What is the name of your state (only U.S. law)? New York State.
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In July of 2009 I was asked if I would shoot a wedding. When queried about my price, I told them $1500. They said that it sounded fair, but that they really couldn't afford it. I was ready to leave it alone, but the couple then asked if there was any way that we could work something out. They seemed like nice folk, and I do understand how tight financial situations can be, because I have been in a similar place myself (more than a few times). I remembered what my wedding meant to me, and there was something that spurred me on towards helping them out. I learned that they weren't going on a honeymoon due to the lack of financial wherewithal by which to do so. All that they had had been put into the wedding, but they really wanted to have some photographs of the upcoming special event. So, I softened up......A LOT. I told them that I would shoot their wedding for FREE. Any photos that they wished to have would have to be purchased from my (then) Zenfolio account. They, very happily, agreed.
The wedding takes place, and I did indeed shoot it. I shot somewhere in the vicinity of 300 photos, and - three or four days later - had about 160 keepers uploaded to my site. Shortly after the clients had been given my site information, I received a phone cal, from them, stating how much they loved them - and that they wanted to purchase every single one. They asked how long I'd usually leave clients photos up, and I told them 30 days. As they would have to purchase them on a weekly basis, they wanted to know if I could double that time. I explained that I would do even a bit longer than that; I would leave them up for 90 days. They explained that 90 days would surely be enough time, and I left it at that. A week went by; two weeks, and purchase had been made until close to the end of the fourth week. Even then, only one photo was purchased. But I just let it roll. I had given my word, and I always stand by my word. Time continued to pass, and - on the 91st day - I removed their gallery of photos. About a week after that I received an email from them, asking if I would put the photos back up. They cited continued financial difficulties, that they were yet shouldered with, and I (once again) softened. I told them that I would give them sixty more days to purchase their photos, and - once again - they stated their deep appreciation. I decided, however, to extend that to period to 90 days, also. Again, 90 days passed without one photo being purchased and - on that 91st day - I removed the photos.
About two weeks later, I received an email message from the Zenfolio support dept., alerting me that a client (these same folk) had contacted them about photos that they weren't permitted to get. The wife stated that her out-of-town mother hadn't been able to attend their wedding, and so much wanted to see their photos. Zenfolio explained that they weren't able to intervene into such matters, but just wanted to let me know what had taken place. And, oh, did I fume. I mean, I went totally against my grain to do something nice for them, because I thought that they were deserving of it. And they orchestrate a sob story for the purpose of trying to gain the photos for free? I usually keep digital copies of clients photos, in the event that they might need them - even years later. But theirs? I felt such a covering of uncharacteristic anger that I destroyed them.
Fast forward to just a week ago.
My wife and I return home, one morning, and find a very important letter in the mailbox. It was a summons for my appearance in a Small Claims Court matter. With who? Yes, you guessed it. It was that very same couple. On April 24th I am being sued for $5000, as the plaintiffs are stating that, to date, I have not made their wedding photos available to them.
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I want to effectuate a counter claim (also for $5000) for false accusations. After contacting Zenfolio again, I was informed that they would do all that they could to help me, if I were able to provide the client's email address which was used, at that time. But it has been nearly four years, and I don't remember it. I DO, however, have statements from others who saw that wedding gallery of photos on my (then) site. I would like to know how the knowledgeable legal personnel, here, feel about the strength of my having a good counter claim position against those conniving individuals.
Advanced thanks,
Nathan
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In July of 2009 I was asked if I would shoot a wedding. When queried about my price, I told them $1500. They said that it sounded fair, but that they really couldn't afford it. I was ready to leave it alone, but the couple then asked if there was any way that we could work something out. They seemed like nice folk, and I do understand how tight financial situations can be, because I have been in a similar place myself (more than a few times). I remembered what my wedding meant to me, and there was something that spurred me on towards helping them out. I learned that they weren't going on a honeymoon due to the lack of financial wherewithal by which to do so. All that they had had been put into the wedding, but they really wanted to have some photographs of the upcoming special event. So, I softened up......A LOT. I told them that I would shoot their wedding for FREE. Any photos that they wished to have would have to be purchased from my (then) Zenfolio account. They, very happily, agreed.
The wedding takes place, and I did indeed shoot it. I shot somewhere in the vicinity of 300 photos, and - three or four days later - had about 160 keepers uploaded to my site. Shortly after the clients had been given my site information, I received a phone cal, from them, stating how much they loved them - and that they wanted to purchase every single one. They asked how long I'd usually leave clients photos up, and I told them 30 days. As they would have to purchase them on a weekly basis, they wanted to know if I could double that time. I explained that I would do even a bit longer than that; I would leave them up for 90 days. They explained that 90 days would surely be enough time, and I left it at that. A week went by; two weeks, and purchase had been made until close to the end of the fourth week. Even then, only one photo was purchased. But I just let it roll. I had given my word, and I always stand by my word. Time continued to pass, and - on the 91st day - I removed their gallery of photos. About a week after that I received an email from them, asking if I would put the photos back up. They cited continued financial difficulties, that they were yet shouldered with, and I (once again) softened. I told them that I would give them sixty more days to purchase their photos, and - once again - they stated their deep appreciation. I decided, however, to extend that to period to 90 days, also. Again, 90 days passed without one photo being purchased and - on that 91st day - I removed the photos.
About two weeks later, I received an email message from the Zenfolio support dept., alerting me that a client (these same folk) had contacted them about photos that they weren't permitted to get. The wife stated that her out-of-town mother hadn't been able to attend their wedding, and so much wanted to see their photos. Zenfolio explained that they weren't able to intervene into such matters, but just wanted to let me know what had taken place. And, oh, did I fume. I mean, I went totally against my grain to do something nice for them, because I thought that they were deserving of it. And they orchestrate a sob story for the purpose of trying to gain the photos for free? I usually keep digital copies of clients photos, in the event that they might need them - even years later. But theirs? I felt such a covering of uncharacteristic anger that I destroyed them.
Fast forward to just a week ago.
My wife and I return home, one morning, and find a very important letter in the mailbox. It was a summons for my appearance in a Small Claims Court matter. With who? Yes, you guessed it. It was that very same couple. On April 24th I am being sued for $5000, as the plaintiffs are stating that, to date, I have not made their wedding photos available to them.
************************************************************************************************************************************************************************************************************************************************************************************************************************************************...
I want to effectuate a counter claim (also for $5000) for false accusations. After contacting Zenfolio again, I was informed that they would do all that they could to help me, if I were able to provide the client's email address which was used, at that time. But it has been nearly four years, and I don't remember it. I DO, however, have statements from others who saw that wedding gallery of photos on my (then) site. I would like to know how the knowledgeable legal personnel, here, feel about the strength of my having a good counter claim position against those conniving individuals.
Advanced thanks,
Nathan