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bagaholic85 · Oct 28th, 2009, 02:14 PM

^^i was thinking the same.

olive519 · Oct 28th, 2009, 02:32 PM

Originally Posted by Roo

Maybe there's a happy medium. Have you tried to negotiate at all? Do a mea culpa and see if there is some wiggle room on the fees? That may be the best solution for everyone.

That's exactly how I hope to resolve things... It was her hardball email that made me want to respond , "WTF you smokin'?", but after cooling down my response was much more polite and asked for a resolution.

ILuvShopping · Oct 28th, 2009, 02:51 PM

while i agree a contract is a contract....and the photographer was stupid to leave it open-ended, but seriously 4 years later???? to me that just seems like you're trying to take advantage of the situation. it's not like it was the photographers fault you're ordering 4 years later.

at least the photographer will learn a lesson hopefully and re-do her contracts to save her from this again.

I'm curious - how long do photographers keep photos? What if she wouldn't even have had them anymore?

olive519 · Oct 28th, 2009, 03:05 PM

Originally Posted by ILuvShopping

while i agree a contract is a contract....and the photographer was stupid to leave it open-ended, but seriously 4 years later???? to me that just seems like you're trying to take advantage of the situation. it's not like it was the photographers fault you're ordering 4 years later.

at least the photographer will learn a lesson hopefully and re-do her contracts to save her from this again.

I'm curious - how long do photographers keep photos? What if she wouldn't even have had them anymore?

Take advantage of what? Getting something for free? no, I paid. Tell them I want the album done yesterday? No, they can take all the time they need.

It's not their fault I'm a procrastinator and can't manage open ended projects, but there's no malicious intent on my part nor am I trying to hoodwink anyone. All I want is something I already paid for and they have yet to produce, albeit 4 yrs later.

They may not like it, but if the IRS comes knocking on your door and tells you that you underpaid your 1999 taxes, will you tell them, too bad, why did you wait ten years so now scram?

As Roo said, I have a mea culpa here too, but not for $1500+

amanda · Oct 28th, 2009, 03:14 PM

I've got to agree with VLL here - it seems like a judge is going to take one look at the contract you signed, the amount of time that has passed (which is, IMO, unreasonable), and the offer that's now on the table and be irritated with you for wasting his or her time, as well as the photographer's. I think you're getting really negative reactions from a lot of people here because it doesn't seem like you're willing to admit that your role in all of this is a bit ridiculous as well. Take your vast free time and make your own album instead of bringing irritation and misery on others via legal battles.

sarahloveslouis · Oct 28th, 2009, 03:20 PM

Good post, Amanda!

ilovepinkhearts · Oct 28th, 2009, 03:22 PM

^^ if that's the case then the money that has already been paid for the album and the printing of the photos should be returned...she paid for the album there is no time limit set for ordering. apparently someone had waited until a year or more and that was the reason why that was stated in the contract [fee assessed after a year]. the photog should have a date listed be it 1 year, 3 years...something so then that way she can dispose of the film/data and all her clients know what once it's past that date the photos no longer exist and she is not liable. that way she has more room for storage of new projects and something like this wont come into play :)

olive519 · Oct 28th, 2009, 03:38 PM

Originally Posted by amanda

I've got to agree with VLL here - it seems like a judge is going to take one look at the contract you signed, the amount of time that has passed (which is, IMO, unreasonable), and the offer that's now on the table and be irritated with you for wasting his or her time, as well as the photographer's. I think you're getting really negative reactions from a lot of people here because it doesn't seem like you're willing to admit that your role in all of this is a bit ridiculous as well. Take your vast free time and make your own album instead of bringing irritation and misery on others via legal battles.

I'm going to take liberties and assume you only read my first post, made up your mind and skimmed the rest.

I already admitted to being a procrastinator, and said I would rather resolve this before resorting to the other methods.

You also seem to be a bit soured by my stating that I have tons of free time. That's because I sit home nursing a newborn all day long, and typing with the other hand. Would you like to switch places?

I don't want to spend "all my vast free time" fighting this, I would just like a 20 pic album I already paid for

olive519 · Oct 28th, 2009, 03:45 PM

Is reasonable time a legally defined period or is it just IMO's.

I've aleady stated it's been a long time. A contract clearly defining time frames and with a stated effective end date would have prevented this, and gotten my ass into gear much faster.

But alas, it did not.

natalie78 · Oct 28th, 2009, 04:00 PM

rainrowan · Oct 28th, 2009, 04:09 PM

If it's already been paid for, maybe you can work out something like paying the shipping fees and packaging materials for the negatives. Then bring the negatives to a professional printer and get them printed, mounted, etc Consider yourself lucky these negatives still exist! I can understand why there's a fee tho. The photographer has to charge for keeping your negatives on file, just like a storage company.

I went to pick up my yearbook YEARS after my graduation (major crisis etc). I had a checkbook to pay whatever amount they were going to ask and got lucky -- the Dean of Student Services handed over one of their last copies, just like that! I was prepared to be turned away or get laughed at.

amanda · Oct 28th, 2009, 04:21 PM

Originally Posted by olive519

I'm going to take liberties and assume you only read my first post, made up your mind and skimmed the rest.

I already admitted to being a procrastinator, and said I would rather resolve this before resorting to the other methods.

You also seem to be a bit soured by my stating that I have tons of free time. That's because I sit home nursing a newborn all day long, and typing with the other hand. Would you like to switch places?

I don't want to spend "all my vast free time" fighting this, I would just like a 20 pic album I already paid for

Take all the liberties you want, but I read every one of your posts. If you're going to brag about all the free time you have to inflict irritation on others, don't be surprised when people tell you to use some of it and solve your problem for yourself and without blowing it out of proportion and taking people to court. You've mentioned your own procrastination, but you really seem to be doing your best to minimize your participation in this current problem.

Reasonableness is going to be decided by a judge, and if the photographer can prove that there were extra expenses incurred on her part because of the lengthy amount of time you chose to wait, above and beyond the time period that was mentioned in the contract, then it wouldn't surprise me at all if the judge sided with the photog and you'd be out several hundred extra dollars and a good bit of time anyway.

Everyone has busy lives - we all have stuff we need to be doing other than ordering wedding albums, just like your photographer has stuff that she probably needs to be doing other than rooting through years of archives in order to find the materials for an album that should have been ordered years ago. If you feel like she should be respectful of your time and the fact that you didn't manage to get around to it until now, you would probably do well to be respectful of the problems that you're causing her by procrastinating.

olive519 · Oct 28th, 2009, 04:36 PM

What I want, amanda, is for a reasonable compromise with the photographer so that no one has to be unduly irritated. Paying for almost another wedding is not reasonable and irritating to me.

I'm still waiting for the photographer to respond and hoping she's not as irritated with me as most of you seem to be.

Charles · Oct 28th, 2009, 04:40 PM

This is the bottom line. You waited 4 years. Within that time, her standard procedures for storing photos was carried out (meaning you are responsible for storage fees), as well as, her decision to move forward with digital photos in order to further her business. On top of that, part of your side of the contract was to meet with her to pick out 20 pics. You did not do with within a reasonable amount of time. A contract isn't infinite (even without termination/expiration dates specificed), and no matter how much you want to try to justify your actions, you're still holding her to unreasonable standards. If you present this in front of a judge, s/he'll tell you the same. Based on your actions, the contract you signed was not performed within a reasonable time, and therefore cannot be held to the stipulations set forth 4 years ago.
Can you please stop trying to get something for free here and admit that this is your fault?

Charles · Oct 28th, 2009, 04:46 PM

Look at it this way..

You have a car for sale for 1000 bucks. The guy pays you and says he'll be over to pick it up in 2 days. In essence, he had a contract with you to provide a car for 1000 bucks. He doesn't show. In the mean time, you're left to deal with this car, so after a few months, you put the car in storage. Afterall, he paid for it, yes? 4 years later the guy comes back and wants the car. Are you just going to hand it over to him or are you going to bill him for the storage fees?

Based on the contract between you two, it was expected that he'd execute his side within a reasonable amount of time. 4 years is not reasonable.

Oct 28th, 2009, 02:51 PM	#48
ILuvShopping <3 Joined: Jun 2007 Location: Iowa Posts: 2,991	while i agree a contract is a contract....and the photographer was stupid to leave it open-ended, but seriously 4 years later???? to me that just seems like you're trying to take advantage of the situation. it's not like it was the photographers fault you're ordering 4 years later. at least the photographer will learn a lesson hopefully and re-do her contracts to save her from this again. I'm curious - how long do photographers keep photos? What if she wouldn't even have had them anymore?
	__________________ . . Whimsy Bits..... a bit of whimsy.... Up and Running!! Check out my handmade jewelry http://whimsybits.etsy.com

Oct 28th, 2009, 03:14 PM	#50
amanda RIP Uga VII Joined: Oct 2005 Location: Athens, GA Posts: 11,736	I've got to agree with VLL here - it seems like a judge is going to take one look at the contract you signed, the amount of time that has passed (which is, IMO, unreasonable), and the offer that's now on the table and be irritated with you for wasting his or her time, as well as the photographer's. I think you're getting really negative reactions from a lot of people here because it doesn't seem like you're willing to admit that your role in all of this is a bit ridiculous as well. Take your vast free time and make your own album instead of bringing irritation and misery on others via legal battles.
	__________________ PROUD TO BE A UNIVERSITY OF GEORGIA BULLDOG! Follow me on Twitter

Oct 28th, 2009, 03:20 PM	#51
sarahloveslouis the blonde Joined: Nov 2007 Location: west coast blondie Posts: 3,032	Good post, Amanda!
	__________________ Working on my SLG collection, one beautiful piece at a time.

Oct 28th, 2009, 03:22 PM	#52
ilovepinkhearts team edward. always. Joined: Dec 2007 Location: Texas Posts: 4,395	^^ if that's the case then the money that has already been paid for the album and the printing of the photos should be returned...she paid for the album there is no time limit set for ordering. apparently someone had waited until a year or more and that was the reason why that was stated in the contract [fee assessed after a year]. the photog should have a date listed be it 1 year, 3 years...something so then that way she can dispose of the film/data and all her clients know what once it's past that date the photos no longer exist and she is not liable. that way she has more room for storage of new projects and something like this wont come into play :)
	__________________ Please educate yourself about pancreatic cancer, and then share that knowledge with a loved one. http://www.pancan.org i will lose the weight...1 lb at a time!! i CAN do it! i'm not sure how many lbs to go - skinny jeans here i come!!

Oct 28th, 2009, 03:45 PM	#54
olive519 OP Member Joined: Jan 2007 Posts: 1,664	Is reasonable time a legally defined period or is it just IMO's. I've aleady stated it's been a long time. A contract clearly defining time frames and with a stated effective end date would have prevented this, and gotten my ass into gear much faster. But alas, it did not.
olive519 OP Member Joined: Jan 2007 Posts: 1,664	__________________ Do you like cheese as much as I do? Check out a local (to me) born again farmer and her cheese makin' goats. She hung up her Manolos for wellies and a shovel... http://www.rainbeauridge.com/cms/content/view/496/291/

Oct 28th, 2009, 02:14 PM	#46
bagaholic85 Member Joined: Sep 2007 Location: i <3 ny Posts: 5,087	^^i was thinking the same.

Oct 28th, 2009, 04:00 PM	#55
natalie78 Dave's not here Joined: May 2008 Location: Texas Posts: 1,665
	__________________ I consider myself a good judge of people and that's why I don't like any of them. ~Roseanne

Oct 28th, 2009, 04:09 PM	#56
rainrowan INFJ Joined: Apr 2006 Posts: 3,934	If it's already been paid for, maybe you can work out something like paying the shipping fees and packaging materials for the negatives. Then bring the negatives to a professional printer and get them printed, mounted, etc Consider yourself lucky these negatives still exist! I can understand why there's a fee tho. The photographer has to charge for keeping your negatives on file, just like a storage company. I went to pick up my yearbook YEARS after my graduation (major crisis etc). I had a checkbook to pay whatever amount they were going to ask and got lucky -- the Dean of Student Services handed over one of their last copies, just like that! I was prepared to be turned away or get laughed at.
rainrowan INFJ Joined: Apr 2006 Posts: 3,934

Oct 28th, 2009, 04:36 PM	#58
olive519 OP Member Joined: Jan 2007 Posts: 1,664	What I want, amanda, is for a reasonable compromise with the photographer so that no one has to be unduly irritated. Paying for almost another wedding is not reasonable and irritating to me. I'm still waiting for the photographer to respond and hoping she's not as irritated with me as most of you seem to be.
olive519 OP Member Joined: Jan 2007 Posts: 1,664	__________________ Do you like cheese as much as I do? Check out a local (to me) born again farmer and her cheese makin' goats. She hung up her Manolos for wellies and a shovel... http://www.rainbeauridge.com/cms/content/view/496/291/

Oct 28th, 2009, 04:40 PM	#59
Charles Sucks at budgeting Joined: Jan 2007 Location: Jacksonville, Fl Posts: 6,190	This is the bottom line. You waited 4 years. Within that time, her standard procedures for storing photos was carried out (meaning you are responsible for storage fees), as well as, her decision to move forward with digital photos in order to further her business. On top of that, part of your side of the contract was to meet with her to pick out 20 pics. You did not do with within a reasonable amount of time. A contract isn't infinite (even without termination/expiration dates specificed), and no matter how much you want to try to justify your actions, you're still holding her to unreasonable standards. If you present this in front of a judge, s/he'll tell you the same. Based on your actions, the contract you signed was not performed within a reasonable time, and therefore cannot be held to the stipulations set forth 4 years ago. Can you please stop trying to get something for free here and admit that this is your fault?
	__________________

Oct 28th, 2009, 04:46 PM	#60
Charles Sucks at budgeting Joined: Jan 2007 Location: Jacksonville, Fl Posts: 6,190	Look at it this way.. You have a car for sale for 1000 bucks. The guy pays you and says he'll be over to pick it up in 2 days. In essence, he had a contract with you to provide a car for 1000 bucks. He doesn't show. In the mean time, you're left to deal with this car, so after a few months, you put the car in storage. Afterall, he paid for it, yes? 4 years later the guy comes back and wants the car. Are you just going to hand it over to him or are you going to bill him for the storage fees? Based on the contract between you two, it was expected that he'd execute his side within a reasonable amount of time. 4 years is not reasonable.
	__________________

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