Should I sue my photographer? (asking again in hopes of more responses)?

Question

My wedding photographer says that the pictures of my ceremony didn't turn out, that they were too dark b/c she had to go to the balcony of our church to get pictures since our pastor waived her hands and said no to her at the start of the ceremony. Our pastor said this was b/c she was using flash, and she was told there was to be no flash in the church. If the photog would have turned the flash off and took pics from the lower level they would have turned out!
Plus we have video of her taking pictures pre-ceremony 5ft away from people (with flash!) and they aren't included on the CD of pictures she gave us, that's supposed to have every picture she took on it.

I have emailed her 3 times asking her to give us the pics, and I sent her a letter stating we wanted every single picture, even the ones that are too dark. I don't want money, maybe a refund but really I just want my pictures!

If I sue her could I just sue for my pics? Or could I only sue for a refund?

Additional De

She was using a digital camera, that's why I don't understand how the other pre-ceremony pictures turned out, but not specific ones we saw on the DVD my husbands sister took.

We contacted through email since she is in a different state, and I have already printed out every email between us from the very first one to the last 3 requesting my pics. I also made a copy of the signed letter my and I husband sent her requesting one final time, and we did send it registered, so we know that she has recieved it.

But if we take her to small claims we can only sue for money, not our pics right? We got her on a specail and only paid $500, so it's not really worth the refund, we want the pictures of our wedding. :(

Just to clarify, I have talked to her by phone first (since she is in another state) and in the converstation she told me that our pastor told her before the ceremony that she couldn't use flash, and I stated in that converstation as well as every other attempt (letters and emails) that I know the pictures aren't usable for an album, but they're pictures of our wedding and irriplaceable memories and we would like them b/c of thier sentimental value to us.

It just states that we will get a DVD with all the images on it.

So that could mean, all the images she chooses or every single image, it's not real clear, but since it's not specific my guess is that it means every single one.

Answer 1

You have a several issues here. One is that you have a he said / she said thing between the Pastor and her. Two is that you haven't said if you have a contract, and if so, did it guarantee that you would get ALL photos ... good bad or indifferent. Three is that creative people such as professional photographers have a right to control the quality of the work that carries their name. Four is that you are using a very impersonal means (e-mail) for a very personal plea. Five is that although your goal would appear to be the pictures more than anything, but the way you are going about it is all wrong.

Maybe the Pastor did tell her no flash in the church ... and maybe he didn't. Maybe he didn't make it clear that she could stay on the lower level as long as there was no flash. Maybe he did tell her but there was something about that area that she felt would interfere with the images. Professional wedding photographers usually know their stuff. I'm not saying your Pastor is lying, but it sure sounds like there was a miscommunication somewhere. You appear to be placing the blame on her, yet you did not hear the exchange between the two of them for yourself.

What does your contract say? Does it say that you have a right to every single photo taken that day ... test, overexposed, underexposed, etc ... If it does, you have the right to those photos. The photos you have video of her taking could have been test shots. Or it could be a quality issue with those shots.

Photographers don't have a duty to release any photos that don't showcase their work properly. I totally understand how you feel, but if the photos don't meet certain standards as far as the quality of her work, I don't think you can force the point. Their livelihood depends on the quality of their work that is put out under their name and they have a right to protect that.

Your best shot (pun intended) of getting these photos is by making a personal appeal to her. Perhaps she will release them without it being branded as her work. Call her up (no more e-mail! You have been relying on an impersonal manner for a personal plea) and tell her that you understand she has standards for her work, blah blah, but that you really would like to see these photos as it is the only photographic record of the event. Ask her to send a few to you. Maybe they are so dark that you really can't see a thing, but it wouldn't hurt to look for yourself. Maybe once you see the shots, you won't want them. You are assuming that the photos are something other than orange brown fuzzy blobs. If you can actually see something (no matter how badly), explain to her that although they are just bad shots to her, they mean the world to you and ask her to release them in a form that isn't associated with her name.

She probably hasn't responded because she feels that you are either asking for something that you don't have a right to or because she feels that you want to place the blame on her. Maybe it was all her fault, maybe it wasn't. In any case, even the slightest hint of blame, accusation or demand coming from you is going to put her on the defensive. If you want the photos more than you want to point fingers, try my approach.
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ok, I saw your update. What does your contract or written agreement state? Does it state that you have a right to every single photo taken by her at the event or only the ones she deems are usable and of high quality?

Answer 2

Send a registered letter . Some people delete email .You could probably take the photog to small claims ; but If I were you , I'd ask the photog to have a re-shoot with you and your wedding party and close family / and /or friends .Have a small reception . Any reputable photographer should find that reasonable ..and it would be fun . The arrangements in the church should have been stated prior to the ceremony to your photographer-so she isn't entirely to blame . Communication was faulty somewhere along the line. Maybe the church will donate the use of the hall for the re-shoot , taking all things into consideration .A refund won't hold many memories years from now-but wedding pictures / in full attire - will mean much more and be something to laugh about with your children and grandchildren . Be sure not to trivialize it with an email to all concerned -like the pastor and the photographer . Send registered letters requesting a return receipt , so they don't dismiss you . RSVP invitations to the rest . If I were you , I would check with your guests , as I've never seen a wedding where somebody in the church didn't snap pictures . Ask for copies . I would also ask the photog if she would prefer that you re-shoot with another photographer and send her the bill -on the second request if she has not responded . If not , re-shoot anyway , it's worth it to recapture whatever you can from your special day -then take her to small claims .

Answer 3

I've never heard of a school taking away an acceptance offer once it is made. I think most schools just look at the info that was available at the time she applied and won't even be aware of the D grade. I think the only way an offer might be un-made is if she dos not graduate from high school. Tell her to stop sweating it. Of the schools you mentioned, I think Univ.of Chicago is the best school unless, she wants to go into engineering where Purdue and Ohio State have great programs. She should also think about where she would want to live after college graduation because she'll make a lot of connections in the town where she goes to school and that city would have the best opportunities for a future job.

Answer 4

Rather then suing her in small claims court (which is still an option) why not contact the Better Business Bureau. They can investigate your claim against her and can act as a go-between to try and get your pictures back and/or your money that you paid to her. It can also put a mark on her record, so that future brides are not had the way you were. Most businesses or self employed persons will give in to demands just at the mention of involving the Better Business Bureau.

My husband and I ran into the same thing with our videographer. At first he wasn't going to give us our video, and then what we ended up getting was a grainy, blurry, and dark video that you couldn't hear at all and could barely see. We watched it once and I think it's sitting in a box in our basement. We never attempted to get our money back from him, but we did make sure all of our friends knew to look elsewhere.

Check out this website: http://www.bbb.org/

Answer 5

I would say that you have a case against the photographer. It boils down to basic customer satisfaction. As professionals in the business they should have known at that point what they needed to do to make the pics turn out without using a flash. Also, they should have brought the matter to your attention at the very moment that they realised that they were having a serious problem.. After all it is your wedding & you cant get another chance to take the same pics. They seem to have dealt with the matter in a very unprofessional manner & you should be compensated for your losses & damages.

Good luck & congrats on your wedding!!

Answer 6

You should sue...small claims court. I would sue for a full refund. It sounds to me like she isn't very professional. Because of her mistake you miss out on your wedding memories, that's not right. She should of been more prepared and if she has shot weddings before, she should have known the precedure.

Answer 7

Talk to a lawyer for advice. They usually will allow a free consultation. FYI: I would always check with the Better Business Bureau where someone's business is located before letting them do anything for me. It's too late now, I know. I hope you've learned from your experiences.

Answer 8

You can go to small claims for the pictures. In your complaint, state you want the pictures (bad pictures are better than no pictures), or in the alternative, a refund.

Answer 9

I would take them to small claims court. That is sad that your wedding memories are ruined, but maybe you can get your money refunded. Sorry this happened.

Answer 10

Most attorneys charge no fee for an hour consultation. See if you can find one who specializes in lawsuits to see if he thinks you have a case & should go forward in the small claims court.