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Refund for Photographs - Help?

ceedotjay
Posts: 2 Newbie
I recently submitted an application for my daughter do take part in baby modelling (I thought it could be something fun for us to do together, and if successful I could put any money earned into her savings account for when she’s older), and was asked to attend a studio for a test photoshoot for them to see how she behaved in front of the camera. I went along for this, and after a very long afternoon I was told I had been accepted. I was given the opportunity to purchase the photographs in order for them to be used as a portfolio for her. I felt quite put on the spot for this, at one point I actually asked if it was possible to arrange this at a later time and was told no, it had to be done there and then. I know that this should have set off alarm bells, but I was feeling quite frazzled and reluctantly agreed to pay £50 deposit and to make monthly payments of £37.50 (£500 in total). I went home that evening and decided (particularly after looking more into the agency that had arranged this) that we did not want to proceed with the contract with the agency, and therefore that we did not want to keep the photographs. I looked online and found articles which state firstly that modelling agencies are not permitted to take money for photographs before they have found work for a client, and that clients are entitled to a 30 day cooling off period for photographs purchased (I am unable to link to the sites as I am a new member, but they are entitled "New rules introduced to crack down on scam model agents" on the BBC website and "Agency workers: your rights" on the .gov website.)
Now, the modelling agency are not the ones who have charged me for the photographs, so I know that they have technically not breached the first item, they essentially just put us in touch with a studio and it is them who we have given money to. So I called the studio this morning and advised them that we no longer required the photographs so wish to exercise our right to a 30 day cooling off period. As I’m sure you can guess, they have told me that we are not entitled to any such period and essentially, all sales are final. I’m now not sure where we stand on this, and so am wondering anyone is able to help me? Is there anything I can do, or are they right, are we stuck paying for the photos?
I feel very taken advantage of by the studio; I left my house at around 11.30am with my 8 month old daughter, arrived at the studio at 3pm and didn’t leave until gone 5.30pm. We were left waiting for nearly an hour before being called through for the shoot, the shoot itself was over within half an hour and we were left again for nearly an hour to be given the verdict on whether she was to be accepted or not. The studio were aware that I am currently on maternity leave and were very keen for me to place the full cost onto a credit card despite that fact. My phone battery had died (of course not their fault) so I felt quite stranded there with pressure being placed on me to make a decision there and then about paying such a large sum of money. Had I been in a better frame of mind I would like to think that I would not have fallen for this, but I guess I’ll never know.
It has been suggested that I should just cancel the monthly payments, but I feel like a company like this would get quite nasty in that respect, and I feel like that could make things worse. It has also been suggested that I could threaten to take them to a small claims court, but I’m not 100% sure where I stand legally. Thanks very much in advance for any help you are able to offer.
Now, the modelling agency are not the ones who have charged me for the photographs, so I know that they have technically not breached the first item, they essentially just put us in touch with a studio and it is them who we have given money to. So I called the studio this morning and advised them that we no longer required the photographs so wish to exercise our right to a 30 day cooling off period. As I’m sure you can guess, they have told me that we are not entitled to any such period and essentially, all sales are final. I’m now not sure where we stand on this, and so am wondering anyone is able to help me? Is there anything I can do, or are they right, are we stuck paying for the photos?
I feel very taken advantage of by the studio; I left my house at around 11.30am with my 8 month old daughter, arrived at the studio at 3pm and didn’t leave until gone 5.30pm. We were left waiting for nearly an hour before being called through for the shoot, the shoot itself was over within half an hour and we were left again for nearly an hour to be given the verdict on whether she was to be accepted or not. The studio were aware that I am currently on maternity leave and were very keen for me to place the full cost onto a credit card despite that fact. My phone battery had died (of course not their fault) so I felt quite stranded there with pressure being placed on me to make a decision there and then about paying such a large sum of money. Had I been in a better frame of mind I would like to think that I would not have fallen for this, but I guess I’ll never know.
It has been suggested that I should just cancel the monthly payments, but I feel like a company like this would get quite nasty in that respect, and I feel like that could make things worse. It has also been suggested that I could threaten to take them to a small claims court, but I’m not 100% sure where I stand legally. Thanks very much in advance for any help you are able to offer.
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Comments
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Personally, I would go and see a solicitor, you can normally get half an hours free consultation.
Unless someone else comes along and offers better advice.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
This is a well known scam, but from how you've described the setup it may well be lawful - it's not the agency that are charging you for the pics, it is a separate business. However if you were to cancel the additional payments and return any pics sent to you I doubt you would be chased for the money - they're not going to want the bad publicity.
On a far more important note, before doing anything like this again please stop and think. You've allowed a complete stranger, that you'd not even bothered to research beforehand, to take pictures of your baby. Can you not see how irresponsible that is? Goodness knows where those images could end up.
I'm sorry if that is harsh or alarmist but people really need to think before doing these things.0 -
It's potentially (although not necessarily as there aren't hard and fast rules) a breach of the Consumer Protection from Unfair Trading Regulations if you feel they applied undue pressure. It might be worth contacting Trading Standards in case others have complained.
http://www.which.co.uk/consumer-rights/regulation/consumer-protection-from-unfair-trading-regulations-20080 -
On a far more important note, before doing anything like this again please stop and think. You've allowed a complete stranger, that you'd not even bothered to research beforehand, to take pictures of your baby. Can you not see how irresponsible that is? Goodness knows where those images could end up.
Really? What's the worst that can happen with those photos? And if the worst does happen, what impact will it have on the baby's life. I literally can't think of anything terrible that could come from this.
I am making an assumption that the OP didn't let the photographer take pictures of their baby in compromising positions or in any derogatory way, so I think they'll be alright no matter whose hands the photos get into.0 -
Sounds like a deliberate set up to get round the new rules!
I would bet the photographer/ photostudio and the 'modelling agency' are linked!
Care to name and shame them to people can do some digging to see if they are linked?
I think this would count as pressure selling e.g. No modelling conract unless you purchase the photos.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Hi,
Thanks everyone for getting back to me. The more I look into this the more I think we're going to end up having to swallow the cost (either that or cancel the payment and risk things getting nasty). I will look into the legal advice thing though, I think there should be someone round here I could speak to, if they offer the free half hour.
The agency is called Blackberry Models (I don't know why I didn't look into them more before I went along, but a few people I knew were also applying to them so I stupidly just assumed they were legit) and the studio is New York City Studios in Manchester. To be honest, that thought had crossed my mind (that the two companies are linked) but I wouldn't know where to start to try and find that out, and I wouldn't know what to do with the information even if they were, but like you say, there's a niggling thought that it is a loophole.
And with regards to a "stranger" taking the photos; unfortunately I don't know any professional photographers myself so like most parents who want to get photos taken of their child, I have to use strangers to take them, but at no point was my daughter left alone and the photos were all very standard appropriate photos (though now we have them home to look through properly, they're certainly not what you might call 'industry standard').
Thanks again for replying to me.0 -
This thread is just as yours:
http://www.mumsnet.com/Talk/other_subjects/2051381-Baby-Modelling-Agencies-Who-is-Legit
The "modelling agency" they used were called adora models. If you google them, it appears they are now trading as blackberry models:
http://adora-models.!!!!edconsumer.com/trading-as-blackberry-models-20150420624368.html
Am on my tablet so cannot do any further digging, but i think someone on here can look up on companies house who the directors are, and if the companies are linked.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0
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