Photography Contract

B

bdavis3718

New Member
Jurisdiction
New York
About a month ago I booked a photo shoot with a photographer as a gift for my soon to be husband. She went over package pricing with me on the phone, many of which I said were too expensive, she then said she would work with me on a price. I paid the deposit, and a few weeks later proceeded with the shoot. At the end of the shoot she was extremely pushy trying to make me purchase one of her several thousand dollar packages. I repeatedly told her that I could not afford them and she eventually priced out a package at $2,500 with payments of $150 per week until my wedding. The whole situation made me feel extremely uncomfortable. I felt as though I couldn't leave without settling on something.

My stupid move was signing what I guess was a contract in my post photo shoot champagne haze, although, I never was provided with a copy or had any terms or conditions explained to me. A matter of two hours later I went home, did not feel right about spending that kind of money on a gift and sent her an email asking to cancel the purchase.

She called me the next day, we talked about why I cancelled, she offered me a package for $1,200 which I declined stating that again it was too expensive and that I would probably just go elsewhere for a cheaper package and she told me that was fine and that she would touch base with me in a week to see if I had changed my mind.

So, as far as I know, she accepted my cancellation. Then I was charged another payment towards the services that I had cancelled. I asked for a refund and sent a notice of revocation of rights for them to stop charging any and all debits in the form of automatic payments to the card they have on file. After that, I cancelled my card while I seek legal advice on if there is anything that can or should be done at this point.

Sorry for such a long inquiry, I was just wondering if someone could offer me some expertise and advice on how to handle the situation.

Thank you,

Brianna
 
bdavis3718 said:
My stupid move was signing what I guess was a contract in my post photo shoot champagne haze, although, I never was provided with a copy or had any terms or conditions explained to me.
Click to expand...

Post photo shoot champagne haze? You were getting drunk while you were having your photo taken? And you didn't have anything in writing until AFTER the photo shoot?

bdavis3718 said:
I was just wondering if someone could offer me some expertise and advice on how to handle the situation.
Click to expand...

Not a lot anyone can tell you without a clear description of the verbal agreement(s) you made and without knowing what the contract you signed says.

You told us that, at some point, you paid a deposit. How much? What were the terms of the deposit? Did you pay by credit card or some other means? What was the date of this payment?

Then, after the photo shoot, you agreed to a $2,500 package and apparently signed a contract, but you apparently don't have a copy. What was the date when all this happened?

You told us that, a few hours after the photo shoot, you sent an email asking to cancel. Then you got a phone call, but it doesn't sound like anything was agreed during that call, although you told us that you interpreted it as acceptance of your cancellation. Why did you interpret it as such?

You were then charged another payment. How much, and when? How much total have you been charged? Have you actually received any photos?
 
zddoodah said:
Post photo shoot champagne haze? You were getting drunk while you were having your photo taken? And you didn't have anything in writing until AFTER the photo shoot?



Not a lot anyone can tell you without a clear description of the verbal agreement(s) you made and without knowing what the contract you signed says.

You told us that, at some point, you paid a deposit. How much? What were the terms of the deposit? Did you pay by credit card or some other means? What was the date of this payment?

Then, after the photo shoot, you agreed to a $2,500 package and apparently signed a contract, but you apparently don't have a copy. What was the date when all this happened?

You told us that, a few hours after the photo shoot, you sent an email asking to cancel. Then you got a phone call, but it doesn't sound like anything was agreed during that call, although you told us that you interpreted it as acceptance of your cancellation. Why did you interpret it as such?

You were then charged another payment. How much, and when? How much total have you been charged? Have you actually received any photos?
Click to expand...

I did not have a single thing in writing until after the session. A friend of mine came with me and we did drink champagne throughout the session.
I have yet to be given a copy of the contract. While on the phone with the photographer the next day I told her that she could keep everything I paid which was the $200 deposit and the $150 as the first payment towards the package and have the rights to use any of my images for advertising and portfolio use. I also told her that I would be using someone who had more affordable packages to which she told me that was fine.
The $200 deposit I paid was early in June. I could look up the exact date if need be. The $150 was paid on July 19. Both payments were on the same credit card.
The next time a payment was charged was $153 one week later as another payment towards my package which they refunded while I am in the process of trying to cancel.
I have paid $350 so far which was the $200 session fee and the $150 towards the images. I have not received any images at this time.
 
You're probably still within the time to dispute the charges with your credit card issuer. Of course, there's no way to opine intelligently about whether the card issuer will accept your dispute. I suggest you ask the photographer to send you a copy of the contract you signed.

However, the probable outcome here is that you'll have learned a $350 lesson.
 

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