Breach of contract with photographer

What is the name of your state? Florida

I hired a photographer for my wedding, and I am very unhappy with the work that was peformed. The only legally binding issues that I think I have are:

1) My contract specified "Start time - 3:30, End time - Till cake cutting"

My photographer left at about 9 pm, an hour or so before the cake cutting. At first, the owner said she didn't know why the photographer left, but now says that I only had a 5 hour package, and "I got what I paid for."

2) I do not have a family picture with the groom's family.

The exact pictures to be taken is not specified in the contract. However, not only is that a "basic wedding picture", but I also had insisted on providing a list of pictures I wanted taken. The photographer rejected this list because they said "they were professionals" and knew what they were doing. I do have a couple of pictures with various members of the groom's family (groom + father + grandmother, groom + mother + grandfather, etc), but none with all the family (bride + groom + mother + father + two sisters).

Do I have a case here? Please advise.

thanks,
M.

What exactly does your contract say?

And what exactly do you feel your damages are??

The contract is very generic...almost like they just found a regular invoice and slapped their name,address and phone number on it. The only things that are specified are what exactly is included in my package (24 8x8 in album, 1 8x10, 2 5x7's, 4 wallets), the total price, my deposit, and start and end time. Everything else, including the "hours in my package" and what specific shots were to be taken is not written.


The damages are the fact that I do not have and will never have these pictures that they were contracted to take. I spoke with another professional photographer, and she agreed that pictures with the groom's family is a standard picture that any photographer should take.

What measurable damages do I have? I guess I only have emotional distress?? To put the dress on and rent tuxedos, etc., to get those pictures back (at least the pictures with the groom's family, the pics from the cake cutting are forever lost) would cost at least $500.

Any advice?

My suggestion:

Since you didn't clearly specify what you were 'purchasing' or contracting for. And the photographer didn't clearly state what you were getting. This is simply a 'I should have gotten' case.

I suggest that you try to negotiate as much as you can from the photographer (if anything), then get mad, scream, holler and yell... (to get it out of your system), then get on with life.

Personally, I doubt that the ordeal (and cost) of a lawsuit over something that wasn't clearly defined anyway just wouldn't be practical.

Try to contact other members of the party to see if anyone else got the pictures you are missing and then get a copy an insert them into your pictures.

I was afraid you would say that. I can understand your suggestion regarding the groom's family pictures. However, does that also apply to the "till cake cutting" statement that is specified on the contract that was not fulfilled?

Your wedding started at 3:30pm. Most wedding ceremonies (at least in my experience) are done in an hour or less (making it 4:30). Then allowing 1/2 hour to the reception and another 1/2 hour for the receiving line, all of this should have been done about 5:30 to 6:00pm. The cake cutting would have been done in the next hour or so (6:30 to 7:00pm). Even allowing another hour or so, the cake cutting should have been done before 8pm. With the photographer leaving after 9pm (as you stated), you would have gotten your cake-cutting pictures NORMALLY. And all of this pretty much works within the stated 'normal' 5 hour wedding.

When you and the photographer agreed to duration "to cake cutting", was there any mention of the fact that you were going to extend the wedding as long as you did??

Naturally, we have only heard your side of this, but I have to believe that the photographer has a different version of the facts.

Some of them could be:
1) Did the photographer make ANY mention to anyone about someone needing to get the cake cutting (and or groom family pictures) 'organized' (cause it sounds like it wasn't)??
2) What did the photographer say before he left?? (I can't believe that he just disappeared).
3) What was said to the photographer before he left as to pictures for cake-cutting and grooms family?
4) And did anyone talk with the photographer before he left??

Here are the facts:

- Ceremony started at 4 pm (photographer wanted to come early to take some pics)

- Cocktail Hour started at 6 pm

- Reception started at 7 pm

All of this was written on the contract...the photographer was well aware of the timeline AND STILL WROTE 'TILL CAKE CUTTING' ON THE CONTRACT. For a reception that started at 7pm, it is ridiculous to assume that the cake would be cut before 9pm. It was actually cut at 10:15, roughly 3 hours after dinner was served, which is very normal.

To answer your questions:

1) No, the photographer did not mention to anyone that these pictures needed to be taken. In fact, he only knew the bride and groom since we 100% funded and planned the wedding.

2) We don't remember the photographer saying anything to either one of us before he left, but that doesn't mean that he didn't say anything. As you can imagine, it was a busy night for the both of us.

3) Nothing was said since we were not aware that these pictures were not taken (and would not be taken for the cake cutting). In fact, when we received the proofs, the photographer's wife (it is a husband and wife that own this photography studio) initially insisted that something had to be wrong. She later came back and said she had no idea why they were not taken, and when she questioned her husband, he could not remember).

4) No, not that I know of. Both of our families are out of town, and again, we paid 100% of the expenses. Therefore, the photographer only knew us.

Halket, you need to go to better wedding receptions. I havent been to a wedding yet where the cake cutting doesnt take place for at least 4 hours after the reception begins.


The Armenian weddings I go to last from 5:00 pm to after midnight. Sometimes the cake cutting doesn't take place till after 11:00. The photographer is always there until the bride and groom leave the reception.

If the contract states the photographer doesnt leave until after the cake is cut, the contract has been broken because of the early departure of the photographer. Try to to negotiate a 50% discount off the total amount of the photo package.

Good luck.

stephenk - You took the words right out of my mouth - thank you! Finally, some advice I can use.

Finally, an answer that agrees with what you came here to hear!!
So, go forth and negotiate. Oh, gee, that is just what my first post said!!!
("I suggest that you try to negotiate as much as you can from the photographer (if anything), then get mad, scream, holler and yell... (to get it out of your system), then get on with life.")

Actually, your first post was:

"And what exactly do you feel your damages are??"

which I would not label as any sort of advice. Secondly, I would not be considering small claims court if I had not tried to negotiate with the photographer in the first place.

I really do appreciate your input, but I do not find it helpful to me.

You're correct. My suggestion to negotiate with the photographer was in my second post (I overlooked the first since it really didn't have any answers).

And from your final post, I assume that you tried to negotiate and were not happy with his offer.

halket is right. proving damages is going to be a problem. if nothing is happening between you and the photographers, file a small claims action.