Post # 1
Hey everyone. I was married in October of 2013, and my wedding was great. I found my photographer and his assistant were fantastic at taking pictures throughout the day. My online proofs were not made available until mid-December, which is fine with me because I took an extended honeymoon. Out of 900 images to choose from, he told me to select 200 images for my albums. Which I did, and I turned them in on December 29. According to our signed and fully paid contract, I am supposed to receive 3 albums and a disc of all my images. The 3 albums included are: 8×8 leather album with 20 pages of images, a 10×10 layflat album that contains up to 200 images, and a parent album. Also in the contract, it states that it can take up to three weeks of editing once I’ve turned in my selection. Then I will recieve an online album to review. Once I’ve approved the album, it can take up to 3 weeks to receive my albums. So according to this timeline, I should have product in hand right now. Sadly, I do not.
Yesterday, I receive an email from my photographer stating that the layflat album is no longer being produced by his supplier. So what he has done was added additional pages to the 8×8 album to get all 200 images in it. So that brings the page count up to 80 pages total. Since the layflat album is no longer available, he’s giving me a $300 credit. Then he breaks it down. The total cost of the album is $1500 for all 80 pages. The cost for the original 20 pages is $450. So after deducted the $450 for the first 20 pages and $300 for the credit, there is still a balance of $750. Guess who is being asked to pay the balance? Me!!!!
I understand that he cannot control the supplier and what they discontinue. But my signed and fully paid contract states that I should receive 2 albums (1 of which contains the 200 images I was asked to select). So I know he is trying to correct the problem by adding the pages to the album I am going to receive and give me all 200 images. But why am I being asked to pay to fix the problem and fix a now fault in my contract that he provided (I did not select these two albums, there were pre-selected by the photographer in the package I chose).
I’m so upset and still have no images from my wedding to show people who have been asking to see them. Some people may say demand what I’m owed, but he still has all the images, and I have NOTHING. So I don’t want to make him mad and not receive his quality work. And I really do like my photographer. But I do feel it is unfair to make me pay for the correction. After doing the math, the photographer is not even trying to eat any of the costs to fix the problem as well.
How should I go about talking to him? What should I say? Am I required or should I pay the $750?
I really need help because I’m tired of crying over this issue, and I’m tired of being mad. Just had to vent because I’m so frustrated right now.
Post # 3
Wait? He is trying to make you pay $750 more to only get 2 albums instead of 3?!?!? I’d be way upset too. Now, I’m not a photographer or have any legal background, but that just seems WRONG!
I would politely message him back saying that you do not feel that this new arrangement honors your contract and are intersted in hearing other options in which your contracted price and number of pictures/albums is honored.
Post # 4
@DBS5127: Actually I’m supposed to get three, but now being dropped to two. I was originally supposed to get two albums, and my parents get the third. My parents are still getting their album, but I’m only getting one instead of two.
Post # 5
@wannabedisneybride: It’s a little confusing, but it sounds like you’re being asked to pay more than originally contracted in order to receive the promised images in one less album (I guess one with a more expensive format?)?
That’s definitely not fair, and while I would stay civil, it seems clear that although he may not be able to provide the exact format originally contracted, he should at a minimum be giving you all those images and the available album for the originally agreed price- even if that means a different third album, or even some images loose and the price of the unavailable album refunded . Asking you to eat the cost after the contract is signed… not okay. You lived up to your half of the contract: you paid him. He now has to either live up to his half or refund the portion of the contract he can’t fulfill.
Post # 6
@wannabedisneybride: The layflat album may not be available from *his* supplier, but that format has not gone extinct. I feel he needed to contact you at that point and ask how to proceed and provide you with options – he can find another supplier for a layflat album. Since it was in your signed contract it would have been good customer service for him to find another supplier and provide you with what you paid for, at no additional cost to you.
Post # 7
Well as a photographer I can tell you there are exactly 100 million options for ordering albums for a client. One company discontinues a product then find something else comparable. You should only be on the hook for more money if you’ve upgraded your album beyond what the contract originally states. If you have sent in your image selections he/she should also send your disc to you if that’s in the contract. The album delay is not your fault. Your best bet is to get them on the phone and tell them that you are sympathetic to the issue that the manufacturer has discontinued the product, but that you are fully aware that there are exactly 100 million album companies out there and the photographer out to be able to find something out there to fulfill the contract without any additional cost. Even if they couldn’t (which I do not believe), you still are not legally responsible to pay the difference. Be nice, but be firm and tell them you want your disc of images (if that’s something you paid for) in the meantime. Let us know how it goes.
Post # 8
@continuumphotography: I do have a disc, but in the contract it states that I do not receive it until the albums are ready to be picked up. Just feel like I’m stuck in a rut!
Post # 9
@wannabedisneybride: The photographer is in breach of contract not you – if you have supplied the photo selections as requested you are not holding up the process. Therefore all of the deliverables that can be delivered, should be delivered. Photographers that include the disc with delivery of the album are using that as incentive for you to either purchase an album or finalize your selections for the album faster. I can see no reason why that disc should not have been shipped as soon as they realized the product they intended to order for you was no longer available.