- Jurisdiction
- Alabama
What type of lawyer do I need to find? And does the photographer have grounds to sue or is my case and actions completely legal?
Is this even worth fighting (doesn't look like he is giving me a chance to get out of it anyway)
Background:
1) I hired a wedding photographer on wedding wire in 2019 for a 2020 wedding
2) COVID hit and wedding rescheduled to March 2021 with no issue with photographer
3) Day of wedding photographer never showed. Myself and friends/family members tried calling repeatedly. I emailed. I even messaged in Wedding Wire.
4) Very late that night one of my friends got a angry call from someone claiming to be wedding photographers brother. Told me my photographer was in a bad wreck and his son died. I offered condolences and told him that I will be going on honeymoon for a week. Have him reach out to me next week to work out reimbursement.
5) Got home from Honeymoon and let a week go by. Photographer never called.
6) Following week I called Monday, Wendsday, Thursday and Friday. No answer or reply. On Friday I got a subscriber can not be reached message.
7) Today, I decided to check their website to see if that was gone too. It was there and called number on their site. Noticed it was not the same number as before. This time I could leave message.
8) Several hours go by. I now leave a negative review (but wedding wire said I already left one, but somehow still posted). Photographer calls me almost immediately finally.
9) Phone call:
- He asks if someone has been calling him
- I tell him I am calling about my refund
- He tells me I signed a Acts of Nature clause making either party not responsible & says that he will not issue a refund until I have my wife's negative review removed (I wasn't even aware she left one)
- I tell him that I do not feel comfortable doing that because at the very least there needs to be a emergency number we can contact and have a chance at getting a new photographer quickly
- He tells me if I don't take it down he will sue me
- I told him that was unfortunate and will do the same if that is what he wants to do
10) To de-escalate, I had wife alter review to only focus on them not having an emergency number. I believe her original review stayed the photographer was a no show due to "family reasons" and no one contacted us.
11) He emails me later tonight
- Now claims I electric signed a Force Majure clause and explained that my wife's review and now mine are going to be in his lawsuit
- I told him that we have altered my wife's review and is no longer bound to Acts of God and I remove mine that I did not realize even posted. I again asked for a refund.
12) He sends another email saying he will be seeing me in court.
Is this even worth fighting (doesn't look like he is giving me a chance to get out of it anyway)
Background:
1) I hired a wedding photographer on wedding wire in 2019 for a 2020 wedding
2) COVID hit and wedding rescheduled to March 2021 with no issue with photographer
3) Day of wedding photographer never showed. Myself and friends/family members tried calling repeatedly. I emailed. I even messaged in Wedding Wire.
4) Very late that night one of my friends got a angry call from someone claiming to be wedding photographers brother. Told me my photographer was in a bad wreck and his son died. I offered condolences and told him that I will be going on honeymoon for a week. Have him reach out to me next week to work out reimbursement.
5) Got home from Honeymoon and let a week go by. Photographer never called.
6) Following week I called Monday, Wendsday, Thursday and Friday. No answer or reply. On Friday I got a subscriber can not be reached message.
7) Today, I decided to check their website to see if that was gone too. It was there and called number on their site. Noticed it was not the same number as before. This time I could leave message.
8) Several hours go by. I now leave a negative review (but wedding wire said I already left one, but somehow still posted). Photographer calls me almost immediately finally.
9) Phone call:
- He asks if someone has been calling him
- I tell him I am calling about my refund
- He tells me I signed a Acts of Nature clause making either party not responsible & says that he will not issue a refund until I have my wife's negative review removed (I wasn't even aware she left one)
- I tell him that I do not feel comfortable doing that because at the very least there needs to be a emergency number we can contact and have a chance at getting a new photographer quickly
- He tells me if I don't take it down he will sue me
- I told him that was unfortunate and will do the same if that is what he wants to do
10) To de-escalate, I had wife alter review to only focus on them not having an emergency number. I believe her original review stayed the photographer was a no show due to "family reasons" and no one contacted us.
11) He emails me later tonight
- Now claims I electric signed a Force Majure clause and explained that my wife's review and now mine are going to be in his lawsuit
- I told him that we have altered my wife's review and is no longer bound to Acts of God and I remove mine that I did not realize even posted. I again asked for a refund.
12) He sends another email saying he will be seeing me in court.
Last edited: