Client Dispute Photography Services

Summary

Verbal agreements in Indiana can be enforceable. Text messages and witnesses can support your claim. Without a contract, proving the agreement may be challenging. If the reception was not included in the agreed services, you may not be obligated to refund. Photographers generally retain copyright to their photos. If a full refund is issued, you may request the return or deletion of the photos. Consult a local attorney for personalized advice.

Full Conversation

im having a civil issue with my photography business and a client family member i had agreed to take photos in a bundle pack a year before the actual wedding i had agreed to do wedding and engagement no reception was mentioned at the agreement i was only making them pay * for the bundle she was texting me ideas for the wedding i said i could do or see if we could a two days before the wedding i was informed by a mutual freind they werent allowing children for workers i was having issues finding a sitter at such short notice as bride was a freind of mine as well so i asked if i couldnt find one if i could bring them and id have no choice to bring my youngest as he is breastfed she said that it was fine the day of the wedding i had asked when to be there she said * no one showed til an hour later i had even text her again i had brought the youngest baby due to breastfeeding before she showed up i made sure he was with me and quite the whole ceremnoy i got all wedding party photos besides one or two that was requested and the ideas we had discussed couldnt be done due to rain and i did not want to damage my equipment after wedding was done my daughter had an injury so i left home before reception that i had no agreement of even doing i dilevered the photos the day after the wedding made special edits that she wanted now grooms cousin is requesting i refund due to bringing the baby and not covering the reception i never agreed to do and had said the party was taking care of my child when i have witness stating i took care of him the whole time and then was claimed i had to be told get certain photos eye witness said i never did and said i was on my way to get it when complaintee had said to get them she also claimed i was standing around alot when i was actually taking ppictures with one hand as my camera captures photos with touch screen capability she also claimed i should have put my motherly duties aside when my daughter got hurt and continued a reception i again never agreed to
Thank you for sharing the details, Mikayla. Can you confirm if you have a written contract with the client that outlines the agreed services and payment? This will be important to determine your legal standing.
i do not have a contract as it was a favor for a freind but i have all our converstaions including complaintee she gave me cash in hand that day and i have eye witnesses i also spoke to other professionals around my area and they said i should have charged more then i did
Based on the information you've provided, here are a few points to consider:
- In Indiana, verbal agreements can be enforceable.
- Evidence like text messages and witnesses can support your claim.
- However, without a contract, it might be difficult to prove what was agreed upon.
Please consult a local attorney for personalized advice.
with having the text wrote out clear as day weeding and engament bundle does that help me since reception was never mentioned
Yes, clear text messages stating the agreement can be supportive evidence in your case. Though not as strong as a written contract, they can help establish what was agreed upon. Please consult a local attorney for personalized advice.
should i have to give a refund since it was not stated i had to do the reception and it was not in our text agreement
Based on the details you've shared:
- If the reception was not included in the agreed services, you may not be obligated to refund.
- However, it's advised to seek legal counsel to review the text exchanges and other relevant evidence.
Remember, this is general advice and may not fully apply to your situation.
if i do give refund can i request phtotos to be delted as they are under copyright laws and not let them have access to them
Here are few points to consider:
- In general, photographers own the copyright to their photos.
- If you refund, you may request deletion of photos.
- However, this can be complicated if the client has paid for them.
Please consult a local attorney for personalized advice.
but if i give the full amount she paid me back then she would b recieving a full refund and which means she wouldnt have paid for them at all and id loose my rihts to the photos cause she would have gotten them for fre
If you refund the full amount, the client technically hasn't paid for the photos. However, the legalities around retaining photo rights after issuing a refund can be complex. Please consult with a local attorney for advice tailored to your situation.
what are the rights to retainging photos after issuing full refund in the state of indnana
In Indiana, as a general rule:
- Photographers retain the copyright to their photos.
- If a full refund is issued, you may request the return or deletion of the photos.
- However, the legal details can vary based on the specifics of the situation.
Please consult a local attorney for personalized advice.