(Closed) Photographer Lost ALL our Photos – Withholding Refund

posted 4 years ago in Photos/Videos
Post # 16
Member
815 posts
Busy bee
  • Wedding: May 2016

lisajdye1060:  NOT acceptable! She needs to give you a full refund! Maybe she can keep travel expenses or whatever, but she basically RUINED your memories!

if I was here I’d give the money back AND send you a present! that was literally her ONLY job: to deliver you photos!

Post # 17
Member
244 posts
Helper bee
  • Wedding: January 2017

I agree that small claims court is probably your best option. Not only should you receive a full refund, but I think you are also due some compensation for the emotional damage of having zero professional photos of your wedding, which is a one-time thing and cannot truly be re-done.

Sheesh, seeing these threads kinda makes me want to have multiple photographers when we get married. 🙁

Post # 18
Member
773 posts
Busy bee
  • Wedding: July 2015 - Carmen\'s Lakeview

My mom is a photographer and years ago she had one roll of film not turn out (approximately 30 photos.) It was because she forgot to change the settings on the camera going from outdoor photos to indoor so they were underexposed and this was in the days before photoshop)..yes back in the days of film! Lol She offered to pay for the bride to get her hair & nails done, and groom tux rental and reshot the photos shortly afterwards. She actually felt super bad after. 

i say at least threaten legal action if she doesn’t give you the refund. For some people, that might be enough to scare them into giving you the refund. If not, then follow through with it! If a business screws up on the service it provides, they cut a loss on that customer. 

Post # 19
Member
56 posts
Worker bee
  • Wedding: October 2016

Professional here. I have a lawyer on retainer simply because being a business owner means things might go wrong. First step is consult the contract. What does it say in case of loss or damages? For example my contract states that in case of complete loss I will return the amount paid   minus time, travel and assistant wages. I calculate my hourly rate as minimum wage and deduct that. Usually a court will say that the service-provider’s time is indeed worth compensation though it may be minimal. Secondly- was this the data card itself that lost images or a hard drive? Proper handling of images and data is to write it to three sources immediately. However there is no knowing that the card will corrupt. She should eat all costs of trying to retrieve the images either way, but a corrupt card has no negligence attached per se. I always think the first step is to try to reach an agreement outside of a courtroom. Write your demands and state how to dissolve the relationship entirely. “Upon proof that two professional companies have determined the images unretrievable, we accept a return of all costs paid to us. Photographers time compensation will not be deducted in exchange for us not seeking additional damages for stress…” You can ask for her to make it up to you in other photo sessions or you can seek small claims and spend more time and money. 

Post # 20
Member
239 posts
Helper bee
  • Wedding: October 2016

If she was editing your photos then they had to have been put on her pic to edit beforehand, it’s coo on sense to COPY the photos then when putting them on your disc or however she was planning to deliver to you. As a person whom claims to be professional she should have known that! And charging you for her having to try to recover her date to SAVE her ass, shouldn’t be your responsibility. This person needs a new profession, I’d definitely fight for a full refund!

Post # 21
Member
3 posts
Wannabee

I am a professional Wedding Photographer. If she “Lost” the photos then #1 the $500 is completely her OWN loss not yours. Yes its technology and technology can fail however if she is a professional it is her job to do everything within her means to recover your photos at her own cost. The refund is the  VERY LEAST she could do. I would be offering a refund as well as offering to pay for a bouquet and suite rental so that you could get back into your dress and we could do another bridal session. No it doesnt recreate your day but its better than doing nothing. 

We have our photos double even triple backed up. If something went wrong there should have been back ups in place. Is she on Wedding Wire or The Knot? Make no mistake a review would be made about this if I was you. It is extremely hard for a photographer to get off a bad review on Wedding Wire or The Knot, so it will stick. I am not a fan of bashing other photographers but her not doing everything within her power to make this up to you is horrible. I am so sorry this happened to you.

Post # 22
Member
1812 posts
Buzzing bee

Nope. No. No dice. She needs to fork over the money (ALL of it) and the data so you can bring it to a person or company of your choosing to get a second opinion. 

Then review the F outta her shady “business.”

Post # 23
Member
893 posts
Busy bee

I wouldn’t even pay her travel expenses. she was unable to provide what you paid for. 

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