Dispute between Customer and service provider for photography business - Legal advice required

ramkumarsivakumar

Hi,

I run a small business photography service. I did a photoshoot for a client for £60 an hour and sent him 1200 photos. He choose 100 out of 1200 and I requested him to select 50 for editing. He's not bit happy about some of my photos and he is looking for extensive editing which I said I can't make it as it takes a lot of time and for the £60 its not worth doing it and I said I will do color correction. 

Finally I can't finish the work because of the stress from the customer and I repaid the £60 to my client. Its just an outdoor photo and not like an event. I even agreed to give edited photos for free and offered my service for free.

But my client was not happy and he wants to take legal action again my business and expecting £400-£500 for loss of good memories. Not sure what memory I have destroyed its just a outdoor photo and I repaid the money too with edited images. 

There is no legal contract signed between us and no agreement was made in written as I can guarantee that the photos will be as per their expectation. 

Can I please know if I am still liable for this and will I be taken to court if he proceeds legally? 

I have all the proof that I have repaid and sent him the edited photos but he is threatening me that I need to do an extensive editing of all the photos.

Any advice is appreciated. 

TonyMMM

If you are running a business, you should really have a clear agreement ( or contract) in advance with your client setting out exactly what the service you provide is going to be, and what they can expect to receive...

Anyone can take someone else to court, but there is no guarantee they would win. It would depend on what exactly the agreement (or in this case lack of it) actually covered.

Whatever happens it sounds like an important lesson for you in the way you run the business, and to avoid this type of disagreement in the the future.

FreeBear

ramkumarsivakumar said: I run a small business photography service. I did a photoshoot for a client for £60 an hour and sent him 1200 photos. He choose 100 out of 1200 and I requested him to select 50 for editing.

£60 for 1200 raw images and a selection of 50 for editing - That is not a profitable business venture.

I have done work for professional photographers, and their minimum prices are upwards of £1000 per finished print. Also done a few (fine art) prints myself that are hanging in private collections around the world. Wouldn't dream of even getting out of bed for less than £500... £60 doesn't even cover the cost of materials.

Jeremy535897

If there is nothing written down, I find it hard to see how he can claim for extensive editing within a £60 assignment. As he has original and edited photos, I find it hard to see how he can claim for lost memories either. I am not a lawyer, though, and I suspect it is unhelpful that you repaid him the £60, unless you made it clear that it was a goodwill gesture without any admission of liability.

Why don't you speak to Citizens' Advice and see what they say?
https://www.citizensadvice.org.uk/

There are cases where a photographer has been sued over the quality of the work:
https://www.dailymail.co.uk/news/article-5410109/Furious-couple-sue-wedding-photographer.html

tacpot12

I would say that the customer is trying it on. I would say you should let them know that you are not going to pay them for their loss of good memories because you can't see why having their photo taken under the circumstances you did was ever going to produce a good memory, and that this will be the last communication you have with them directly  - all future communication will come from your solicitor.  I doubt you promised that taking their photo would produce good memories, but if you did, you need to learn not make promises you can't deliver. I doubt any judge would hold you to any such promise. 

Citizens Advice are unlikely to help as the client is the business owner. Businesses are expected to be  profitable enough to pay for their own legal advice (or have legal expenses insurnace). 

MalMonroe

Even if there is nothing written down, you still had a contract with the customer when you agreed to take his photos. If you are wanting to be a serious business owner, then that's something you really have to do though, have a written contract signed by both parties. With a witness if possible just so you both know it's a serious matter.

It's difficult to know, though, what price anyone - or any court - could put on a 'loss of good memories'.

You've paid him back and he now has free photos. He's really not done badly out of the whole experience. 

As FreeBear says above, your business can't possibly be profitable for the prices you're charging. I think your customer has really done quite well. He has photos that he's paid nothing for. 

The customer may just be bluffing and that may have been his intention all along, nobody knows. It's certainly a way of getting something for nothing. I'd want to say let him take me to court, if it were me. But it's not. And only you can make that decision.

Nobody here can really help you with a decision because who knows how some magistrates will be feeling on the court day? (I'm just guessing it would be a case for magistrates).

tacpot12

Such a case wouldn't be heard by magistrates, but by a judge in the civil courts (almost certainly in the Small Claims Track given the amount of compensation that the customer seems to be looking for). 

DullGreyGuy

ramkumarsivakumar said:

There is no legal contract signed between us and no agreement was made in written as I can guarantee that the photos will be as per their expectation. 

Can I please know if I am still liable for this and will I be taken to court if he proceeds legally? 

A contract will exist whether written or not, there will also be certain implicit terms such that you will exercise due skill and care as you are holding yourself up as a professional photographer.

How did they find you? What was discussed and in what medium before the shoot?

The great thing about the law is that anyone can sue anyone and the small track and money claim online all are intended to make it simpler for people to "get justice". Just because they can sue you however doesnt mean they have a realistic prospect of success. Defending vexatious claims takes time and effort which is why many companies will settle small claims even if they have no basis as it costs less than defending it.

As others have stated, if you are going to present yourself as a professional you need to set yourself up properly as one. Have a contract that is signed by the buyer... no need to mess about with witnesses as its a contract not a deed. Have clear limits of liability and clear description of the service. 

1,200 photos in an hour, or 20 photos a minute suggests you've sent the client every shutter release. Even the best photographer in the world is going to get some photos with eyes closed or distracting thing in the background etc... you really shouldnt be sending every single shot to them... they dont need to see warts and all and showing them as something you think could be acceptable will start raising doubts. 

£60 for a photoshoot really depends on what other revenues you have coming off this... obviously some well known high volume studios do the photoshoots for a very low price but sell prints at very high prices (and are good at the sales side). Unless you are doing the same model then your prices need to be more realistic. 

tightauldgit

I think you need to be careful about what you are offering people and promising them - telling people after they have contracted with you that they can't have A B or C because it wouldn't be worth your while doing the work is not the way to run a business. You should be clear up front what people get for their money and charge appropriately for what they are asking for. 

It may well be that the customer would have a claim against you here if the work done was not what was promised or didn't meet reasonable expectations - however they would only be able to be compensated for the value of their losses and there's going to be a lot of debate over the value of 'lost memories'.

Since you've refunded them what they paid they haven't suffered any financial loss. It's then a matter of whether the court would entertain their claim for anything further than that. I'd be surprised if they did, but they can certainly try it on and see if a court would. 

In this case I would simply tell the customer that you are sorry that they are unhappy with the outcome of the work, that you have offered them the full amount paid back as a gesture of goodwill and are unable to offer them anything more than that and won't enter into any further discussion on the matter.

Mistral001

The fact that he has some photos will be in your favour.  It is too late to get PI insurance which would probably have covered you for this claim for damages.  Are there any phototographers  professioanal bodies or trade associations who might help you in getting more information on this type of problem.

Also, I would take legal advice on this matter.  That legal advice might be just to wait until he takes you to the small claim courts and go along to the hearing fully prepared to defend yourself.  Try not to take it personally, but treat it as a business learning experience win or lose.