Payment problems, a bit long

Steven -

You don't mention if you have a contract or not... Always use a contract. Period. No Contract, No show up for photos.

My guess is that you don't have one, which will quickly turn into a he said / she said in court (if it gets that far). There I'd say your chances are 50/50 at best, since the couple didn't hire someone to do the photography because they were relying on you to do that.

You arrived "hours early" - How early? (not that it really matters) - 2 - 3 hours early is considered the norm for casual getting ready shots plus formals (if done before the wedding) and it's not unusual for nothing to happen for an hour or two after the wedding - depending on the reception plans. I've had only one couple that went immediately from ceremony to reception mode (and that was because it all was in the same room...long story) Most couples will take an hour or two to decompress and drive around (have a drink or three) between the ceremony and reception. Some want formals done in this time, since they don't want to see each other (yes that still happens) before the ceremony.

Point is - as the photographer - you're not done when you think you are... you're done when the contract says you are or the bride and groom say - okay. Again all of this is spelled out in the contract and through conversations with the bride and groom or if one of them doesn't want to play, I talk to the other. Usually one of them will play nice... If it starts out that they don't want to worry about photos, I start suggesting things to them... That will either get agreement or a reaction. Either way I win.

Long answer...bottom line at this point, assuming no contract - you can fight on and lose them as friends and also possibly get bad word of mouth advertising. Or agree to their terms that the groom has proposed and chalk this one up to the school of hard knocks. (Personally, I'd go for the latter...It might be an expense lesson, but it's a good one!)

Dave

Was there a contract? Was any money exchanged? She may not have a case if you were not compensated for your services. You can go one of two ways. You can keep the wedding images until you are properly paid and risk her badmouthing you or you can give her the photos and move on (and chalk it up to a learning experience).

There I'd say your chances are 50/50 at best, since the couple didn't hire someone to do the photography because they were relying on you to do that.

He didn't skip the wedding. He took the photos. He's just refusing to turn over the photos from the wedding until he has been paid for the expenses incurred from the photos he's already given them and the expenses from shooting the wedding. It's extremely unlikely that any judge is going to rule that he has to turn over all the photos for absolutely no payment just because the bride has decided she doesn't want to pay. Even without a written contract, the couple will probably have a hard time convincing the judge that the deal was "he's going to shoot our engagement and wedding photos and give us a number of prints, and in return, we're going to give him nothing but verbal abuse."

I can't imagine a judge ordering you to provide images for free. I would think it's obvious that there has to be an exchange of payment - however meager it is - for services and that unless specified, neither party is obligated to come up with its share unless the other does too. I'd hold those pictures tight. But, especially since there's no written contract (many verbal contracts under a certain amount of money are valid) the best thing to do is check with a lawyer. As far as bad publicity, yes, there'll be some of that, but you sometimes have to do what's right.

I would set a date two weeks from now and tell them that if payment is not received by then, all images will be deleted (don't actually delete them though).

If they pay up before then, give them the images. If they contact you after the date, it's your decision to either tell them they are too late or negotiate further depending on how you feel.

It sounds like you have put yourself in a bad situation by not having a contract that spells out the terms of your agreement (start and end times for coverage, costs that the B&G will pay, etc...) and not communicating well with the bride and groom during the event. From your recounting of the story, it sounds like you left the wedding without speaking to the B&G first... I would suggest that if you have taken all of the photos you are contracted to take and you are ready to leave you always check with the B&G and make sure they are happy before you pack up. Also, leaving the rehearsal dinner because your girlfriend is sick sounds like you were treating the event more as a friend who does photography than as a pro.

Assuming no contract I would negotiate an agreement with the groom (since he sounds willing) and call the loss tuition. Forget the one night at the hotel, cut the fuel costs to something you can all agree to meet and give them the photos in exchange for the check. You have stressed that it is a very small amount you are looking for so even if you split it 50:50 I would assume your loss would be very reasonable.

Post negotiations (I've a few), it would be unwise, in my opinion, to take a personal check. I prefder, at that point, to have cash, money order or bank check. The client can put a stop order on a personal check.

Sure she could sue you but that costs money --whcih they don't seem to have.

My advice?

Don't negotiate, and don't delete anything. Be a man, suck it up and eat the expenses (considerate it a cheap education) and just give them everything you have , all of the originals and generously wish them a happy life. Given the level of BS and abuse and mixed messages you've gotten so far fro m the couple all communications fro mthis moment forward from you should be in writing (you've already learned the folly of verbal communications in business deals, haven't you?). Clearly they already have deep seated communications problems.

As a professional, it doesn't matter that your girlfriend got sick orthat they told you that "pictures were the lastthing on their mind, or that yo uwere only doing it for "expenses" or any of the other excuses you've given for doing less than a professional job.

Finally, don't even think about using the photos of their wedding to market yourself with either; that would just be begging for more trouble.

Personally, I feel that they have received more than enough for free. No money, no additional photos. I don't reward people that act that way by giving them what they want. I may attempt to come to an agreement that benefits both parties (say, discount what they owe you by a certain amount to let them feel they are getting something if you feel you don't have a case or don't want to mess with it) but rolling over and giving in to threats and demands isn't really professional either. Business owners don't just walk around giving out things for free to everyone who complains and stay in business.

As mentioned, cash or money order only, and I'd have them sign something at the time of payment indicating that the agreement has been fulfilled and no further services are promised or expected on either party's behalf, and that agreement supersedes any prior verbal or written agreements.