• Last Updated:
  • Oct 21st, 2020 1:01 am
[OP]
Newbie
Aug 6, 2015
4 posts
Hamilton, ON

Photography Contract

Hey!

Hope I’m in the right area here. I have a question about a photography contract I signed pre-covid.

We signed a contract for a newborn session which was unable to happen because of covid. The photographer suggested splitting the session into a family and a Christmas or Cake Smash since it was a large package we originally had. I agreed and we did the family shoot and even discussed the next shoot before we got into our cars and headed home.

Then the photographer decided that she didn’t want to do the second session and said that she already fulfilled her obligation with the family session as she did 90 minutes of work (our original newborn session stated 3 hours). She never mentioned that the family session would be a reduced amount of time, she specifically said that it was a direct transfer.

At the moment we’ve only paid half her fee and she’s now demanding the rest. We went back and forth via emails and she eventually offered a “mini session” for “free” out of “kindness” but she made it clear that this was her going above and beyond. I’ve lost complete confidence in her and feel that our relationship is damaged beyond repair and do not want to work with her further. She never did give us any photos from our family session either.

How does this work? Is the original contract void because we decided on different sessions? Do I have any rights in this situation? It’s almost $700 for the session and I feel really ripped off.
6 replies
Deal Addict
May 19, 2003
2674 posts
736 upvotes
You're kinda stuck right now. I'm assuming she hasn't turned over the shots from the family session yet. That's why she's now cancelling after the family session.
You've given her money and you haven't received anything. Do you have signed paperwork stating the conditions? Otherwise you have nothing to fight in court with.
All you can do is shame them on social.
Deal Fanatic
User avatar
Sep 21, 2007
5321 posts
641 upvotes
Winnipeg
mind posting a picture of the contract blacking out all personal information..
"An essential aspect of creativity is not being afraid to fail." -- Edward Land
Deal Addict
Jul 13, 2009
4445 posts
2543 upvotes
Unless you have chat history or emails, you are SOL.

Next time try RFD as just in this subforum there are Canada's best photogs happy to help.
[OP]
Newbie
Aug 6, 2015
4 posts
Hamilton, ON
I do have emails and chat history. I’m assuming those supersede the contract as they were made and agreed on after the original contract was signed.
Deal Addict
User avatar
Oct 5, 2004
1203 posts
355 upvotes
Toronto
Aestas0 wrote: I do have emails and chat history. I’m assuming those supersede the contract as they were made and agreed on after the original contract was signed.
Feel free to send me an email with your agreement details and chat and I can take a look.
Typically, the original contract shouldn't be void and your email communication is also very important. Your email communication can supersede the contract in Canada( harder in the US). It's why I ask my clients who call me to send email requests as I can keep a paper trail of the changes.
Dmitri Markine Wedding Photography: My 500pix||My Flickr||My Pinterest||My Instagram
Sr. Member
Sep 14, 2012
886 posts
539 upvotes
Montreal, QC
Not sure if the same thing applies in Canada but in the US, where there is a paper contract, any changes must be physically documented so you can't say "we later agreed verbally to"

In certain states, emails will work. I'm assuming it is the same in Canada.

If you sent her an email stating the changes and she never replied back stating that she agreed, the email is absolutely worthless. Likewise if she sent you an email suggesting the changes due to COVID-19 and you never replied stating that you agreed, that email is absolutely worthless unless it can be proven that based on the email conversation/thread, both had agreed.

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