Photog. Contract – would you agree to this???

posted 3 years ago in Photos/Videos
Post # 3
Member
9412 posts
Buzzing Beekeeper

@mousepeach:  I’ve never heard of that. Is it common? There are plenty of great photogs out there so I would either ask her to remove the clause or find someone who doesn’t have it.

Post # 5
Hostess
4941 posts
Honey bee
  • Wedding: May 2013

@mousepeach:  I’ve been through a lot of photography contracts, and usually if something happens because of like a natural issue or they get sick or injured, they refund everything. It’s one thing to keep the deposit if YOU cancel, but if they can’t make it because of something that can’t be prevented then you shouldn’t be punished for it.

It sounds like she’s good with communication. I would express your concern with her over this issue and see if you can work something out. If not, honestly I would move on.  

Post # 6
Member
2657 posts
Sugar bee

I’ve never heard of issues en route being specifically mentioned, but ours does have a paragraph about refunds if she can’t be there and/or find a replacement for us.  There’s no harm in asking the photographer about it though.  We asked ours about a couple of items on the contract, and she clarified everything for us and was very flexible.

Post # 7
Member
631 posts
Busy bee
  • Wedding: August 2014

@mousepeach:  Ask for clarification. This is not standard industry practice but it may just be worded poorly and require explanation. Personally if I can’t make it to a wedding because of a natural disaster my contract limits my liability to the return of all monies paid. Essentially, I can’t be sued for not being there but I wouldn’t keep the retainer. 

Can you post the entire clause of the contract?

Post # 8
Member
9412 posts
Buzzing Beekeeper

@mousepeach: If she won’t remove it from the contract, I would move on to a new photographer. Not only would it ruin your day if she didn’t show up, but you’d be out money too? No, thanks.

Post # 10
Member
170 posts
Blushing bee
  • Wedding: August 2013

@mousepeach:  This is an extremely unlikely situation.  The photographer will attempt to arrange for someone else and if that fails, then she keeps the deposit.  I think it is actually fair for her to protect herself as a business owner, too.  If she is enroute to your event and making a legitimate effort, it’s fine.  Let’s say the photographer becomes injured in a car accident and is hospitalized.  She is simply protecting herself as she was travelling to a work-related event.  I think this is totally reasonable – put yourself in her shoes as a business owner.

Post # 12
Hostess
9903 posts
Buzzing Beekeeper
  • Wedding: May 2014

@al0818:  I agree with what she said.

She’s technically leaving her place of employment (home) to meet a client (you) so she is working while en route.  Should something happen and she is unable to get there she is to be paid for that time (and the time she spent with you prior to the event preparing etc etc) which is the purpose of the retainer.

Post # 13
Member
170 posts
Blushing bee
  • Wedding: August 2013

@mousepeach:  I honestly don’t think you have much to worry about 🙂  She is just protecting her bottom-line.  I think you should ask for clarification before you ask about providing proof of hospitalization.  Is she travelling far for your wedding or is it in the same city?  Did you pay a heafty deposit?  I think 10-20% is fair.  If you paid a 50% deposit, then I’d look for another photographer.

Post # 15
Member
11668 posts
Sugar Beekeeper
  • Wedding: November 1999

I don’t see the issue with it, depending on what hte deposit was.  For $500 or less I say no big deal.  My photographer did plenty of prep work (e.g., meetings with us, calls, etc.) that she wasn’t compensated for technically.

Ask her about it if it makes you uncomfortable, but it isn’t something I would change photographers over. 

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