I read an interesting article today online about a bride and groom who slammed their wedding photographer on their social media outlets, which allegedly resulted in a loss of business for the photographer and they were ordered to pay $1.08M. The article stated that the photographer’s contract required that the client must submit an order form and select a cover photo before the album could be completed (cost of the album was included) and the hi res photos could be released. Even though the couple had signed and submitted an order form, they objected to paying $125 for the cover because they felt that should be part of the album as they explained on their local NBC affiliate. After weeks of going back and forth, the photographer learned that the couple had taken the story to the media saying that the photographer was “holding their pictures hostage”. The couple also made other disparaging statements on social media and blogs, which resulted in a loss of business for the photographer.
After being in business for well over three decades and having been a member of my trade organization ASMP for the same amount of time, I know all about the importance of contracts. In the litigious society we live in, it’s imperative to have a contract when doing business. It’s also important to spell out the details clearly about what is included and what isn’t. In addition, because photographers are always being asked to sign their clients’ contracts, it is critical, yet tedious to scrutinize those contracts before you sign them and be prepared to negotiate terms if they are not acceptable. However, even when contracts have been agreed on and signed, things can still go south as in the case mentioned.
There will always be issues because all humans are different. Ultimately, I think some are honorable and some are not. We live at a time when rumors can go around the globe in a matter of seconds and the lines between truth and lies have been blurred with “alternative facts”. I think it all comes down to common sense and trust. I don’t shy away from social media but I don’t believe everything I read. I don’t think I have ever done business solely online with someone. At the very least I will have a phone conversation with them. There is a lot to be said about having a human connection with someone and what is gained by doing so.
The bottom line is that while it is incredibly important to have a contract when doing business that doesn’t mean it will always end well. It all depends on the human variables as far as how the story will end.