Initial Business Response /* (1000, 5, 2016/04/11) */
For all clients, it is discussed at the time of their contract signing that the best forms of communication are by email or text so all items are documented and can ensure a quick response, these forms of communication were also chosen as
their preferred contact methods on their contractWe do this to accommodate our clients and ensure a faster response time, accuracy and tracking of assignmentsThis Client was advised on multiple occasions in email, text, and a conversation before Christmas, that image numbers where needed to complete the package orderThey were provided with an afterhours line, to allow the client better access to services when we were unable to take their callsThe client did not respond to these forms of communications, when sent to themThe Client had not approved any of the proofs for their weddingThe client advised me on their contract that they would be interested in seeing an album design as well as thank you card design, before deciding which products they would like to use contract credits forThese items are designed and approved prior to any orders being finalizedThis allows the client full access to all products available to them, the ability to make an informed choice and reduce any additional shipping costsThere have been multiple requests for the image numbers the client needed to choose for work to be completedNone of which have been answeredThey have not requested the type of product they wish to use their credits forAll of which can be found online just like the engagement session they completed prior to the weddingEmails/ text and discussions documentation date back as far back as November 23rd
Section of the contract states the following:
CLIENT COOPERATION & UNDELIVERED WORKPhotographer cannot perform the Assignment without the cooperation of ClientIn the event that Photographer and the Studio are unable to deliver a portion of the Work, or other goods, required under this Agreement, due to a failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other goods, to the Studio, then the Studio shall not be obligated to deliver that portion of the Work or other goods to Client, but instead the Studio and Client agree as follows:
STUDIO CREDIT (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then Client shall receive a Studio credit for the undelivered portion of the Work or other goods required under this AgreementClient may purchase the undelivered Work or other goods at the Studio's then current pricing
ARCHIVE FEE (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then Client shall be charged a $archive fee to maintain storage of the undelivered Work or other goodsThis archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement
TERMINATION (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then the Studio's performance of the Assignment shall be deemed complete, and this Agreement shall terminateUpon the termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goodsThe Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client
As of April 9th 2016, the client finally responded to contact made by me and has sent an email for the image approvals on the credited work agreed to in the contract that can now be finalizedA copy of the Wedding contract will be mailed to the client with the images requested for print and the USB as stated in the contractAdditional records on file can be requested if the client is not satisfied
Initial Consumer Rebuttal /* (3000, 8, 2016/04/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The copy of the contract you are sending us was suppose to be sent shortly after signing it which never happened
We were not given clear instructions about picking pictures for the albumThe only time were asked to select pictures was for our prints which was emailed to *** on February 24, And re-emailed April 8,
As of April 19, we have not received any products in the mail
Final Business Response /* (4000, 10, 2016/04/25) */
The clients reviewed the contract the day prior to their wedding with myself and second shooterThis was a destination wedding and details of the day had not been finalized until that point
The clients custom destination wedding package included travel, accommodations and rentals for me to the siteA UBS with all images in a basic color correction edit upgraded from a 4xprintable USB to an 8xsize printable USB and $in product credit
The album and thank you card designs were discussed in a phone conversation which the client was told that they stated (Notes on contract)they wanted to see the designs for an album and Thank you cards prior to deciding on what to purchase for their product creditsThe client then sent an email with these image numbers for the designsThe client then sent an email that they decided to use the $product credit for prints on April 8thThey were also advised I received this email April 8thI then completed resizing and editing on the chosen imagesThe Client was advised on April 19th that the prints have been ordered and to allow 6-weeks for deliveryIt never takes that long but to ensure quality control the time line allows for any changes or reorders if I am not completely satisfied with the product when I receive it
Initial Business Response /* (1000, 5, 2016/04/11) */
For all clients, it is discussed at the time of their contract signing that the best forms of communication are by email or text so all items are documented and can ensure a quick response, these forms of communication were also chosen as
their preferred contact methods on their contractWe do this to accommodate our clients and ensure a faster response time, accuracy and tracking of assignmentsThis Client was advised on multiple occasions in email, text, and a conversation before Christmas, that image numbers where needed to complete the package orderThey were provided with an afterhours line, to allow the client better access to services when we were unable to take their callsThe client did not respond to these forms of communications, when sent to themThe Client had not approved any of the proofs for their weddingThe client advised me on their contract that they would be interested in seeing an album design as well as thank you card design, before deciding which products they would like to use contract credits forThese items are designed and approved prior to any orders being finalizedThis allows the client full access to all products available to them, the ability to make an informed choice and reduce any additional shipping costsThere have been multiple requests for the image numbers the client needed to choose for work to be completedNone of which have been answeredThey have not requested the type of product they wish to use their credits forAll of which can be found online just like the engagement session they completed prior to the weddingEmails/ text and discussions documentation date back as far back as November 23rd
Section of the contract states the following:
CLIENT COOPERATION & UNDELIVERED WORKPhotographer cannot perform the Assignment without the cooperation of ClientIn the event that Photographer and the Studio are unable to deliver a portion of the Work, or other goods, required under this Agreement, due to a failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other goods, to the Studio, then the Studio shall not be obligated to deliver that portion of the Work or other goods to Client, but instead the Studio and Client agree as follows:
STUDIO CREDIT (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then Client shall receive a Studio credit for the undelivered portion of the Work or other goods required under this AgreementClient may purchase the undelivered Work or other goods at the Studio's then current pricing
ARCHIVE FEE (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then Client shall be charged a $archive fee to maintain storage of the undelivered Work or other goodsThis archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement
TERMINATION (MONTHS)If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within months after the Assignment, then the Studio's performance of the Assignment shall be deemed complete, and this Agreement shall terminateUpon the termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goodsThe Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client
As of April 9th 2016, the client finally responded to contact made by me and has sent an email for the image approvals on the credited work agreed to in the contract that can now be finalizedA copy of the Wedding contract will be mailed to the client with the images requested for print and the USB as stated in the contractAdditional records on file can be requested if the client is not satisfied
Initial Consumer Rebuttal /* (3000, 8, 2016/04/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The copy of the contract you are sending us was suppose to be sent shortly after signing it which never happened
We were not given clear instructions about picking pictures for the albumThe only time were asked to select pictures was for our prints which was emailed to *** on February 24, And re-emailed April 8,
As of April 19, we have not received any products in the mail
Final Business Response /* (4000, 10, 2016/04/25) */
The clients reviewed the contract the day prior to their wedding with myself and second shooterThis was a destination wedding and details of the day had not been finalized until that point
The clients custom destination wedding package included travel, accommodations and rentals for me to the siteA UBS with all images in a basic color correction edit upgraded from a 4xprintable USB to an 8xsize printable USB and $in product credit
The album and thank you card designs were discussed in a phone conversation which the client was told that they stated (Notes on contract)they wanted to see the designs for an album and Thank you cards prior to deciding on what to purchase for their product creditsThe client then sent an email with these image numbers for the designsThe client then sent an email that they decided to use the $product credit for prints on April 8thThey were also advised I received this email April 8thI then completed resizing and editing on the chosen imagesThe Client was advised on April 19th that the prints have been ordered and to allow 6-weeks for deliveryIt never takes that long but to ensure quality control the time line allows for any changes or reorders if I am not completely satisfied with the product when I receive it