(Closed) Did she really try to do that?

posted 7 years ago in Photos/Videos
Post # 3
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

Wow that is ridiculous!  I don’t have any legal advice but I don’t see how she can possibly give away the day that she should be reserving for you and not be breaching the contract you have with her.

Post # 4
Member
302 posts
Helper bee
  • Wedding: October 2011

Also not a lawyer, but it does seem like a breach of contract to me as well.  I guess if she hasn’t officially double booked your date yet then there is no breach, but it’s still ridiculous and completely unprofessional.  Has she put your date on her calendar yet or are you still “in limbo”?  You’re definitely not making a big deal out of nothing.  This is definitely a something.  Does it say anything in your contract about your date or anything you can point out to her? 

Post # 5
Member
3947 posts
Honey bee
  • Wedding: October 2011

Legally I don’t think you have any grounds to get your deposit back considering she didn’t actually double book and is still willing to do your wedding. 

Does suck though! 

Post # 6
Member
875 posts
Busy bee

I think you need to remember that it is probably just what she suggested… a typo… that went unnoticed because she doesn’t think of that date in the same way that you do…  For you it is a once in a lifetime event… absolutely special… for her it’s a work day that is sure to be exciting… but not the only wedding on her list!

Post # 7
Member
1315 posts
Bumble bee
  • Wedding: May 2011

@Missbliss: True, but it doesn’t make any sense for her to include it in her available dates. Her schedule should be very clear and unmistakable about what constitutes a booked date.  Her reputation would presumably be in tatters very quickly if she went around making mistakes like that.

OP – To be honest I’d be considering looking for someone else, as I think if I were you I’d be worrying about it the whole time.

OTOH if you think you can continue happily with her, great. Can you arrange to go talk to her in person about this? Often it’s very hard to convey precisely how you feel about something in emails.

Post # 8
Member
1041 posts
Bumble bee
  • Wedding: November 2012

No there was not a breach since she still has time to come to your wedding. Its not even an anticipatory breach since she “assured” you it was a typo and did not say she wasnt comming. If you do decide to hire another photographer you would be breaching and she would not have to return the deposit. Now i understand if it may make you feel more comfortable to hire someone else but you would be out of the deposit. I also wouldnt defame her reputation since it could have been an honest mistake, esp if you decide to still use her (that would be awkward).

I am not yet a lawyer (taking the bar in a few weeks) and this is not legal advice (since i cant legally give legal advice yet) just my opinion based on 3 years of lawschool and 3 summers of interning at law firms 😉

Post # 9
Member
955 posts
Busy bee
  • Wedding: April 2011

I agree with @Missbliss:.

I can see why you might have been worried, but she has reassurred you twice that your  date was set with her and reserved. I don’t see why she would need to return the deposit if it is your choice to find another photographer. You said you hired her because she takes good pictures, but now you are worried she will take crappy pics? I  am confused on that. I do understand how upsetting it can be when others do not take your wedding as serious as you do. But I think it was an honest mistake on her part, I am not sure how it was advertised but if it was just a time frame she listed than I really don’t see the issue.

Post # 10
Member
1315 posts
Bumble bee
  • Wedding: May 2011

@pinkb: It seems in the OP that the precise date was listed as available. It does seem cause for some concern. I think BrideE is worried about this misunderstanding causing a bad atmosphere with the photog, perhaps leaving the photog less enthusiastic about the wedding. I know I want my photog to be in the best of form for me!

Post # 11
Member
955 posts
Busy bee
  • Wedding: April 2011

I totally agree that I want my photog to enthusiastic about my wedding the day of. But if you keep asking her the same question when she has already told you that your wedding was reserved for you on your date, I can see why she may be less enthusiastic about it. But at the same time the photographer is running a business and I doubt she would produce anything less than her best the day of, because it is still her name on those pics representing her business. Just my opinion.

Post # 12
Member
1405 posts
Bumble bee

Check your contract.  Even if she did double book your date, she may not be in default.  She may only be in default if she actually doesnt show up for your wedding.  In addition, she may not even have to show……she can probably sub it out to another photographer (most contracts allow this if the photographer can’t make the event and has to provide a substitute).

Now, is your rate comparable to the special she is advertising?

I agree with others, go see her in person and straighten this out

And who the heck is roadrunner?

 

Post # 14
Member
27 posts
Newbee
  • Wedding: August 2011

I am an attorney in Washington state. You will not get the deposit back. She did not double book you. Also, she said it was a typo, so you have no right to breach the contract yourself and not follow through with hiring her. Has she marked your date off the calendar yet/taken your date down from the specials ad?

If you really feel like she will flake, it might be worth the $500 loss to book someone new…so that you are happy on your wedding day.

 

Sorry 🙁 She is lame. 

Post # 16
Member
1000 posts
Bumble bee
  • Wedding: September 2009

Yeah, unfortunately, nonrefundable means nonrefundable. I agree you won’t get your deposit back. I also feel a little shocked that you would actually cancel her services over what could presumably be and most likely was, just a simple typo. I feel like there is something else to this. Have you found another photographer in the year or so you’ve been waiting for your wedding whose work you like better? I feel there must be some other reason you are so anxious to get rid of her… I just can’t imagine any of my brides being that unforgiving if I ever made a mistake like that.

In fact, I used to have a “dates booked” calendar on my site, and I left out a 2012 bride, simply because I hadn’t gotten that far into filling in dates. She nearly had a heart attack over it and I eventually ended up just taking the whole calendar down because I didn’t need that extra pressure of keeping it perfectly up to date OR ELSE.

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