might be okay if I can trust them to do that..

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  • C
    Newbie May 2019 Ontario
    Clara ·
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    Thank you, Amanda. Yes, it's time and stress and won't get the photos. I hope it doesn't have to get to the point of filing a claim but will do it if I need to. I don't need to spend the rest of my life looking back at these photos and feeling cheated.

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  • C
    Newbie May 2019 Ontario
    Clara ·
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    Thank you, Kelsie!


    Yes, it was stated in the contract that full payment was to be received the day of the wedding.


    I figured there would be a civil case, but I was hoping - as you recommended - to be able to reach out and find some kind of remedy so that I wouldn't have to do this. This photographer is not part of a company, but I think cares enough about the brand that they would not want a negative review.


    I hope it all works out, too. I know at the end of the day if there aren't enough photos, nothing can be done. I just found it absurd that there was mention of not being able to go to another location - to me, that A) doesn't matter, and B) wasn't in the contract or even discussed. So they were supposed to get the range at the locations specified in the contract, and looks like they didn't get enough. But at that point, my thinking was they should have told us immediately and refunded us the portion of missing photos. I just had to post here and figure out if there is any logic to their position because I couldn't find it.


    I will remind them that the expectation was to receive a minimum number of photos, I am upset we didn't, and ask how they plan to make the situation better. Edit: and I will be sure to state a timeframe! Thank you Smiley smile

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  • C
    Newbie May 2019 Ontario
    Clara ·
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    The range of photos and locations were all in the contract. The only thing that wasn't in the contract was saying they'd aim for the higher of the range. But the problem is that they didn't even provide me the minimum of the range!! It would be like saying "Ok we'll provide 100-150 photos, and aim to provide closer to 150", putting 100-150 in the contract, and then still only getting 50!


    The part said about the "first album" was by phone because I had reached out in writing about the status of the photos and received a call with them being confused that I didn't receive anything. The part about "not enough content" was in writing, though.

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  • Amanda
    Super June 2019 Ontario
    Amanda ·
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    It sounds like you definitely have a civil lawsuit if they breached the contract. You could open a case and hopefully get some money back, but it's more of your time and stress and sadly, wont change the outcome of the lack of pictures.
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  • Seleena
    Super September 2019 British Columbia
    Seleena ·
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    Wow, that is absolutely terrible. I agree with the other ladies. That is a complete breach of contract and you should be able to sue them if you want to go down that road. Do you have all of this back and forth through email? Or was this phone conversation? I would start getting all your information, dates, timelines and money you spent in order for a case.
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  • Vinod
    Top August 2017 Ontario
    Vinod ·
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    Your agreement doesn't say what locations were to be taken at pictures wise. Professionally, its not right and they can be sued for what was not done or given to you fully at the end. The tip can also be given back provided all the evidence is printed and shown so that you can present a case to win.
    His part wasn't done to the fullest and paid for what was agreed on his part to complete towards you two. The quality of the pictures aren't to your satisfaction and that can lead to getting more of your money back.

    Take action soon and make sure they don't get away with this breech of contract. Its a sad case to hear such things happen to good people and here professionals take advantage of us in this manner.

    I hope you this helps and the company can get a really bad review on yelp so that others like us can see this company is not worth their value and time.

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  • Kelsie
    Master July 2021 Ontario
    Kelsie ·
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    Hi there! I am so sorry you are in this situation.

    It seems to me you have paid your photographer the remainder of the fees prior to receiving your footage - is this how it was stated in your contract?

    As you have not received your photos, you have a legal remedy to sue the photographer in Small Claims Court. You could sue for both monetary damages and breach of contract (as I don’t believe they fulfilled their end of your contract).

    Prior to that, I would definitely reach out to the photographer and demand (in a sort of pleasant way). I recommend doing this. Essentially, remind them what the contract states (I.e., you were to have X amount of edited photo and video by X date and you were to pay X amount. You have now paid X amount but they have not provided you with all of the product. Inform them that you would like to remedy the situation by X date, or you will have to look into all of your legal options as they have breached your contract).

    MOST companies do not want to deal with a lawsuit and they will rectify the situation but you at least can get them a little nervous.

    i also think leaving a negative review if they are on google or any other website will help because you’re warning future customers about their shifty behaviour and they’ll lose clients.

    I know this advice will not bring your wedding day photos back but perhaps you can get a little money out of it and perhaps to do a vow renewal, or anniversary shoot next year? I’m so so sorry. I hope it all works out somehow.
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