Photographer disappeared.

First of all, the $3,500 included the engagement shoot (which is equivalent to $500+ depending on how much time was spent) and you received those pictures. Then, you decided to pay extra for your minimony rather than use money you had already given and they delivered on those and you were happy. The photographer has kept his end of the deal/contract thus far and isn't the one cancelling, so I'm not sure why you feel entitled to receive a refund. At this point you have approximately $3,000 in credit that you could use for family portraits (now that you have a daughter) or for other events.

View Quoted Comment Hi Jim, odd to see you responding in seconds when the direct email has been weeks. So here we are.


I’ve actually written asking for the option of newborn and family event photos until we worked out the difference, I didn’t hear anything. Now, I understand your company to be a fantastic wedding photography company. But you as well as I know just because a photographer is amazing at weddings, that skill set may not transfer over to newborn, christenings, landscapes, real estate, product etc as there’s no jack of all trades photographer. I also took into account that it’s plum not worth it for you. Let’s assume we agree to fill a calendar day with a christening in a few months. You say, great it’s $500 and it’ll come out of the $3500 (which, for now, lets say $3000 because of the engagement shoot) But then a wedding or two comes up. And somehow a photographer or two gets sick or wins the lotto or car won’t start, who knows, life, so now you’re canceling or missing larger opportunities to get photos for a few hours. I wouldn’t tell you how to run your business as you clearly run a successful sought after company, but from my stand point, it’s not worth it for you to do that. If you want to do newborn photos. Awesome. If you want to do family photos. Awesome. If you wanted to send someone to our place and we have a cookout and you just take family photos, awesome. If you want to say, hey you paid $3500. I’m keeping $1000 for the engagement. And then I’m keeping $500 just because. I’d still say awesome. I actually wrote saying I don’t expect everything back as that’s unfair and I understand your business, like many others took a hit so let’s work or a number. But I wrote weeks ago. No reply. I gave every option I could think of, crickets. I wrote to you today, giving more options as time passed and new things popped into my head. In the time between then and now, I’ve still recommended you, given the couples wedding isn’t canceled because of a worldwide pandemic. I stand by the belief that you (employees as well) are the best in the business. And are dollar for dollar, the best possible option as a wedding photographer(s). In California and if your willing to travel, elsewhere.
Hence, I kept trying to work with you on different ways to work this out. But when there’s no response for weeks on end, I’m not sure what action you’d expect me to take. I figured anonymously asking people their opinions without naming you guys is/was better than sending certified letters, disputing transactions, altering reviews out of spite, dragging in money hungry lawyers who overly complicate things because that’s what they do.
Honestly, had you wrote back a month ago, saying hey, seen the email, can’t give money back because business was tough so once you’re ready, bring the family in, let’s do it. Here’s a price sheet. Don’t expect the best because it’s not our wheelhouse but we can do a shoot every month until we’re square and you’ll get pictures you’ll love forever. If weeks ago or even today anyone replied with that, that would have been it. I’d be happy as clam. But, now, honestly, you don’t think sending a photographer to shoot us and telling them this situation they won’t arrive with a preconceived idea and be a little on edge? I would.
So email me. Let me know what works best for you. What other kind of shoots are options. What the companies schedule is, because I get it, events were gone, and sure they’re coming back, who knows if it’s for good or for the season. So just because you have an open day doesn’t mean I expect you guys to shoot a family get together of mine when you could be doing a wedding or something else.
But you have my email, it’d be nice to hear from you there instead of here.
Kindly,Derek

View Quoted Comment I think you’re assuming that the first comment belongs to the photographer, but the individual who commented is a regular poster on these forums and is not the owner of the photography business you’re working with. Vendors aren’t allowed to comment on these forums. So you’re being unnecessarily aggressive toward someone who has nothing to do with your photographer issue.


As for the refund, have you tried to call instead of e-mailing or visiting if they have a brick and mortar location? The issue you’re going to have with the language you wrote from your contract is that the photographer isn’t failing to comply with the terms of the contract- you are. Does the contract say what you’d get back in the event that you cancel?

Ugh such an annoying situation to be in! And one I have heard from a lot of people. Unfortunately. As PP stated the clause in the contract you listed is unrelated to the situation. You need to find the part of the contract that states the penalties of you cancelling.


I am really sorry this is happening to you because it’s not a small amount of money to lose. Even if you get nothing back, they should at least have the decency to answer.
This is why I am happy my vendors do not accept payment (outside deposit) until day of.

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I agree with this, unfortunately I don't think that you are entitled to a refund if you are the one who cancelled.

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100% correct here.

"...if the photographer fails to comply with the terms of this contract due to any event or act outside the control of the photographer, the photographer’s liability is limited to deposits and other amounts paid."

The photographer didn't fail to comply. You did. The photographer actually has been very flexible and accommodating and done everything in their power to fulfill their contract. You are the one breaking the contract.

There is no "lawyering up" here. You moved the contracted dates, and now you're cancelling your contract. You aren't entitled to any refund.

As the others have said, you are the one breaking the contract here, so you are not entitled to a refund. In fact, you’re also not entitled to any amount of “photo credit” — it would be VERY nice of them if they went out of their way and provided this for you, but, you weren’t contracted for “3k of miscellaneous photos” you were contracted for “8 hours of 2 shooters at your wedding and an engagement shoot” , and so, that is the ONLY thing they owe you. It would be a lovely favor if they took other pictures for you, but it is definitely not their job to do so.


It is unfortunate that you can’t get that money back, it’s a big sum so it definitely stinks. However it is important to remember that it was YOUR choice to cancel, and your choice to pay out that $800 instead of using the money you had already paid in. So, there’s no law suit to get the refund, and if you do take it to reviews, you open yourself up to them seeking legal action against you for defamation of character.

I agree with Eniale. This is on you, unfortunately. If they want to credit you that’s nice of them but not required.

I agree with PPs that you're the one who is breaking the contract and that they don't owe you anything.

Also, it's wedding season right now, meaning they could be VERY busy dealing with clients who are actually having events which could be part of the "radio silence"

View Quoted Comment Unnecessarily aggressive you say. Interesting.

View Quoted Comment I send emails figuring wedding season is taking its toll on them. Hopefully. I mean they are a good company. It’s also why I waited a month for a reply. Refund wise, I accept that money has been spent ten times over. So at this point, since they offered, I’m hoping to at least book new shoots or get a bunch of canvas prints and such. But not hearing anything at all as I try to work with them is a bit tiresome.


Hopefully they say, sure, giant prints are $400. Come pick up 5 or 6 of them and we’re all set. Do I want that many, no, but is it better than nothing. Absolutely.

View Quoted Comment As Sarah said, I am just a poster who was giving my honest thoughts and opinions as you asked. Best of luck!

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Yes, unnecessarily aggressive to a bystander.

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When did they offer?