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 Expert
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Location: ohio-in my own little world with pretty ponies :) | Hi all! I have a legal question!
i just found from a few other brides that the photographer we hired for our weddings is not sending them their photos of their wedding! I signed a contract with her. Some of these girls have been waiting 4+ months for their pictures and the photographer has stopped responding to them all together now! None of the girls I've been in contact with have taken legal action but we are all about to.
I still have 2 weeks until her deadline to get me my pictures, but I want to be ready and know what I can do. She has already been giving me excuse after excuse for why they will be delayed.
I have pictures of the contract. What can I do? Is it worth it to take legal action? Can they make her hand over the pictures?! I don't want money,
I JUST WANT MY WEDDING PHOTOS!! :-(
Edited by lexyy12 2015-11-16 6:37 PM
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  "Mom"
| Tricky issue! Contracts for values under 5K end up in small claims and are hard to prove. What state do you live in? |
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 Warmblood with Wings
Posts: 27846
Location: Florida.. | And if she gets mad she may ruin your photos.. Good Luck!! |
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 Don't Wanna Make This Awkward
Posts: 3106
Location: Texas | Bibliafarm - 2015-11-16 8:59 PM And if she gets mad she may ruin your photos.. Good Luck!!
That's what I would be worried about.. If she ruins/deletes the pics best case scenario is the court makes her refund the money.. Which i'm sure is not worth losing photos that you can never have retaken.. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | outrundaizy - 2015-11-16 11:20 PM Bibliafarm - 2015-11-16 8:59 PM And if she gets mad she may ruin your photos.. Good Luck!! That's what I would be worried about.. If she ruins/deletes the pics best case scenario is the court makes her refund the money.. Which i'm sure is not worth losing photos that you can never have retaken..
I'm only going to take action if she does not send me the photos. Which I guess over the last few months, she hasn't been doing! She's being super suspicious, took the ability to review her page off and you cannot write on the wall of her page. She is still answering me but cannot give me any kind of time frame that they will be here. Just keeps saying they aren't ready yet and she is waiting for the USB she ordered to come in(which she said she ordered 5 weeks ago) |
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 "Hottie"
Posts: 1373
Location: Okemah,OK | If you live close, I'd be giving her a date (within a week or two) & tell her that I'd be there to pick up what she has..... Even if it's only the master copy. Then you can get them printed elsewhere and go after her for any money owed. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | whiplashranch - 2015-11-17 12:03 AM If you live close, I'd be giving her a date (within a week or two) & tell her that I'd be there to pick up what she has..... Even if it's only the master copy. Then you can get them printed elsewhere and go after her for any money owed.
I'm in Ohio, she moved to Florida in May and flew back here for the wedding. Seems like a lot of trouble to not send us the pictures :( I didn't even order actual pictures from her. All she has to do is put them on the USB and mail to me. |
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Don't Wanna Make This Awkward
Posts: 3106
Location: Texas | lexyy12 - 2015-11-16 11:16 PM
whiplashranch - 2015-11-17 12:03 AM If you live close, I'd be giving her a date (within a week or two) & tell her that I'd be there to pick up what she has..... Even if it's only the master copy. Then you can get them printed elsewhere and go after her for any money owed.
I'm in Ohio, she moved to Florida in May and flew back here for the wedding. Seems like a lot of trouble to not send us the pictures :( I didn't even order actual pictures from her. All she has to do is put them on the USB and mail to me.
Maybe send her an email asking if there is an alternative way to get you the pictures, maybe email or drop box? And say something like, "I think it would be best if we could settle this before the date listed on the contract to avoid any issues" I think that sounds firm, but not to the point yet where she would think of sabotaging your photo's..
I hate to say this, but I would start thinking you may never get those pictures.. Of course anything could happen, but so far this sounds like every other scam.. Just confusing on why she would show up and take the pictures and not hand them over?
I'm sorry you're having to deal with this, especially with somehting so special |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | outrundaizy - 2015-11-17 12:32 AM
lexyy12 - 2015-11-16 11:16 PM
whiplashranch - 2015-11-17 12:03 AM If you live close, I'd be giving her a date (within a week or two) & tell her that I'd be there to pick up what she has..... Even if it's only the master copy. Then you can get them printed elsewhere and go after her for any money owed.
I'm in Ohio, she moved to Florida in May and flew back here for the wedding. Seems like a lot of trouble to not send us the pictures :( I didn't even order actual pictures from her. All she has to do is put them on the USB and mail to me.
Maybe send her an email asking if there is an alternative way to get you the pictures, maybe email or drop box? And say something like, "I think it would be best if we could settle this before the date listed on the contract to avoid any issues" I think that sounds firm, but not to the point yet where she would think of sabotaging your photo's..
I hate to say this, but I would start thinking you may never get those pictures.. Of course anything could happen, but so far this sounds like every other scam.. Just confusing on why she would show up and take the pictures and not hand them over?
I'm sorry you're having to deal with this, especially with somehting so special
Thanks! I think I will send her an email tomorrow. It's just so hurtful to do this to someone! I can never have those pictures redone! I did so much research and checked reviews and everything before deciding on her. I never saw a bad review and everyone I talked to has really liked her. I guess recently she started doing all of this :( |
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Tried and True
Posts: 21185
Location: Where I am happiest | Sounds like Theft By Deception to me. Which btw is a felony. |
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 Undercover Amish Mafia Member
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Location: Kansas | have you already paid her for the photos? |
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 Party Girl
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Location: Buffalo, Wyoming | Did you pay her to fly out? If so it sounds like she got a free trip back home and may not have actually taken any pictures...
I hope for your sake she did, that is a day you can never get back! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos?
I paid a deposit when I booked her and then paid the remaining balance at the wedding. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | UTAHCANCHASER - 2015-11-17 9:36 AM
Did you pay her to fly out? If so it sounds like she got a free trip back home and may not have actually taken any pictures...
I hope for your sake she did, that is a day you can never get back!
No! I did not pay her to fly out here! I got a "sneak peak" on fb of my photos and I love the ones I've seen! But that is only 12 pictures! So I know she did take at least some! |
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Warmblood with Wings
Posts: 27846
Location: Florida.. | lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding.
I think I would not have paid balance until you picked up photos |
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 Elite Veteran
Posts: 1118
Location: The South | This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ??
I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day!
I hope you get your pictures!  |
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 I Don't Brag
Posts: 6960
| I may entirely wrong but it sounds like she may have lost them, like something happened to her computer. I hope not, for your sake. |
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 A Somebody to Everybody
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Location: Under The Big Sky Of Texas | lexyy12 - 2015-11-17 8:43 AM UTAHCANCHASER - 2015-11-17 9:36 AM Did you pay her to fly out? If so it sounds like she got a free trip back home and may not have actually taken any pictures...
I hope for your sake she did, that is a day you can never get back! No! I did not pay her to fly out here! I got a "sneak peak" on fb of my photos and I love the ones I've seen! But that is only 12 pictures! So I know she did take at least some!
Tell her you saw your pictures on FB and you want those that you saw. At lest get what you can from her. What a bummer you got took from her, shame on this person. |
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| Where was the contract signed? That is a big issue...as where ever it was singed is where you can file suit, or you may file suit in her county. You can not just file suit in your county because of its convenience to you. You may, however if she retains counsel they will motion for a dismissal for wrongful venue. If she does not retain counsel, and she is not a legal savvy person you may get away with filing in the wrong venue.
As for legal advice on the situation, if it is over $500 I would file a small claim. If it is under $500 I would let it go, it is not worth fighting.
If you do in fact file a small claim, you may not get your pictures, but only the money you are out of.....
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Expert
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Location: ohio-in my own little world with pretty ponies :) | LindsayJordan84 - 2015-11-17 10:26 AM This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ?? I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day! I hope you get your pictures!
At least you got your pictures!! I'm hoping I get mine....but it isn't looking good as the last 2 brides she booked and shot their wedding before mine still hasn't received their pictures. :( I had two friends get married after me, the weekend after and 2 weekends after and they both already have all of their pictures. Agh, this is so frustrating!! I'm trying to avoid saying anything to her that would make her destroy or purposely not give them to me. All the photographers around here require a deposit and the remaining balance due the week before the wedding. I only paid the day of because she flew in the day before the wedding |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | Warriors Mom - 2015-11-17 10:34 AM
Where was the contract signed? That is a big issue...as where ever it was singed is where you can file suit, or you may file suit in her county. You can not just file suit in your county because of its convenience to you. You may, however if she retains counsel they will motion for a dismissal for wrongful venue. If she does not retain counsel, and she is not a legal savvy person you may get away with filing in the wrong venue.
As for legal advice on the situation, if it is over $500 I would file a small claim. If it is under $500 I would let it go, it is not worth fighting.
If you do in fact file a small claim, you may not get your pictures, but only the money you are out of.....
We met at my parents house and signed the contract. Different county from me, but close. She was living in Ohio at the time also different county but has since moved to Florida. |
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Veteran
Posts: 274
| File small claim in the county your parents live in.
Does the contract have any stipulations, if a legal issue should arise ect... ? |
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Rad Dork
Posts: 5218
Location: Oklahoma | Bibliafarm - 2015-11-17 8:46 AM
lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding.
While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand.
OP, I hope you get your pictures! It's a really crappy situation to be in! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | Longneck - 2015-11-17 10:40 AM
Bibliafarm - 2015-11-17 8:46 AM
lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding.
While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand.
OP, I hope you get your pictures! It's a really crappy situation to be in!
You're right! Thanks! I hope I get them too! I hope all the people she scammed somehow gets them. |
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Elite Veteran
Posts: 1118
Location: The South | lexyy12 - 2015-11-17 9:35 AM LindsayJordan84 - 2015-11-17 10:26 AM This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ?? I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day! I hope you get your pictures!
I am so sorry, I really hope she comes through for you. One of the issues with mine was people would pay her for products (coffee table books, big prints, etc) in their packages and she would spend the money and not have any to order the products on her end. And I think she got so overwhelmed with business that she couldn't edit everyone's photos and had a meltdown. So maybe your person is just behind and she'll get it together. Or at least give you the cd with your pics, even if they aren't edited. I don't know how people sleep at night knowing they are screwing people over. And it's not like this stuff was cheap! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | LindsayJordan84 - 2015-11-17 10:59 AM
lexyy12 - 2015-11-17 9:35 AM LindsayJordan84 - 2015-11-17 10:26 AM This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ?? I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day! I hope you get your pictures!
I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work. |
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 Toastest with the Mostest
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Location: That part of Texas | Warriors Mom - 2015-11-17 9:34 AM Where was the contract signed? That is a big issue...as where ever it was singed is where you can file suit, or you may file suit in her county. You can not just file suit in your county because of its convenience to you. You may, however if she retains counsel they will motion for a dismissal for wrongful venue. If she does not retain counsel, and she is not a legal savvy person you may get away with filing in the wrong venue. As for legal advice on the situation, if it is over $500 I would file a small claim. If it is under $500 I would let it go, it is not worth fighting. If you do in fact file a small claim, you may not get your pictures, but only the money you are out of..... The highlighted portion is not true under basic principles of venue/jurisdiction law for almost any state. It's not where the contract is signed but where performance (or non-performance) takes place that usually controls that issue. Some contracts do have certain provisions saying if litigation occurs, it must take place in "x" state or "x" county when it comes to filing suit but generally it's where things happen that controls where you can file. Otherwise you can file in the county they live in or at last resort, the county you live in.
When it comes to serving someone who doesn't live in state, you have to get past issues of whether or not they have had sufficient contacts with that state/area to be required to answer a suit or be subject to a judgment against them by that other state. With the photographer coming to the wedding and taking pictures in that particular place, she has probably subjected herself (minimum contacts) to being sued for non-performance of the contract in that county/state so suit could probably be filed there. With that being said, there may be a local or state law that says differently but generally all 50 states operate on those basic concepts of venue/jurisdiction requirements.
Edited to clear my rambling up: If you are going to file against her, file in the county that the wedding and her photo taking took place because that's where you have the most success at defeating any venue/jursidiction issue she wants to bring up. By taking the photos there, she subjected herself to being sued in that State and that place. Her only recourse would be to basically say her non-compliance took place in Florida and that she could only be sued there but then again, she'd have to admit that she didn't do as contracted so I don't see that happening.
Edited by Red Raider 2015-11-17 10:36 AM
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Elite Veteran
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Location: The South | I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work.
Oh heck no, I don't know how you've kept your cool with her. I would've lost it by now. I was like you for awhile though and I totally understand because it's so scary to think that they could just delete your pictures and disappear. We got married June 2009, my MIL ordered several pictures off the website and got them in no time so I didn't see any red flags. She kept making excuses for not having the cd and book ready, so I let it slide. We were in our last years of pharmacy school so I was too tired to fight I guess lol. So we bought our house December 2010 and I wanted to decorate with our pictures, and by this time I knew about her being on the news so the gloves came off. I became a stark raving lunatic and blew her phone up and said things I would normally never say. So February 2011 I finally got the cd and the rights to the pics. I hope and pray that you don't have to wait so long to get your pictures! I'm sorry for typing out a novel on here, I got all fired up all over again. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | LindsayJordan84 - 2015-11-17 12:07 PM I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work. Oh heck no, I don't know how you've kept your cool with her. I would've lost it by now. I was like you for awhile though and I totally understand because it's so scary to think that they could just delete your pictures and disappear. We got married June 2009, my MIL ordered several pictures off the website and got them in no time so I didn't see any red flags. She kept making excuses for not having the cd and book ready, so I let it slide. We were in our last years of pharmacy school so I was too tired to fight I guess lol. So we bought our house December 2010 and I wanted to decorate with our pictures, and by this time I knew about her being on the news so the gloves came off. I became a stark raving lunatic and blew her phone up and said things I would normally never say. So February 2011 I finally got the cd and the rights to the pics. I hope and pray that you don't have to wait so long to get your pictures! I'm sorry for typing out a novel on here, I got all fired up all over again.
Oh my goodness, that's crazy!! It's ok, I totally understand! I'm trying so hard to keep my cool, once we go passed the contract date....ITS ON! |
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 Born not Made
Posts: 2931
Location: North Dakota | I don't have any advice for you but just want to say I am so sorry you are going through that.
I can't imagine if I hadn't gotten my wedding pictures. Pictures of your special day are such a special thing.
Good luck!!
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 Love Me Some Robert Redford
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Location: WV | that sucks... sorry! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | r_beau - 2015-11-17 12:24 PM
I don't have any advice for you but just want to say I am so sorry you are going through that.
I can't imagine if I hadn't gotten my wedding pictures. Pictures of your special day are such a special thing.
Good luck!!
Thanks! I'm definitely praying she actually sends them to me unlike some of the other brides... |
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Warmblood with Wings
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Location: Florida.. | Longneck - 2015-11-17 10:40 AM Bibliafarm - 2015-11-17 8:46 AM lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding. While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand. OP, I hope you get your pictures! It's a really crappy situation to be in!
I forgot times have changed.. back in my day we paid deposit and paid when we reviewed and ordered |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | Bibliafarm - 2015-11-18 9:03 AM Longneck - 2015-11-17 10:40 AM Bibliafarm - 2015-11-17 8:46 AM lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding. While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand. OP, I hope you get your pictures! It's a really crappy situation to be in!
I wish it was still that way! Then your almost guaranteed to get what your paying for because then they wouldn't get paid. |
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 Elite Veteran
Posts: 1077
| IF she is "waiting" on the USB that she ordered, then go do that for her. Go purchase a USB, mail it to her via priority mail. Rquire a signature for delivery. She will then have a USB in hand. Maybe thay will help motivate her into loading your pictures on there. Let her know you are needing to get some prints made. Send what she has ready and even offer to be ok with un edited pictures. I know that is not what you paid for but would be better then nothing. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | shorty2004 - 2015-11-18 11:23 AM IF she is "waiting" on the USB that she ordered, then go do that for her. Go purchase a USB, mail it to her via priority mail. Rquire a signature for delivery. She will then have a USB in hand. Maybe thay will help motivate her into loading your pictures on there. Let her know you are needing to get some prints made. Send what she has ready and even offer to be ok with un edited pictures. I know that is not what you paid for but would be better then nothing.
I guess she ordered a custom wooden USB with our names on it and our wedding date. I'm totally ok with just a plain disc though.. |
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OT- calling all LAWYERS or ATTORNEYS