Wedding photographer not on time, has broken written contract and verbal promises

[wmt1415]

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

My fiancee and I hired a wedding photographer ($2000, all up front) to do an engagement shoot, a bridal shoot, and the photography for the actual wedding. We have only done the engagement shoot so far, which was shot in December. In the contract, it states that the 25 pictures that we select will be online within 6 weeks of us sending our choices in. After 8 weeks, we began to politely ask where they were, as we needed a picture or two for our save-the-dates. After weeks of reminders, she finally sent ONE (out of the promised 25 engagement photos) so we could print our save-the-dates.

We have been in contact with her for the past few months, and every time she has another excuse (I'm working on an app for my customers, I'm really busy, I'm out of town, etc.). On several occasions over the past few months, she has told us explicitly that our pictures would be on her website either that night or the following day. We are now 5 months to the date removed from the engagement shoot, and we still only have the one picture. Our emails have been more and more firm, but we still have nothing.

The photographer is obviously breaching her contract, and we plan to email her this week to ask for a refund. If she posts none of the pictures, I think it's pretty clear that we are entitled to a full refund. Even if she *does* post the engagement photos this week, we would like to hire a different photographer for the bridal shoot/wedding, as we have lost all trust with this photographer. If we get the engagement photos, how much of a refund should we be entitled to? I saw a similar complaint about the same photographer on a vendor review website (from about 3 weeks ago) where the bride/groom were in this identical situation, and the photographer only offered a 50% refund. I may be biased, but that seems absolutely absurd to only get a 50% refund after only the engagement shoot has been done. Would we be justified in asking for a $1500 or $1600 refund if (by some miracle) we get the engagement photos back? If she doesn't agree to something that we consider reasonable, what are our options? I understand being a few weeks late will happen, but several months is ridiculous (we've told her this, and she doesn't seem to care).

 

[quincy]

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

My fiancee and I hired a wedding photographer ($2000, all up front) to do an engagement shoot, a bridal shoot, and the photography for the rehearsal dinner and actual wedding. We have only done the engagement shoot so far, which was shot in December. In the contract, it states that the 25 pictures that we select will be online within 6 weeks of us sending our choices in. After 8 weeks, we began to politely ask where they were, as we needed a picture or two for our save-the-dates. After weeks of reminders, she finally sent ONE (out of the promised 25 engagement photos) so we could print our save-the-dates.

We have been in contact with her for the past few months, and every time she has another excuse (I'm working on an app for my customers, I'm really busy, I'm out of town, etc.). On 5 separate occasions over the past few months, she has told us explicitly that our pictures would be on her website either that night or the following day. We are now over 5 months to the date removed from the engagement shoot, and we still only have the one picture. Our emails have been more and more firm, but we still have nothing.

The photographer is obviously breaching her contract, and we plan to email her this week to ask for a refund. If she posts none of the pictures, I think it's pretty clear that we are entitled to a full refund. Even if she *does* post the engagement photos this week, we would like to hire a different photographer for the bridal shoot/rehearsal dinner/wedding, as we have lost all trust with this photographer. If we get the engagement photos, how much of a refund should we be entitled to? I saw a similar complaint about the same photographer on a vendor review website (from about 3 weeks ago) where the bride/groom were in this identical situation, and the photographer only offered a 50% refund. I may be biased, but that seems absolutely absurd to only get a 50% refund after only the engagement shoot has been done. Would we be justified in asking for a $1500 or $1600 refund if (by some miracle) we get the engagement photos back? If she doesn't agree to something that we consider reasonable, what are our options? I understand being a few weeks late will happen, but several months is ridiculous (we've told her this, and she doesn't seem to care).

Does the contract address refunds or cancellations?

I don't think it is unreasonable to demand a refund.

I suggest you have an attorney send the photographer a letter stating that she has breached the contract as it relates to the engagement photos and that you now consider the entire contract void. Demand the promised photos and a refund of the remainder paid or you will consider taking legal action against her.

Having an attorney draft and send the letter to the photographer can be more effective than your continued attempts to resolve the matter through phone calls and emails.

Good luck.

 

[wmt1415]

It says this about refunds: "The client also understands that in the event the wedding is cancelled within 180 days of the wedding for any reason, the bride and/or groom cancel the services of the photographer for any reason, change their mind for any reason, this agreement and all deposits whether in full or in part are forfeited to the photographer and are non-refundable".

Regarding when the photos will given to us: "The edits will take a full 6 weeks, no matter what time of year. Any extenuating circumstances resulting in delays (i.e. Acts of GOD, health, major injuries, unforseen accidents) could results [sic] in a small delay, please acknowledge life does happen and it is not to hold your images hostage from you."

Surely, though, I would think this doesn't qualify as a small delay, and none of this is because of the reasons listed above. Also, would the part about 'no refunds' be null and void since she hasn't upheld her end of the agreement?

 

[not2cleverRed]

It says this about refunds: "The client also understands that in the event the wedding is cancelled within 180 days of the wedding for any reason, the bride and/or groom cancel the services of the photographer for any reason, change their mind for any reason, this agreement and all deposits whether in full or in part are forfeited to the photographer and are non-refundable".

Regarding when the photos will given to us: "The edits will take a full 6 weeks, no matter what time of year. Any extenuating circumstances resulting in delays (i.e. Acts of GOD, health, major injuries, unforseen accidents) could results [sic] in a small delay, please acknowledge life does happen and it is not to hold your images hostage from you."

Surely, though, I would think this doesn't qualify as a small delay, and none of this is because of the reasons listed above. Also, would the part about 'no refunds' be null and void since she hasn't upheld her end of the agreement?

"Any reason" covers every reason you could possibly come up with... That's the contract you signed.

We can agree that $2,000 is a lot for 1 photo, but you would be better off walking away and contracting with a less flaky photographer. Leave a few reviews warning people not to make the same mistake - in particular, warning people that they should insist that the contract has a refund clause if the photographer fails to fulfill her end of the deal.

 

[quincy]

It says this about refunds: "The client also understands that in the event the wedding is cancelled within 180 days of the wedding for any reason, the bride and/or groom cancel the services of the photographer for any reason, change their mind for any reason, this agreement and all deposits whether in full or in part are forfeited to the photographer and are non-refundable".

Regarding when the photos will given to us: "The edits will take a full 6 weeks, no matter what time of year. Any extenuating circumstances resulting in delays (i.e. Acts of GOD, health, major injuries, unforseen accidents) could results [sic] in a small delay, please acknowledge life does happen and it is not to hold your images hostage from you."

Surely, though, I would think this doesn't qualify as a small delay, and none of this is because of the reasons listed above. Also, would the part about 'no refunds' be null and void since she hasn't upheld her end of the agreement?

All terms of a contract must be met by both parties. If one party breaches the terms, the entire contract is in jeopardy of being found void.

I suggest you have an attorney in your area send a letter to the photographer with a copy of the contract, highlighting the "edits" portion of the agreement and noting that there have been no extenuating circumstances that can justify the delay in receipt of the photos. Then demand a full refund due to the photographer's breach in the terms of the agreement. See what happens.

 

[RRevak]

"Any reason" covers every reason you could possibly come up with... That's the contract you signed.

We can agree that $2,000 is a lot for 1 photo, but you would be better off walking away and contracting with a less flaky photographer. Leave a few reviews warning people not to make the same mistake - in particular, warning people that they should insist that the contract has a refund clause if the photographer fails to fulfill her end of the deal.

Depending on the answer Op gives, this advice could be crazy talk.

With that being said: OP what is the EXACT wording of the contract you signed as to when you would receive the photographs? Was it in writing that you would receive them BEFORE the wedding or for you to receive them all upon the completion of the wedding itself? There is a reason i'm asking...

 

[quincy]

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

In the contract, it states that the 25 pictures that we select will be online within 6 weeks of us sending our choices in. After 8 weeks, we began to politely ask where they were, as we needed a picture or two for our save-the-dates. After weeks of reminders, she finally sent ONE (out of the promised 25 engagement photos) so we could print our save-the-dates.

Engagement photos would be needed before the wedding.

wmt1415 said that the contract stated "25 pictures" would be online "within 6 weeks." The photographer failed to deliver as agreed.

 

[wmt1415]

Depending on the answer Op gives, this advice could be crazy talk.

With that being said: OP what is the EXACT wording of the contract you signed as to when you would receive the photographs? Was it in writing that you would receive them BEFORE the wedding or for you to receive them all upon the completion of the wedding itself? There is a reason i'm asking...

The relevant section has been given in an above reply, but here's the full text about the edits (emphasis is hers, not mine):

"Your online proofs will go on www.[website redacted].com. Your pictures will be available for proofing for you and the groom and can be password protected if you choose. Your edits will take a FULL 6 weeks to do no matter what time of year it is as they take time to do from the time you choose them. Any extenuating circumstances resulting in delays ie: Acts of GOD, health, major injuries, unforseen accidents could results [sic] in a small delay, please acknowledge life does happen and it is not to hold your images hostage from you. Initial: ____"

The entire contract we signed was about 1.5 pages long, and that's the only part about the edits or the timing of when we should receive them.