Post # 107
just because she CAN sue due to the poor wording of her photographers contract doesn’t mean she should. I feel terrible for her over what she is having to go through but I agree with some of the PPs who have pointed out a judge is unlikely to award her more than what the photographer has already generously offered her as compensation. @op sorry this is is happening to you. I sincerely hope that you are able to someday find peace with this situation someday.
Post # 108
her non-guarantee states if it is out of the company’s control.
this was within her control because she should have backed her files up.
Post # 109
yeah, that part really burns me! I have been patiently waiting over a month (even though the contract says within a month out from the wedding) and I had to contact her on the status when the pics weren’t available when she said.
Post # 110
This is 100% exactly what I thought. If I’m driving and rear-end someone and kill them, can they not sue me because it was an accident and I feel terribly awful? The law doesn’t exclude people who make mistakes and then feel terrible about them.
I’m so sorry this happened to you. I’m not sure why posters are hung up on the fact that this was a second “wedding” – first, second, fifth, fiftieth – you paid for a service, and for whatever reason, it wasn’t provided. Especially given the circumstances surrounding how the news was broken to you, this would not sit well with me either. I think what a lot of people are forgetting is that once the day’s over, you have your husband, your wedding ring, and your pictures as the only tangible take-aways from the day. If not for my photographs, I would have never remembered aspects of my day. I hope you reach the resolution you’re hoping for. Best of luck to you!!!
Post # 111
I’ve seen a number of cases where judges award specifically for the cost to bring family members back to recreate some photos of the event. As you know, I am a wedding photographer so it’s certainly not in my overall best interest to encourage litigation and I have never encouraged it on the bee before this particular case, haha! I’m just encouraging her to get in touch with the photographer and look into what the photographer’s insurance may be willing to do. The photographer herself may be insured but not even know that she could be covered by this. It’s in the best interest of the client AND photographer to look into it. It might be a situation where insurance will only kick in when a lawsuit happens, in which case it would be beneficial for BOTH of them – the insurance would pay to refund the bride the package cost (so it doesn’t come out of the photographer’s pocket since it’s likely it has already been spent) and may foot the bill for court costs and any damages awarded to recreate some of the images. A higher premium, yes, but not financial ruin for the photographer. That’s the whole purpose of having insurance. Mistakes happen.
Obviously this does not fix what happened, but it could be the best option for both parties at this point.
Post # 112
I never knew any of this… thanx for this explanation… i’ll be asking my photographer these questions.
OP -I’m so sorry I wouldn’t know what to do with my self I have no advice except maybe getting dolled up again and taking self portraits in a beautiful park or maybe at the venue/ceremony space again and capture those intimate photos.
get your money back, and once you get yourself together and have another talk with the photographer … she would be taking my photos for the next ife changing event for free i’m sorry because you can’t get that moment back, and the point of taking photos is for reflecting back on great times.
I wish you luck with working this out
Post # 113
OP, I think you’ve got a decent civil case, but I don’t find it very likely that you’ll get a big enough award to bring your family back together and recreate the day. Courts don’t award you those types of settlements on what’s basically a $3k contract (if that) with only emotional damage. A court is not going to award you a windfall.
I would recommend accepting the refund, on condition that YOU get control of the drive where the pictures used to be, and use some of that money to take it to a proper data recovery specialist. Not a geeksquad kind of place but a company that specializes in data recovery. The data may or may not be recoverable, but you should pick the recovery service and ensure it is someone who specializes in that. On top of that, have her do a makeup shoot but for some other occasion: family party, or photo shoot with your husband, where the goal is to get some nice photos, not to try to recreate the day. The day is gone. It’s never coming back. You have to accept that, and move on, or you’ll be way too emotional to work out a reasonable solution.
Yes, the photographer screwed up, but there is no time machine so you can’t do it over; and on the flip side you have suffered emotional damage that will fade in time. Give it one more shot at getting the data back then move on.
Post # 114
Im sorry this happened to you 🙁
Your teaser is awesome though, so Im sure your wedding video will include some great and important scenes and you can take some stills. I know it’s not the same, but at least you will have a few nice pics and a little memory from the most important moments. Im sure he filmed more than just you guys dancing. Let me know how your final video turned out!
Post # 115
I am so sorry this happened to you. Our photographer is a big expense on our day and I would be devastated if we lost all of our pictures. The tough thing is that there really is nothing she can do to bring that day back..and she KNOWS that. That is why this is such a huge deal. She should be backing everything up and double checking everything.
I think you are right to sue her. Yes she offered a few things to you but a lawsuit will give her a kick to make sure she isn’t so negligent next time. This is in no way some trivial lawsuit.
Also, for the photographer who said they understood why this photographer wouldn’t contact them right away because they thought they could recover pictures: I totally get that but this person waited until after the deadline. I would think that she should at least have warned her client before the deadline hit.
The losing the pictures in addition to not contacting you sends of a feeling of “I don’t really care” and the fact that you had to contact her and THEN she offered some sort of consolation puts off a “I’m doing this so you’ll go away”. She sucks.
Post # 116
I don’t have any pictures of me from the age of 10 til like 20? I really rarely take photos of anything but my dog.
In my opinion, I don’t think photos make a memory or ruin it.
Don’t be angry that you are getting conflicting opinions on a public forum.
Post # 118
I don’t care about getting conflicted comments. Im looking for people who have actually been through this, a professional opinion OR information from professional photographers. The annoying part is when you hang around to keep reiterating your point. I get it, you are against me suing. Move on now. Pictures aren’t important to you, great. Move on now because I’m on a photo board discussing not having pictures of an important day in my life. [content moderated for name-calling]
Post # 119
thanks! Anyone else want to see it it’s here http://vimeo.com/68464796. I found this guy on Craigslist and he brought his wife to the wedding and they did an AMAZING job. I got this teaser the very next day. im really hoping to get moments with my and the grooms family. We kicked the videographer out for some portion of the day to allow the photograpar ample space. The photographer was our most important vendor. We mainly got the videographer like 2 months or so before to just film our first dance. Thank god he liked us enough to do more than that!
Post # 120
Don’t listen to anybody at this point…you got in a vey bad situation…and I guess that some people just find it very hard to relate and understand, because it didn’t happen to them.
Our wedding is in 6 months from now..and I am hiring 2 different photographers + assitant (total of 3 photographers)…because I want to make sure that we have tons of good pictures…I can’t even imagine that all this planning and money spendings will be for nothing and we wouldn’t get a single good picture…
I think that you should sue her if you feel like it…She didn’t do her job, she wasn’t thinking ahead, she didn’t care enough..And even if she will refund your money, and pay for some other photoshoot it wouldn’t be the same thing..Even if she will pay for the same venue, decorations etc…it wouldn’t fix it..because it wouldn’t be the original thing anymore…I believe that you deserve some money for the emotional distress..
Please, don’t listen to anybody..you are not a mean person..you are actually holding pretty well for what happened to you…And I am sure that most of these ladies who tell you to drop it and move on..wouldn’t be so calm if it would’ve happened to them..
Sending you hugs and kisses…
Post # 121
This is so sad to hear. I’ve seen the video you’ve posted and you both look fabulous. I too would consult with the videographer. The video is high quality and may produce good shots.Also someone experienced with photoshop may be able to piece together some family photos. Your photographer should also pay for these services.
Nothing can compensate for your loss, however, before photography, no one had photos of this important day..thankfully you are in a happy marriage making many new memories.
PS. I work with seniors, 65 is not old and many people in their 90’s have incredible memories! If your memory does fail,, photos won’t actually help your recall. I hope you can retake some of your photos at least.