(Closed) Break up with my photographer?

posted 6 years ago in Photos/Videos
Post # 3
Member
2158 posts
Buzzing bee
  • Wedding: July 2012

EEK! That first guy scares me.  I would be so afraid of losing my money, or having him just up the price last minute with no contract, or not even showing up. 

I would 100% go with the second person.  Try to get your deposit back, of course. It never hurts to try. Was it a large deposit? I think that even if you can’t get it back, it’s just the price you have to pay to have reliability and peace of mind.

Post # 4
Member
707 posts
Busy bee
  • Wedding: August 2013

I’d say yes, you should book the new photographer. The guy sounds a little shady. If he hasn’t responded to you in 3 weeks or given you a contract, imagine how hard it’ll be to get your actual pictures! Most likely, you won’t be able to get your deposit back, but you could at least try!

Post # 6
Member
1870 posts
Buzzing bee
  • Wedding: June 2012

Cancel for sure!! a couple hundred is a lot but it isnt worth the bad experience that you will remember forever!

Post # 7
Member
375 posts
Helper bee
  • Wedding: June 2012

Maybe you can get him to do a couple hundred dollar engagement picture type shoot….? Since you haven’t signed the contract yet, it might be an option and at least you’d (eventually, if he isn’t real speedy!) have something to show for it!

Post # 8
Member
2158 posts
Buzzing bee
  • Wedding: July 2012

Did you get a receipt for the deposit? As long as you have that, you are entitled to either your money back or his services for that amount.

Post # 9
Member
3314 posts
Sugar bee
  • Wedding: October 2010

I’d go with the 2nd photographer in a heartbeat.  The first one just doesn’t sound at ALL professional!

Post # 10
Member
3947 posts
Honey bee
  • Wedding: October 2011

I would be concerned with the fact that you gave him money before you signed a contract…

It sounds like you gave him money without knowing what you were giving him money for, technically. Not to scare you, but this could go very badly.  

Post # 11
Member
83 posts
Worker bee
  • Wedding: October 2003

I would go with the second photographer. I am a photographer. I never ask anyone for money with out drawing up a contract. I usually like to meet them too if possible with my second shooter, so that we are all comfortable with one another. Do not feel bad. Ask for a refund and see what happens. A lot of times though, the retainer is non-refundable unless it is stated otherwise, and since you do not have a contract…. It is better not to have to deal with that type of unprofessionalism, and a few hundred dollars (depending upon your situation) is a cheap lesson learned.

I say this to everyone: demand professionalism, ask all of your questions up front, get firm pricing and expectations, get a contract, money should be the last thing that happens. Non-refundable deposits are standard, but if you have done all of your homework, then you will be confident and comfortable before a single penny changes hands.

 

Take care everyone.

Post # 12
Member
1252 posts
Bumble bee
  • Wedding: November 2011

It has been a while since my Contract Law classes, but I think you should be entitled to you deposit back from a legal perspective, your photographer has not provided you with anything of value in exchange for your check and there is no contract.  I’d demand your deposit back, in writing, referencing the fact that you have no contract and that he has provided no services.  Hopefully you’ll get it back, but if not I’d threaten small claims court.

I’m sure you’ve learned it already, but in the future never give money without a signed contract.  Good luck!

Post # 13
Member
65 posts
Worker bee
  • Wedding: May 2012

I would definitely book the new photographer! I would try to get my money back from the first photographer as well. If he refuses to give the money back maybe you can still use him on a different day.

Post # 14
Member
394 posts
Helper bee

I hate to say it, but it sounds like you got scammed. He created a false since of urgency for you to give him a deposit because “he was filling up fast”. In turn you gave him a check for services you know nothing about, he gave you no packages, no information, no pricing… and most importantly no contract. And on top of it, now he is non responsive and still hasn’t given you a contract to sign. I would DEFINITELY go with a new photographer, and sit down and talk with them first and make sure you sign a contract before you give the new photographer money. 

As for the old photographer, you can try to get your deposit back, but without a contract its going to be hard to argue what you gave him the money for. Hopefully you have kept all written correspondence between you and him, you will need it. First I would talk to him directly (in person if possible) and as for your deposit back. Since there was no contract, he can not argue that the deposit is “non-refundable” since the terms were never set forth in writing. If he refuses, I would see about sending him a certified letter from an attourney requesting the money be returned. If all else fails, you can attempt small claims court. I hope things work out and you get your money back, but in all honesty, given the situation, I would not say that it is likely.

Post # 15
Member
255 posts
Helper bee
  • Wedding: June 2012

“It has been a while since my Contract Law classes, but I think you should be entitled to you deposit back from a legal perspective, your photographer has not provided you with anything of value in exchange for your check and there is no contract.  I’d demand your deposit back, in writing, referencing the fact that you have no contract and that he has provided no services.”

+1

I’m a photographer as well, and there is no way I’d take a retainer without a signed contract in place.  I think you may be well within your rights to get the retainer back since there is absolutely no reason he should have it.  However, whether or not you are successful (even if the law is on your side) is another story.  Definitely run like hell away from Photographer #1, and consider any lost deposit money a small price to pay for finding out in advance that he’s totally shady.




 

The topic ‘Break up with my photographer?’ is closed to new replies.

Find Amazing Vendors