represents Jon Brewer Photography (TV") with respect to matters concerning the [redacted] Wedding and related events which occurred in or around [redacted], 2013.
From the outset, I'd like to address the human side of this matter before discussing any legal points and/or the allegations and inaccurate statements asserted by Mr. [redacted]. My client and I, understand and sympathize at the core issue of missing photos not captured at a wedding (birthdays and family celebratory events etc.), as we have experienced weddings as either a guest, family and/or participant.
Most would agree that, with all their preparation and rehearsal, weddings typically have a beautifully frenetic energy surrounding the event that makes them nearly impossible to compartmentalize into a schedule or pull off without a hitch of some sort.
JBP expressed (to the [redacted]s) its regret and acknowledged that it did not capture the 15 or so images due to time constraints and circumstance beyond its control. (a copy of the email is attached hereto as exhibit A).
In effort to make amends, JBP offered upgrades to the [redacted]s at no additional charge, by delivering the 500+ final images on a custom packaged USB thumb drive instead of the optical discs (DVDs) and a refund of $300.00. The thinking behind the custom thumb drive was that JBP was able to include the [redacted]s engagement photos due to greater capacity and it would provide better storage and protection of the images as the DVDs are susceptible to scratches. It bears noting that the [redacted]s never responded to this offer.
From the legal standpoint, contractually JBP satisfied the contract when it delivered the final wedding images to the [redacted]s. As the [redacted]s were aware JBP could not guarantee every possible image would be captured and that JBP's performance was contingent upon conditions beyond it control. Furthermore, as the [redacted]s were aware and subsequently advised, JBP had no control over the timing and/or schedule of the events on the wedding day.
The [redacted]'s subsequently demanded that they receive the images on the optical discs. On behalf of JBP I held multiple terse phone conversations with Mr. [redacted] who refused to agree to an exchange of optical disc for the custom thumb drive whereby he insisted that his interpretation of contract law required him to do nothing until he received the optical discs.
Although it was short-lived, I was happy the [redacted]s retained an attorney, whom I believed would be able to get this matter resolved. Within one day of discussing the manner of resolution with the [redacted]'s attorney my office forwarded her an agreement to resolve this matter altogether. Shortly, after I submitted the agreement to their attorney and her presumably to the [redacted]s, she informed me that the [redacted]s terminated her.
In all, JBP still is willing and agrees to provide the optical discs in exchange for the return of the custom thumb drive and a signed agreement resolving this matter.
If you need additional information please do not hesitate to call me. Thank you.
Respectfully Submitted
[redacted]
We are in possession of the High Resolution DVD of Wedding Images. You were provided a Settlement and Release by attorney [redacted]. I have attached an updated copy of the settlement and release for your review. My client has advised that the offer of $350.00 and the High Resolution DVD in the exchange for the thumb drive and the executed Settlement and Release remains open.
Please advise at your earliest convenience. Thank you.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
There is no attachment. I'm rejecting it without knowing what is in the "new settlement" If the settlement document even mentions anything about non-diclosure it will not be signed. Please do not waste our time with that. What you sent [redacted] had a non-disclosure agreement (NDA). Terms that must be included with anything that has an NDA are as follows:
If [redacted] wants a non-disclosure, they will post the contents of their email expressing regret, siting the contract and offering money to shut us up to their website and will stay at the top of their website on the front page, it will remain for 365 days. If it is removed before that time is up, they will owe us a 100% refund and the NDA will be terminated. Then and only then will they get a non-disclosure.
Back to the matter of the DVD. Our address is [redacted]. That is where the DVD can be mailed. As far as legal agreements with [redacted], we already have a legal agreement with them stating we will be receiving a DVD. We would just like to apply that one if that's okay with Revdex.com (Revdex.com). If the Revdex.com thinks that we need a new legal agreement when we already have one stating we will receive a High Resolution DVD, they are more than welcome to let me know that. Until that point, lets forget about a new legal agreement. It's a waste of everyones time. If the first one isn't good enough, then what makes you think we will believe what's in the second one?
So unless [redacted] wants to draft up an NDA with the above terms, I see no need for any legal agreements to be signed until the previous ones are full filled. Though I do have one more question, why is [redacted] refusing to fulfill the original contract?
I do ask that all sentences with "?" at the end be answered, as those are actually questions. In the past you have had a real hard time understanding that.
Regards,
[redacted]
Please be advised that this office...
represents Jon Brewer Photography (TV") with respect to matters concerning the [redacted] Wedding and related events which occurred in or around [redacted], 2013.
From the outset, I'd like to address the human side of this matter before discussing any legal points and/or the allegations and inaccurate statements asserted by Mr. [redacted]. My client and I, understand and sympathize at the core issue of missing photos not captured at a wedding (birthdays and family celebratory events etc.), as we have experienced weddings as either a guest, family and/or participant.
Most would agree that, with all their preparation and rehearsal, weddings typically have a beautifully frenetic energy surrounding the event that makes them nearly impossible to compartmentalize into a schedule or pull off without a hitch of some sort.
JBP expressed (to the [redacted]s) its regret and acknowledged that it did not capture the 15 or so images due to time constraints and circumstance beyond its control. (a copy of the email is attached hereto as exhibit A).
In effort to make amends, JBP offered upgrades to the [redacted]s at no additional charge, by delivering the 500+ final images on a custom packaged USB thumb drive instead of the optical discs (DVDs) and a refund of $300.00. The thinking behind the custom thumb drive was that JBP was able to include the [redacted]s engagement photos due to greater capacity and it would provide better storage and protection of the images as the DVDs are susceptible to scratches. It bears noting that the [redacted]s never responded to this offer.
From the legal standpoint, contractually JBP satisfied the contract when it delivered the final wedding images to the [redacted]s. As the [redacted]s were aware JBP could not guarantee every possible image would be captured and that JBP's performance was contingent upon conditions beyond it control. Furthermore, as the [redacted]s were aware and subsequently advised, JBP had no control over the timing and/or schedule of the events on the wedding day.
The [redacted]'s subsequently demanded that they receive the images on the optical discs. On behalf of JBP I held multiple terse phone conversations with Mr. [redacted] who refused to agree to an exchange of optical disc for the custom thumb drive whereby he insisted that his interpretation of contract law required him to do nothing until he received the optical discs.
Although it was short-lived, I was happy the [redacted]s retained an attorney, whom I believed would be able to get this matter resolved. Within one day of discussing the manner of resolution with the [redacted]'s attorney my office forwarded her an agreement to resolve this matter altogether. Shortly, after I submitted the agreement to their attorney and her presumably to the [redacted]s, she informed me that the [redacted]s terminated her.
In all, JBP still is willing and agrees to provide the optical discs in exchange for the return of the custom thumb drive and a signed agreement resolving this matter.
If you need additional information please do not hesitate to call me. Thank you.
Respectfully Submitted
[redacted]
We are in possession of the High Resolution DVD of Wedding Images. You were provided a Settlement and Release by attorney [redacted]. I have attached an updated copy of the settlement and release for your review. My client has advised that the offer of $350.00 and the High Resolution DVD in the exchange for the thumb drive and the executed Settlement and Release remains open.
Please advise at your earliest convenience. Thank you.
Respectfully submitted,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
There is no attachment. I'm rejecting it without knowing what is in the "new settlement" If the settlement document even mentions anything about non-diclosure it will not be signed. Please do not waste our time with that. What you sent [redacted] had a non-disclosure agreement (NDA). Terms that must be included with anything that has an NDA are as follows:
If [redacted] wants a non-disclosure, they will post the contents of their email expressing regret, siting the contract and offering money to shut us up to their website and will stay at the top of their website on the front page, it will remain for 365 days. If it is removed before that time is up, they will owe us a 100% refund and the NDA will be terminated. Then and only then will they get a non-disclosure.
Back to the matter of the DVD. Our address is [redacted]. That is where the DVD can be mailed. As far as legal agreements with [redacted], we already have a legal agreement with them stating we will be receiving a DVD. We would just like to apply that one if that's okay with Revdex.com (Revdex.com). If the Revdex.com thinks that we need a new legal agreement when we already have one stating we will receive a High Resolution DVD, they are more than welcome to let me know that. Until that point, lets forget about a new legal agreement. It's a waste of everyones time. If the first one isn't good enough, then what makes you think we will believe what's in the second one?
So unless [redacted] wants to draft up an NDA with the above terms, I see no need for any legal agreements to be signed until the previous ones are full filled. Though I do have one more question, why is [redacted] refusing to fulfill the original contract?
I do ask that all sentences with "?" at the end be answered, as those are actually questions. In the past you have had a real hard time understanding that.
Regards,
[redacted]