Photographer121
Junior Member
What is the name of your state? Indiana
I photographed the wedding of a client who is now threatening to sue me and report me to the BBB if I do not follow her demands. I photographed her wedding in summer of 07. There were a little less than 300 photos. She had a small wedding with a short ceremony and a small guest list and did not want reception candids, preparation/getting ready photos or details photographed. I was at the wedding approximately 5 hours. Following the wedding, I posted her photos online for her to view while I sent her photos away for printing. During the wedding, a couple of the photos had a lens flare, so I told them we would have to move and redo those photos and in one of the photos, she blinked, which I did not catch at the time. Soon after, she wrote back and asked me if those things could be fixed and that she also felt the photos were kind of dark. I wrote her back and told her that we had moved to avoid lens flare and that I would try to fix the closed eye photo, and that the others could be lightened up. I told her to then come and pick up her proofs, explaining that monitors display colors and may be darker or lighter depending on the monitor.
When she came to pick them up, she brought her mom (which is fine) but they sat there and tore into the photos without looking at the prints. They complained of the exposure, lens flare, and the closed eyes. I explained to them both that I could lighten them up, try to fix the eyes and see what I could do about the lens flare. She took the prints and I did not hear from her until a month later. It was now mid-November.
When she came to drop off the proofs, she had them marked in categories: eyes, lighten/color, and crop. Being that I wanted to make her happy, I agreed to do my best in fixing the issues she had since I had never had an issue before with any past clients. I wasn't sure how to handle this, so I simply told her I would see what I could do. I asked her to give me time, and she agreed, since going through all the photos would take time and I work a full time job outside of photographing weddings. We never made a delivery date. She told me to do the best I could and to make the ones of her and her husband together the best that I can.
I came home and began working on the photos in between working (I work at a photograph studio), the holidays and wanted to make the photos the very best they could be. My take was quality over sending back a fast job, especially since she felt the week I had taken before was not enough time to get her prints ready.
The end of February, she writes me and asks me when her photos will be ready. I write her back and tell her that the retouched photos would be ready in a couple of weeks since I was now working on the eyes portion of the photos. I received no reply. About a week and a half later, she writes again and asks when her photos will be ready and I tell her I would have them done by the end of this week (Mar 14).
Last Sunday evening, I write her and tell her that I would be dropping her photos off at the lab (a professional imaging center) in the morning and that her photos would be ready for her on Wednesday (today, Mar 12). She writes me back Monday morning and tells me that sending the photos to the center would not be necessary, that she wants a refund as well as all of the photos on CD with a release so she can take them to a "professional" to be corrected and that she wants the money to be able to pay this other person and the release so that this person can work on them.
I write her back and tell her that I will not issue a refund, nor CDs, that her photos have been taken to the center for processing and printing. She writes back and tells me that I "will" follow her instructions, that I am making this more difficult than it needs to be, and she expects her refund via cashier's check and CDs in the mail by March 14, or she is reporting me to the BBB and if that does not solve anything, she is taking me to court.
She stated she sent a certified letter to me last Thursday, but I only received the notice in the mail today. I have to go pick it up in the morning. It is apparently a signed copy of the pdf attachment she sent me Monday morning explaining how she wanted the refund, CDs, and everything to work.
I picked her photos up from the imaging center yesterday and notified her today that I have them for her, even though she said she was not interested in them and wants the CD and money. Do I mail them to her, or wait for mediation? I don't want to be found in breach of contract for not delivering the second set even though she said she did not want them.
I am looking for any advice I can get. The photos look gorgeous and I have put a lot of time and money into trying to make her happy. The processing center double checked my work and ensured excellent photo quality. All of the lens flares are gone, her eyes have been fixed and all of the photos she felt were dark have been lightened up.
I don't know what else I can do and feel I am being wrongfully attacked. No one else has had issues with me in the past.
ETA: If this goes to court, what is the most I can be sued for? Would a court actually award her both money and the photos? How do these cases usually end up?
I photographed the wedding of a client who is now threatening to sue me and report me to the BBB if I do not follow her demands. I photographed her wedding in summer of 07. There were a little less than 300 photos. She had a small wedding with a short ceremony and a small guest list and did not want reception candids, preparation/getting ready photos or details photographed. I was at the wedding approximately 5 hours. Following the wedding, I posted her photos online for her to view while I sent her photos away for printing. During the wedding, a couple of the photos had a lens flare, so I told them we would have to move and redo those photos and in one of the photos, she blinked, which I did not catch at the time. Soon after, she wrote back and asked me if those things could be fixed and that she also felt the photos were kind of dark. I wrote her back and told her that we had moved to avoid lens flare and that I would try to fix the closed eye photo, and that the others could be lightened up. I told her to then come and pick up her proofs, explaining that monitors display colors and may be darker or lighter depending on the monitor.
When she came to pick them up, she brought her mom (which is fine) but they sat there and tore into the photos without looking at the prints. They complained of the exposure, lens flare, and the closed eyes. I explained to them both that I could lighten them up, try to fix the eyes and see what I could do about the lens flare. She took the prints and I did not hear from her until a month later. It was now mid-November.
When she came to drop off the proofs, she had them marked in categories: eyes, lighten/color, and crop. Being that I wanted to make her happy, I agreed to do my best in fixing the issues she had since I had never had an issue before with any past clients. I wasn't sure how to handle this, so I simply told her I would see what I could do. I asked her to give me time, and she agreed, since going through all the photos would take time and I work a full time job outside of photographing weddings. We never made a delivery date. She told me to do the best I could and to make the ones of her and her husband together the best that I can.
I came home and began working on the photos in between working (I work at a photograph studio), the holidays and wanted to make the photos the very best they could be. My take was quality over sending back a fast job, especially since she felt the week I had taken before was not enough time to get her prints ready.
The end of February, she writes me and asks me when her photos will be ready. I write her back and tell her that the retouched photos would be ready in a couple of weeks since I was now working on the eyes portion of the photos. I received no reply. About a week and a half later, she writes again and asks when her photos will be ready and I tell her I would have them done by the end of this week (Mar 14).
Last Sunday evening, I write her and tell her that I would be dropping her photos off at the lab (a professional imaging center) in the morning and that her photos would be ready for her on Wednesday (today, Mar 12). She writes me back Monday morning and tells me that sending the photos to the center would not be necessary, that she wants a refund as well as all of the photos on CD with a release so she can take them to a "professional" to be corrected and that she wants the money to be able to pay this other person and the release so that this person can work on them.
I write her back and tell her that I will not issue a refund, nor CDs, that her photos have been taken to the center for processing and printing. She writes back and tells me that I "will" follow her instructions, that I am making this more difficult than it needs to be, and she expects her refund via cashier's check and CDs in the mail by March 14, or she is reporting me to the BBB and if that does not solve anything, she is taking me to court.
She stated she sent a certified letter to me last Thursday, but I only received the notice in the mail today. I have to go pick it up in the morning. It is apparently a signed copy of the pdf attachment she sent me Monday morning explaining how she wanted the refund, CDs, and everything to work.
I picked her photos up from the imaging center yesterday and notified her today that I have them for her, even though she said she was not interested in them and wants the CD and money. Do I mail them to her, or wait for mediation? I don't want to be found in breach of contract for not delivering the second set even though she said she did not want them.
I am looking for any advice I can get. The photos look gorgeous and I have put a lot of time and money into trying to make her happy. The processing center double checked my work and ensured excellent photo quality. All of the lens flares are gone, her eyes have been fixed and all of the photos she felt were dark have been lightened up.
I don't know what else I can do and feel I am being wrongfully attacked. No one else has had issues with me in the past.
ETA: If this goes to court, what is the most I can be sued for? Would a court actually award her both money and the photos? How do these cases usually end up?
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