Wedding Videography lawsuit

What is the name of your state (only U.S. law)? North Carolina

I was chosen by a bride to videotape her wedding (2 ceremonies). Although my website says "continuous hours" I divided my time into morning and evening to get the job. The morning went well, but had 45 minutes extra (1st ceremony), which they agreed to pay for.

The evening (2nd ceremony) had a revised, earlier start (and not "1/2 hour pre-ceremony" as on printed contract).
I failed to register this time in my planning and arrived just as the 2nd ceremony ended. No one had called ("where are you?") and no one then mentioned anything to me, so I just taped as normal for the time originally scheduled.

After completing the editing & DVD's and sending them, they replied they hadn't wanted shots of guests "eating, talking with each other, & the cake cutting, and 1st dance" -- they just wanted the ceremony & toasts. (I was booked for 2 hours).

The revised times were added by them to the contract, but not initialed by me or acknowledged by me in writing. They included turning me off for 15 minutes in middle too, which I wouldn't have agreed to if aware of.

They asked for a refund of half. Since I'm in dire straits (wife not working this year as she cares for her Mom in local nursing home) I subtracted my extra work time from the morning and sent a check and 4 add'l DVD's.

Since the check wasn't cashed I emailed an inquiry today (with a sincere apology) and got a reply "please contact our lawyer...".

The contract ($ 985 -- for 3 &1/2 hours shooting, including editing & DVD's) states:

" 3. If unable to provide the DVD's and/or services described, the Videographer is liable only for any deposits paid and is not liable for any other damages or loss."

Do they have grounds for a lawsuit regardless of her signing the contract, under "Terms agreed to by: " ?

I've been concerned and distraught over this -- even more so now after today's email about the lawyer. I do have general liability & equipment insurance for my video business, but not an "errors and omissions" rider.

Any comments or suggestions would be gratefully accepted. Guess I'd rather get deeper in debt (bad enough now) and be settled. Should I send add'l check, or try and contact their lawyer now (only have email / not even last name) and try to negotiate something?

They are are in med school. And apparently out to get me now. I do understand they feel a big loss. Help!

Thanks, in advance.....

It sounds like you have been more than accommodating, and that the contract clause #3 protects you from additional liability.

This, of course, does not prevent them from suing you anyway.

You could, always, hire an attorney yourself and fight any lawsuit in court should they decide to sue, or you can negotiate directly with their attorney for some sort of settlement (although I would wait to hear from the attorney directly and not email any person whose first name only is given), but what I really recommend is that you sit down with an attorney of your own and review the contract in its entirety before doing anything.

From what you have posted, it does not sound like they have much to support a successful cause of action against you. But I could be wrong.

wedding videography lawsuit

Thank you Quincy for replying. I've been terribly troubled by this matter. By my failure mostly, but also in their not recognizing my genuine efforts. Your reply has calmed me, and given a common sense/smart sense route of action. Shooting wedding videos is often thankless, especially for the long editing hours, although I do have a fair share of great thank you notes. I don't need "attaboys" or praise in order to continue working hard, but I would like a fair shake here. Wishing you well in all your efforts. Thank you kindly for your time and thoughts.