Advice Please Great Delay in getting proofs

[nancyjn]

My daughter was married last summer on June 16 and we hired a wedding photographer. We paid him in full and received a 10% discount, also I mailed him a $100 check the day after the wedding for an extra hour. Our contract states that the "brochure of wedding services provides a description of the Coverage". The brochure states that the proofs will be available in 4 to 6 weeks. We were told by the photographer 2 to 3 weeks. After a few weeks we emailed a few times, with no reply, made a few phone calls and was told that they were having computer problems. Finally after more phone calls, a disc of the proofs was hastily put together in one day, so that my daughter and her husband could take it back to AZ with them, this was at the end of October, 4 1/2 months after the wedding. Our original cost was $1400 and that included $300 credit for photos.The compensation from them for this delay was $100 in addt'l photos. The frustration of waiting 4 1/2 months for the proofs, along with the lack of communication, really robbed us of the much of the excitement and enjoyment of the photos. He also delayed in getting us the actual proof book and said it had been mailed, when it hadn't. I picked it up (after he told my daughter he had mailed it to her in AZ) and hand carried from MN to AZ to her. The proof book consists of photos that looked like they were printed at home or Walmart, they are not copyrighted or marked in any way, just your everyday Kodak prints. My daughter ordered exactly $400 worth of photos from him, which did not provide the photos or book that she wanted, but at this point, we had no confidence in him and would certainly not give him any more money. The photog was recommended by a friend who did not have all of these problems. The shots are nice, but none of the pictures on the disc or the proof book had any touch up done to them. My daughter received the prints that she ordered on May 23. She said that they are fine.
What I would like to do is request 1/2 of our money back or photos and a book = to that amount and if he does not want to do that, I would take him to small claims court for the full amount. I feel that he breached his contract and I am certain had we broken any parts of the contract, he would have had no problem in keeping all our money. Any advice is appreciated.

[mcouturier]

Hi Nancy,

First I'd like to say that I am sorry that you are in this upsetting situation.

Here's a somewhat similar situation, although it's not exactly the same, that someone else had previously posted on this forum -

http://forum.wedfog.com/showthread.php?t=31

Please forgive me if it sounds as if I'm chiding you, I am really not, please don't shoot the messenger. And I say this not only for your benefit, but for those who may be reading this in the future. I hear stories like yours every week nowadays, since everyone is now a 'photographer'. A few things to think about -

This photographer probably does not do this full-time, it's probably a side job / hobby, so he's probably not fully vested in this profession. If he screws up a few weddings it's no skin off his nose. Keep in mind that this is all conjecture based on what you have told us, but based on my experience and hearing many similar stories I feel that this is most likely the case.

The first red flag was the price that he was charging. While it may very well be possible that you could get someone really good for that price, odds are well in favor against it. That's why experienced pros who offer consistent results and great service charge more (and have to). Many people don't realize this and think that they are getting a great deal with a low price like that. In reality, he would have a difficult time at best delivering any substantial product to you at that price, let alone be able to make a living doing it. I also don't believe that anyone could provide touch-ups at that price unless this were their first wedding that they were doing for experience to gain some samples.

This sounds like a perfect example of Caveat Emptor - 'buyer beware'. He may have a few good photos to show, but it sounds as if his quality is hit-or-miss. A $300-$400 photo credit from any reputable photographer would not even come close to buying a book of any quality. Keep in mind that oftentimes people envision more than is actually included in a package. They want the really nice book, but at the same time are trying to get the best deal. Later they feel that they remember that they were supposed to get more than they actually agreed to.

I think you got stuck with a somewhat poor quality and poor service oriented photographer and it's really too late to do anything about it after the fact. Excellent service is obviously not his strong suit. Most professional photographers put a strong emphasis on service. People often balk at our rates and don't understand that they are based upon much more than just being there on the day of the wedding, like providing outstanding service, not to mention quality.

I am truly sorry to hear your story, but at this point I don't think that you would get very far in court. I would not recommend throwing good money after bad. Perhaps you can find an actual professional who can take the disc that you were given and do something more to your liking with the images on it. I would recommend going that route.

Again, sorry for your experience. We professionals hate hearing stories like this because there are many people out there like that giving all of us a bad name.

[Karyn]

I pretty much have to agree with what the previous poster said.

Another factor that may affect your possible plan to take him to court on the whole matter is the time frame. There may be a statute of limitations, it sounds like quite a lot of time has already passed. Another option, although it would not solve YOUR problem, would be to go the Better Business Bureau, if he has a legitimate business, you could at least help others avoid this guy!

If you are still looking to get great photos or a nice book put together on a smaller buget (since you have already thrown away money onthis matter) you may want to try giving the CD of photos to someone who can professionally edit them, and then us mpix.com to get a book made, or just to order some higher quality prints.

Good luck figuring it all out, and let us know how it turns out.

[Brian Mullins]

Hi Nancy,

To echo the sentiments above, I am sorry for the stress this has caused you.

I'm curious as to what elements of his package were in writing on his contract. Many times, "proof" photos will have only basic corrections made (color, exposure & density adjustments) but this is really at the photographers discretion. As a photographer, I explain this very thing to my clients but also explain that small touch-ups can be made with no additional charge as long as it doesn't involve a lengthy amount of time or it was something I should have fixed anyway (like removing a mole in a few shots or I accidentally put a light post on someones head). All of this is stated in my contract to avoid any complications or questions. I bring this up because the idea of "touch-ups" is a very wide ranging concept that, if it wasn't explained in advance, can definitely cause issues after the product is delivered.

With this being said, here's a couple of possible ways you may be able to reach a happy middle ground.

1 - Ask for copyright release so another photographer could finish off your images in a professional manner (No professional photographer will manipulate an image they did not take without explicit permission from the copyright holder).
2 - Ask for an album at a reduced cost so you get the product you want. If your daughter indicated the final prints are ok then the album will get the same treatment.

Unfortunately I have to agree with the above sentiments about your photographers business practices and service level. If the photos are competent (and it seems they are from your post) then you do have some methods available to remedy the situation and have cherished photos of your daughters marriage.

Please let us know how everything goes and if we can offer any other help.

Warmest Regards,

Brian Mullins

[ndavis]

I also agree with the post above, I would try to work something out with the photographer. I would tell him your plans about small claims court and maybe your can meet in the middle, example; he can give you the raw files, (originals) on disc and then you can take them to a professional to retouch and print you a desirable album.

I also shoot weddings on the weekends also, but my clients are my first concern once they sign the contract and my proofs are usually online within 1 - 3 weeks, and I usually have problems with the bride picking her pictures for her album, not the bride looking for me.

Good Luck

[Rudi Halbright]

I'm sorry to hear about your disappointment with the photography from your daughter's wedding. It's hard to add as much value as I would like without seeing the photos or the contract which was signed.

What I can say is that it is normal that proof prints would not be retouched. This is in part the difference between proof prints and final prints. Not all final prints delivered to a client are retouched that depends on the photographer and the service they offered.

I'm wondering also why your friend was happy with this photographer even though you were disappointed. Did your friend get better service? Is there something happening in this photographer's life that is interfering with his ability to perform (and is it something that may be resolved soon) or is it that your friend had very different expectations.

Finally, as others have implied, the amount this photographer charged you isn't generally enough for someone to live on by photographing weddings alone. There is generally a lot of overhead in running a photography business, maintaining and upgrading equipment, advertising and so much more. The time we spend with you on your wedding day is a small percentage of the total time spent, especially when an album is involved.

In summary, there may be more going on then you are aware of. Read your contract carefully and see if this photographer truly did fall short of delivering. If he did, then send him a demand letter insisting he deliver what he promised to deliver and letting him know you are prepared to take him to court. Hopefully that won't be required but may be a good last resort.

Finally, i do hope you are able to resolve this amicably and end up with photos you treasure once all is done.

Best wishes.
Rudi

http://www.halbright.com