Change of terms in contract for services rendered

[marital unbliss]

What is the name of your state? Texas

i just recently found out that the photograher that i used when i got married is trying to milk me for more money. he is trying to collect $200 in addition what i have already paid him. i entered into a contract in november of 2000 granting him as the sole photographer for my wedding. in the contract i agreed to pay him in full before services would be rendered, which i did. he has now brought to my attention that in order to get my photo album, i have to pay him this money. he cites the increase in lab processing fees for justifying this. is he allowed to do this? i never signed agreeing to this possibility and it never was agreed to, verbally or implied. the contract has no disclaimer or waiver stating that he reserves the right to increase fees for whatever reason after the maturity of the contract. help!! he is fixing to increase fees again in two weeks.

 

[JETX]

A valid contract can not be altered or amended unilaterally, all parties must agree before it becomes binding.

Now, with that knowledge, what are you going to do when he breaches your agreement??

1) Your post says that he wants this money "to get your photo album". Was an album specifically included in the agreement??

2) What does the 'album' have to do with increased processing fees??

3) Why was there such a delay (2+ years) from agreement and was any delay due to your fault or his?? If your fault, then he might have grounds to recover increased costs. If his, then he should absorb the costs incurred due to his delay.

I am curious though.... you say that you entered this agreement TWO plus years ago. When was the wedding and hasn't the photographer completed the contract yet??

A

 

[marital unbliss]

thank you kindly madam/sir for your prompt reply. to answer your points of contention:

-yes, an album was part of the paid contract and is stated in it by both parties
-i don't know what my album has to do with the increased lab fees. as far as i thought both of us were concerned when i entered into the agreement part of the total bill of sale included any and all lab processing fees at the going rate at the date of the contract
-there has not been a 2+ year delay. there has only been a 15 month delay since the date of the wedding(september 29, 2001). not to mention that the proofs were not made available to us until approximately 2-3 weeks after the wedding took place. I believe the delay is solely on his part because a representative of his company specifically told us to "take our time" in deciding which proofs we wanted in our album. we were not made aware of any repurcussions that we would have to deal with by "taking our time".

but to answer to your question as to what we plan to do about the breach of contract, i plan to file complaints with the better business bureau, the attorney general's office for the state of texas, any organization or associations that he is a member of not to mention that i will take legal action to get my album.

one final twist of irony:
i am still in possession of the 100 proofs

clarissa