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Heidi
Savvy April 2017

Photographer broke contract

Heidi, on June 26, 2017 at 8:08 AM Posted in Etiquette and Advice 0 14

We just recently received all of our photos from our photographer. Here's the contractual issue - we were promised 600 digital photos. We got 382. Even if I counted our engagement photos, which is a separate shoot altogether, there would still only be 436.

Not specifically related to the contract, I was disappointed with what wasn't photographed - a memorial table at the reception (even though this was in the pre-wedding consult questionnaire) and a pose that my husband had specifically asked for (and was photographed) for a close friend that could not attend.

Before I approach the subject with my photographer, I am curious if anyone has had this happen and how you handled it? Did you ask for a specific dollar amount refunded? How you resolved the issue?

If you were me, what would you do?

14 Comments

Latest activity by Jay Farrell, on June 28, 2017 at 1:18 PM
  • Lindsey
    VIP June 2018
    Lindsey ·
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    I would contact the photographer and see what he says. They can't retake the picture but they should reimburse you for the partial service

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  • OGJessieJV
    Master July 1867
    OGJessieJV ·
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    Read and re-read your contract. Go line by line and note what wasn't done according to the contract. Make sure that you print out any and all correspondence. Then sit down and talk to the photographer and see what they can do for you.

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  • VC
    Master May 2017
    VC ·
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    I would normally approach it with a question and see how they respond.

    "Hi we loved the pictures that we got back. We have a few questions we wanted to know:.... 1) I recall we submitted a questionnaire that included a few must-have shots, I don't see them in the photos you provided, were they not taken? 2) While we love the photos we received we are disappointed in the number of photos. The contract stated 600 minimum and it looks like we did not even get 400, what is the reason for this?"

    etc etc.

    See how he responds. In the end you are getting to the point that he either provides more digital photos that are edited; an explanation on the missing shots (he may have forgotten to provide them to you or take them) but you need to know what happened and whether he will provide a partial refund because he did not fulfill his obligations in the contract.

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  • Jennifer VR
    VIP April 2017
    Jennifer VR ·
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    Regarding the pose, it could be that the picture didn't come out great.

    Regarding the number of pictures, I think your first step would be to tell the photographer something like "Thank you for the photo's, they look great. However, we did notice that we only received 382 and were expecting closer to 600." Once you get a reply as to why the number was so much lower, you can evaluate what steps you would need to take next.

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  • Celia Milton
    Celia Milton ·
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    If you loved the photos and they captured everything,that would be one thing (I'm not a fan of buying photography by numbers of photos; very often that leads to 'spray and pray' instead of thoughtful staging and shooting....). But that's not this.

    You need to write out your specific complaints and have a calm conversation with them. I'd focus on the shots missed, especially since you specified things you wanted to capture. Let them lead the conversation and see what happens.

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  • Kathleen Smith
    Kathleen Smith ·
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    What I would do as a paying client :

    1) They didn't keep their contract agreement. Find out why.

    2) Let them know that specific contracted shots are missing. Find out why.

    3) Ask them, "so how do you handle this situation? Since the contract has not been fullfilled but you have been paid in full, do you refund on a per image count basis? A 40% refund? Because we are missing almost half of what we contracted and paid for." Then be quiet (no matter how uncomfortable that is) and let them answer.

    What I be concerned with as the photographer :

    1) How timely was the couple, BP and family?

    2) Was the schedule and organziation so unrealistic that the requested shots were impossible to get?

    3) Did those who were included in the requested shots cooperate? Did they leave by the time the images could be taken?

    4) Image count - it may have looked good on paper but how did the day unfold? What glitches did the photographer run into because of timing?

    5) Image count - aside from the missing requested shots, did the photographer capture the moments? Do you like the shots taken? Would the missing 218 images just be more of the same thing already shot? For example, 20 ring shots, 14 more of the same family shot, filler shots to bring the count up. Although 218 is a big number.

    He needs to know you're not happy and why but also find out why the contract wasn't fullfilled.

    Keep us posted.

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  • annakay511
    Master July 2015
    annakay511 ·
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    I agree with @VC, start by posing as questions and see what they say. I would be more concerned about the low number of pictures first, then the shots that are missing.

    Its very possible that the pictures didn't turn out well, or the photographer thinks they didn't turn out well and therefore didn't give them to you. Personally, I would rather have subpar shots of something than no shots of something.

    Our photographer missed a LOT of detail shots I wanted. I have no idea why... I sent her and the second shooter with all of my jewelry, the dress, shoes, veil, invitations, etc. She was gone for at least 30 mins. When we got our pictures back, I had a couple pics of my dress and shoes but no pictures of my jewelry or my invitations, for example. The whole time the second shooter was gone, I assumed she was with my DH while he was getting ready... nope. I don't have a single shot of him getting ready for our wedding day, which was super disappointing. In her portfolio, she has plenty of these type of shots so idk why she didn't take them for my wedding. When I expressed disappointment over this, she set up a mini session and took pictures of all my details that I wanted. Obviously we can't re-create my husband getting ready for our wedding day, but she was able to take some detail shots of his things as well - his engraved cufflinks, for example. This was all done at no extra cost to me of course and she got my the pictures almost immediately. Also, there was a lot of pictures we got only in black and white that I wanted in color - like most of my father/daughter dance pics, and most of the pics of us cutting the cake. She said it was because the lighting caused them not to turn out well. I told her I loved the shots but really wanted them in color, even if she thought the lighting was better in black and white. She got them to me in color and I'm SO HAPPY I asked because honestly I can't tell any issues with the lighting or color.

    I tell you all this because...don't be afraid to ask!!

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  • Heidi
    Savvy April 2017
    Heidi ·
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    UPDATE: DH reached out to her on the 27th and explained the situation - we didn't receive close to the number of shots promised, we were missing some crucial images (his parents entrance, our rings, a memorial table, a requested shot).

    I failed to mention that DH's name on her blog has been misspelled since she posted it (she got it right on our engagement post) and I have asked her 3 times since it was posted to fix it. I didn't want to share it to our friends and family with his name being wrong. I am seriously disappointed with the lack of professionalism that she has shown as a professional photographer.

    In any case, she spoke briefly with him and said "she needed to reword her contract, she thought everything was already posted that she had but she would look into it and she would discuss doing another gratis session for anniversary or family photos." She would get back to us that evening after she looked through her photos. Not surprisingly, we didn't hear back from her and still have not.

    At this point, I have very little desire to work with her again, even for a free session, and now have to decide how to talk to her about refunding some of our payment.

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  • FutureMrs
    Super January 2019
    FutureMrs ·
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    Threaten bad reviews online and blow up her phone/email until something is done to help you guys. She is showing major signs of unprofessionalism and that isn't fair. I would be fuming.

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  • Rachel Langerhans
    Rachel Langerhans ·
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    What VC and Kathleen said is perfect. Ask about the situation before accusing. This is why it's a TERRIBLE idea to guarantee a set/minimum number of photos!!! I don't do that for this reason precisely. Quality is more important than quantity. It would be different if you got all the important moments, despite the number being under that, but that's the the case here.

    I see your update and it looks like it was not really explained, but excused by her - she thought she updated her contract... to what? She would look through her photos again? She should know if she provided all of them to you. It sounds very unprofessional. Her carelessness is at your wedding day photos expense.

    I'm sorry you're disappointed in your photos. Hopefully there are still some special moments captured and your day's memories aren't completely lost in that aspect.

    Lesson to everyone - Do not go by number of photos guaranteed! Go by quality of photos over quantity, and make sure you view FULL GALLERIES (not just portfolio highlights), so you'll have a realistic idea of what you'll be receiving.

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  • Rachel Langerhans
    Rachel Langerhans ·
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    And don't "threaten" bad reviews, "threatening" does not get a person anywhere. But I would certainly leave honest and detailed reviews about this (not fulfilling the contract, not providing the guaranteed number of photos, missing important moments, misspelling a name and not correcting it) so others can learn from your experience, and hopefully those reviews will make her improve her services (and apparently her contract).

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  • M
    Devoted March 2018
    MsGem ·
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    I would try to discuss with him and if that did not work,i would sue. No question about it. I would rather pay legal expenses than let him off the hook. Especially wedding pics.

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  • Heidi
    Savvy April 2017
    Heidi ·
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    Thank you for the recommendations. I will provide another update once we resolve this.. hopefully soon!

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  • Jay Farrell
    Jay Farrell ·
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    That's why I don't promise any number of photos, because it's irrelevant anyhow. I average 400-500 usually, but in your case, you need to talk to them since it was in contract. Anyone can take 300 photos of the ceremony from almost the same angle and brag they gave you more. If that's in the contract, find out what happened.

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