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Just Said Yes November 2024

Question about photography contracts?

Holly, on January 1, 2024 at 11:34 PM Posted in Community Conversations 0 15
Hi everyone, to make a long story short we changed our venue & the photographer wants to raise the actual service rate on us when nothing is changing except the location (travel fees covered) i just didn’t really like this at all being the elopement is 9 months out & would rather at this point go with someone else. in our contract, the only thing under cancellations is “there shall be NO refund of the retainer ($250). payments made towards the balance are non-refundable once paid” we have paid $250 for the retainer at booking & $900 towards our balance. is this even legal for a photographer to keep all of the money paid for services not being rendered? i would understand if we were cancelling a month out or so but with it being 9 months in advance

15 Comments

Latest activity by Kelly, on November 11, 2024 at 2:18 PM
  • Cece
    Rockstar October 2023
    Cece Online ·
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    Unfortunately, if you signed a contract agreeing to the terms, then you are bound by them. I would be wary of the photog trying to raise rates though- the only way they could do that would be to enter into another contract (with the new location, etc. cited). This means the original contract you signed would be nullified and considered “cancelled” on your part (since you are effectively cancelling that wedding/contract and are now proposing a new one at a new location). That means your photographer could essentially keep all the money you’ve paid for the current contract, and then make you start completely over on payments for the new one. If you decide to stick with this photographer, I would make sure you have it in writing in the new contract that all monies already paid to them will be applied to the new contract.
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  • V
    Champion July 2019
    Veronica ·
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    Yes, it is is legal. The photographer provided a copy of the contract to you to review and sign prior to payments taking place and if you didn't like or agree with something then you shouldn't have signed it.

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  • E
    Expert August 2023
    Elly ·
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    Something sounds "off". If you booked (paid the $250 deposit) the photographer and had the original price in their contract, then they should be bound to adhere to the price that was originally signed on. Even if you paid the $900 in full, they can't just decide to raise the rate unless it had been agreed upon. From what I gathered in your post, you are already covering the photographer's travel fees, and this is an elopement, not a grand wedding, so the $900 is pretty reasonable.

    It is one thing if you don't book by a certain date, and the vendor makes it known that they intend to raise their rates once said date passes and no contract has been signed. Sadly, multiple vendors have had to adjust rates due to inflation.

    Personally, this sounds like a photographer who may have become greedy or is a scammer. I feel for you, especially because I had to fire a vendor. If I were in this situation, I would do the following:

    Read the contract with a fine-toothed comb, and have a discussion with the photographer and your fiancé. If there is nothing in the contract detailing that the photographer is entitled to change the rate, ask the photographer (ALWAYS, ALWAYS, ALWAYS via email) why they are asking for ____ price when this was the original agreement. If the photographer insists on raising his rate regardless of the agreement and the fact that you are covering travel, lodging, and food, I would sever ties immediately. $250 is not cheap, but it is even worse to have a vendor that is morally compromised. Muster all the professionalism you can, and write in reply something to the effect of,

    "While we began our wedding planning with the best of intentions with you, we no longer want to continue with your services".

    It is up to you if you want to ask for your deposit back. I wouldn't blame you for requesting it since your wedding is in November, but if they don't, I would strongly consider doing the following:

    -Reaching out to the Better Business Bureau, Wedding Wire, and the Knot to report this vendor. This should not be taken lightly. I would also be inclined to reach out to any payment service you've used if any (Zelle, Venmo, Cash App, etc) to inform them of this individual, your situation, and to protect your accounts.

    -Writing a negative review(s). I usually steer clear of this route because independent business is the bread and butter of the wedding industry. However, compromised ethics speak volumes, and I would want to inform other brides. If for some reason this photographer begins backpedaling and wants to give you your deposit back provided you take away the negative review, make sure you have the money back and that it is verified through your bank. Try to avoid referring to this vendor by name and be careful of what could be seen as slander vs. a statement.

    If and I mean a big, IF the photographer made a genuine mistake (sometimes they overbook) and adheres to the original contract, proceed with caution IF you choose. (I personally wouldn't).

    My Story:
    I had to fire my first wedding planner. While originally we entered planning on good terms, I made it clear that I was running on an earlier planning timeline due to career obligations that wouldn't let me travel to my wedding location often (wedding was in a different state than where I resided). I was also planning my wedding with almost 1.5 years in advance. A year before the wedding, my fiancé and I made travel arrangements to finalize more plans and to host a vendor meeting/ get together with our other vendors. Getting a hold of our planner to coordinate the dinner was difficult and she backed out at the last minute. She later stated that it was due to a medical situation, and assured us that the lack of communication would not happen again. My fiancé and I were understanding. We sat down for a couple of meetings, and then my fiancé left for home. After returning home, we waited to contact her after 3 months of the fall wedding season and paid her in full before the new year (big mistake).

    I tried to reach out to her before December rolled around the corner, but to no avail. By now, more career obligations were at the forefront, and I was beginning to panic. My fiancé and I called and sent multiple emails, and even reached out to our other vendors to see if she was still alive or on the map. When she finally reached out to us, I made it clear that career obligations were what I needed to focus on, and made a specific list of what I needed help on. In the three days that followed, she flaked out of communication. By now, my fiancé and I had had enough, and decided that we were already going to lose our $500 deposit. We also decided on an additional amount for her to "keep" for the little work she did do, but, we mostly agreed to this amount because if she refused to give us our asking amount back, we were ready to go to a small claims court. We felt confident that our actions and the amount of compensation would not be seen as unreasonable. Just before I sent the severance letter, I went through Wedding Wire and the Knot and found a review that a bride had left. The planner had left this poor bride hanging the day of her wedding. I was shocked.

    Fortunately, the planner did give us the amount we asked for in return immediately, but to lose that money was frustrating. It was also frustrating because we had to contact the other vendors to let them know we would not be working with our planner anymore. The only reason I didn't leave negative reviews is because she returned the money immediately.

    All in all:

    1) Never pay a vendor in full until the payment deadline or after services are rendered.

    2) Save your sanity, and book a different vendor once the original vendor shows signs of being ethically compromised.

    3) NEVER book a cheap photographer. Always go with a photographer that has a good reputation, has a legitimate business and web page (not Facebook functioning a a web page).

    4) ALWAYS read the contract multiple times, and give yourself a day or two before returning the contract with the booking deposit.

    Hopefully this helps. Best of luck to you.

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  • H
    Just Said Yes November 2024
    Holly ·
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    That’s the thing… we’ve paid the $250 retainer AND $900 towards the $1,500 service payment. when we told them wed be cancelling they offered to go back to the original price. i don’t want to work with them at all because i feel as if that is super super shady. the contract states that there will be no refunds on any payments, but hopefully we can just get something back. had they not tried to do a price increase we would still be using them! it’s not about the price, but trying to increase a price just because you feel
    there’s an opportunity to, when in reality no matter where the location is you’re being hired for the same exact service. and then to just go back on it. they let us know they’re happy to go over the contract details so we probably won’t get any money back unfortunately. i just think that’s pretty messed up to keep $1,100 on a cancelled elopement that’s 9 months out
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  • E
    Expert August 2023
    Elly ·
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    That is horrible, and a severe breach of trust and ethics! What you need to do is write an email where you highlight that what they did was unreasonable and unethical as assertively and professionally as you can.


    I would compose an email (as professionally as possible) stating that you hired them (Company name then individual photopraher) because you liked their work, you were looking forward to your elopement, and were gladly going to pay for (insert specific costs not in the contract) to make your vendor comfortable. As a sign of trust, you paid the majority of the photography package well in advance.
    Then state on (specific date and email) when they mentioned raising the costs, and that nowhere in the original contract did it mention raising the costs since the services were agreed upon. Given this situation where you had made every effort to accommodate your vendor and make them comfortable, you no longer want to go with their services.
    Now, here is the kicker: You definitely will not get your $250 retainer deposit back, but you want the $900 back. You may not get all $900, but up to you how much you want to request back. This is reasonable and their contract is unreasonable.
    I would then say, that while you understand the initial contract for your wedding date (insert specific date), you feel a reasonable compromise is that they keep the retainer deposit of $250, and are requesting they return (insert amount) in the next two weeks (specific date).
    The objective here is to make your request sound reasonable, generous, and well-before November where they can potentially book another client. (No need to mention these points). If they don't follow-through with your request, I would put them on blast through Wedding Wire, Google, the Knot, and the BBB with your proof. Black out their individual name, but leave the company name as proof.
    If they were willing to change so quickly after you called them out the first time, chances are they will do it again. I would be surprised of they did not.
    It is not your fault, but it is an unfair, stressful, and expensive lesson. Don't give this company and photographer a second chance. Find another vendor that is transparent. Photographers are worth the investment (and they know it), but maybe, given your situation, the next photographer you book, gently explain the situation and wanting to avoid it again. Ask to go through all the costs thoroughly, and amend your contract if necessary that "in the event of ____, you agree to let them keep the retainer deposit of _____, and they are to return all other payments".
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  • E
    Expert August 2023
    Elly ·
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    Very, very important: Only communicate to this vendor through email so you have proof of everything. Don't answer any phone calls or be tricked into a conversation that will just be construed as heresy. The ball needs to be in your corner.
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  • H
    Just Said Yes November 2024
    Holly ·
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    So here’s the kicker….. their actual name is their business name. like your name is elly & let’s say paul for your last name, their name is elly paul photography…. so how do i do that without mentioning their name
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  • E
    Expert August 2023
    Elly ·
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    Forgive me, I re-read your original post and here are some other final points:


    If the scenario is a canceled elopement (I had to re-read that part) and the size of the wedding changes to a larger, more time consuming event, including a micro wedding, then it is reasonable to expect that costs rise a bit. This is due to the photographer spending more time with you as a client, having to do more work to find the best positions and light. If you didn't ask them for services outside of the original package, elopement or not, you are not being unreasonable.
    With that in mind, most photographers offer set packages rather than charging by services unless they have an a-la-carte section.
    If your gut is telling you that this company/vendor is being shady, cut your losses.
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  • E
    Expert August 2023
    Elly ·
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    Yikes. That makes it hard. I don't have any legal advice to give here. It would be up to you, but there are businesses that go by their owner's name that are put on blast. As long as the situation is true and not misrepresented (including where you goofed), and can produce the proof, then it is not slander.


    Lies, misrepresentation, and omission of facts will count as slander.
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  • Michael
    Rockstar October 2023
    Michael ·
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    It is quite rude to change the pricing where the venue has changed but nothing else -- assuming the other venue is not presenting a drastic change of travel or other circumstances. Vendors will often miss some obligations but do not request a reduction of payment for that. Maybe some provision to keep what has been paid makes some sense. (Who can simply return money they are living on?) And sometimes they cannot get another event for that day. But they should allow that another ceremony could be scheduled and they would return most of your money. Note though that a contract is hard to enforce and mostly functions as the general terms of agreement.

    You possibly could negotiate with that vendor by asking questions whether they have needed accommodation for changes in the service that was not in the contract.

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  • H
    Just Said Yes November 2024
    Holly ·
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    All travel costs are covered by us, lodging and air. so we were really taken aback by being charged another $500 just for a location change
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  • Michael
    Rockstar October 2023
    Michael ·
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    Is it a drastic location change or just miles away? Was your venue stated in the contract? I sort of wonder if the photographer had tried to schedule a second event on the same day based on your earlier plans and now the person has to change that with your change.

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  • H
    Just Said Yes November 2024
    Holly ·
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    It was an international elopement vs now an in the country elopement. both locations are high up on the popularity scale of elopement destinations. i had to have an unexpected surgery which hit me pretty hard financially which was what made the decision to do in country to help save on costs. i explained this to them as well
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  • H
    Just Said Yes November 2024
    Holly ·
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    And no there is no venue stated in the contract or anything about venue changes etc. the quoted price of $1,500 is in the contract as the agreed amount + travel costs
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  • Michael
    Rockstar October 2023
    Michael ·
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    Are you able to say "No. We are keeping you on the terms of the contract unless you want to buy yourself out of this by providing an equally capable photographer." You could adjust the words to something more specific though. It does not really matter if that person (hypothetically) was offering a reduced price in order to enjoy some travel.

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