Burning fingers, learning lessons

[anco85]

I'm firmly of the belief that the client is the most important aspect of any business and as such, I will go out of my way to accommodate or please them. This often ends up biting me in the ass.

Just recently I got a call from a co-photographer desperately needing assistance. I was at the hospital with my wife who was recovering from an op at the time, but figuring the shoot would be 2 hours maximum, I though I'd go there, finish up and head back to the hospital.

I quickly ringed the client to discuss rates and was told to meet her on-site in 2 hours. I went home, got my gear ready and headed for the location(roughly 60 minute drive) The event, which I'll refrain from naming for legal reasons, was quite a large one, widely published etc.

Upon arriving, I attempted to discuss rates again, but was quickly dismissed by a "don't worry, you will be taken care of", which was my first clue that things might be heading south. I was told that I can't back out as they would be screwed. The original photographer pulled out last second and the event starts in 45 minutes. I felt sorry for the organizers and agreed, but that I will own all copyrights to the images until the outstanding amount was cleared with me. They agreed and I started working. Five hours later, I was finally finished, visiting hours at the hospital over and a very very pissed off wife, none the less, job well done.

I immediately got to work on the images and not even 2 days passed I was asked for all the images taken on the evening. I told them that I cannot give them the images unless payment was made and they assured me payment will be made on the same day. They need the images now as it needs to go to the publishers. I again informed them that copyright will remain mine until settlement of the invoice and they agreed.

It's been a week, the images have been published and I'm yet to hear a peep from this so called "client"

No idea what to do and frankly, don't have the energy for a lawsuit.

Anyone have had something similar happen to them? What did you do to resolve the issue?

I don't care about the images, but 5 hours lost, is 5 hours lost and I expect to be compensated.

Sorry for the long post, but I just feel like ranting...maybe even a little crying

[HiltonP]

Do you have any signed documents, or is it only word-of-mouth?

[Forgiss - Sean Nel]

Do you have any signed documents, or is it only word-of-mouth?

Was about to ask the same...

[jaytee]

You don`t need a written contract; that just makes it easier to prove the terms of your agreement. Your problem is likely to be that you didn`t agree on a rate, unless you`ve actually invoiced them + they didn`t complain. Otherwise you`ll have to prove the going rate for that type of work.

If you`re wealthy + they`ve got money, see an attorney. If not, send a letter of demand, and if you get no response sue them in the Small Claims Court. It costs nothing.

[Chris F]

be glad your school fees are "only" 5 hours .... (sorry if that comes across harsh)


send them a letter, and hope you get something, then move on.

[Alvin]

Go see them in person and resolve it

[Corlie]

hi Anco..when i read this ...i go boiling mad. The prob is to get that darm money out of them.I really feel for u, because 99% of us been there got that T-shirt and Cigar

[Larry]

It's hard to to a hardarse, but if the pictures are so damn important to them then they can bring cash.

No money, no pictures.

I agree the client is always right, but they aren't a client until they actually pay you.

[Henk Coetzee]

Upon arriving, I attempted to discuss rates again, but was quickly dismissed by a "don't worry, you will be taken care of", which was my first clue that things might be heading south. I was told that I can't back out as they would be screwed.

At this point you held all the cards. With all the warning signs I wouldn't have released the images until some sort of payment was made.

[anco85]

Thanks for all the comments guys.

Hilton, I've got written proof of the client accepting the hourly rate to purchase the images after the shoot. The way I see it is I did the shoot free of charge, but the images are to be bought.

Jaytee, the client was invoiced before delivery of the images with a clause stating that image copyright will be handed over once full payment has been received, so I reckon I'm covered there. The issue is just to get the cash out of them.

Chris F, 5 hours might not be much, but five hours of my estimated 525600 hours left to live is quite a lot. That's five hours I could have spent finishing up work for a client that has actualy paid.

Henk, I'm with you, I should have backed out, but my problem is that I'm too sympathetic. It just kills me that people take you for a ride when trying to help them. Changing my attitude is likely to hurt my business more than deciding to not help people in need.

I've contacted the client again and they've promised to do an EFT but will only be able to send the proof of payment in 3 days time. Told them I'll be phoning tomorrow for the reference number or they'll hear from my lawyer. Lawyer says I've got a pretty good case as I provided coverage free of charge, but the images provided are over and above the coverage. The way she explained it was taking a BMW for a test drive. You don't need to pay to take it for a spin, but if you register it in your name, you're going to have to pay. That makes sense to me.

[Dave_]

Yup, perhaps we all need to get burned to learn this lesson. In my experience the richest are the worst payers. We did a shoot for an extremely well off client. So we decided to get the very expensive prints done as money was no object.

You can imagine the rest... we still have not been paid. Of course we still have their prints, but what do I do with them?

Like you, I like to think the best of people and am usually sympathetic to their woes, but from now on, no pay, no work.

[Chris F]

Friend of mine did wedding shoots.

He would go as far as showing the couple the edited pics on a large screen ... NO further action untill he was paid !

[Peter Veitch]

Yup, perhaps we all need to get burned to learn this lesson. In my experience the richest are the worst payers. We did a shoot for an extremely well off client. So we decided to get the very expensive prints done as money was no object.

You can imagine the rest... we still have not been paid. Of course we still have their prints, but what do I do with them?

Like you, I like to think the best of people and am usually sympathetic to their woes, but from now on, no pay, no work.

That's why they are rich and we are poor! They are what I term people with short arms and deep pockets!

[Dave_]

They are what I term people with short arms and deep pockets!

Very apt quote, this should be a sticky...