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Old 09-20-2006, 12:32 PM   #1 (permalink)
abaya
 
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Location: Iceland
Signed, sealed... or not!

So, I have a question for y'all... (maybe this is better in Living, feel free to move).

As some of you may know, ktspktsp and I are getting marred October 15th (woo-hoo!). We're doing very well with all the details and planning, but today I had my first really negative experience with the wedding industry (well, I don't like the industry as a whole, but I've managed to scoot around most of the sales-pressure and brain-washing that comes with it).

So basically, this photographer, we'll call her L... at my informal interview with her, she was very excited about our "story" (especially how international we are) and started writing down all the details... date, times, who was who, etc. That's fine... I figured everyone did that. I asked her about the cancellation fee and the deposit, she told me the amounts, and I was fine with that. She did not ask me to sign any papers (though she gave me a copy of the contract, of course, for my fiance and I to sign and return later). I told her I felt very positive about her, though of course I needed to check with ktspktsp over the weekend and get back to her. All fine.

So over the weekend, ktspktsp and I decide that she's not a good fit for us. We didn't like her style as much as we thought we did, and we found someone who had a better package to offer. I e-mailed her back (less than a week after our first meeting) to let her know that we had decided not to use her services. She e-mails me back and said that she was very disappointed, and that the $300 cancellation fee was still in effect. She "expected my check soon." I was like, huh??? I didn't sign anything! Nor did I tell her that I was 100% committed... but she wrote that I was so "excited and confident" that she booked me right away. HUH?!

She also said that she wrote me an e-mail the day after the interview, stating to "return the contract as soon as possible, no deposit is required, and the cancellation fee is in effect." This was not communicated when I saw her in person; she simply sent me an e-mail that had that line in it. I took it to mean, "The fee will be in effect after you return the contract," which would make more sense to me. Why the hell would I be responsible for paying her ANYthing without something on paper? I didn't "sign" that e-mail, or whatever... not that I suspected anything when I first read it (certainly not a binding contract!), but right now I feel like she's pulling this shit out of her ass just to get some money.

So, I must ask all of you TFP'ers... especially those who work in law (or have dealt with bitchy photographers)... does this lady stand a chance of forcing us to pay $300? I am prepared to take her ass to court if we have to, because I am almost completely sure that we would win, hands down. What the hell! But I don't want to sic the lawyer on her just yet, in case she has some kind of defense... what do you guys think? Am I missing something? Are e-mails or verbal "excitement" considered binding agreements?!?!

Cheers.
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