Initial Business Response / [redacted] (1000, 18, 2016/06/21) */ VIP By Mary Nicole Response: [redacted] & I came to an agreementThere was no breach in contract by the business as there was no contractWas waiting on [redacted] to pick her top favorites for her proof bookPhotos and proof book were delivered last year and half of the money returned to ***There was over double the number of photos promised delivered to the clientHere is the link to the photos: http://vipbymarynicole.pass.us/donaldfamilyjune27th
Sabrina and I have came to an agreement and have settled mattersI do want to state, I never broke my contract with Sabrina and worked with her and her family to settle things respectivelyI did not change my business name, but am starting a new businessSabrina was contracted under Vivid Imagenation PhotographyRetainers are non-refundable and are not returned, as they are used to reserve and hold your date and cover overhead cost and time spent planning and prepping for your wedding
Initial Business Response / [redacted] (1000, 5, 2016/08/10) */ I uploaded it into your gallery the night you asked for it just like I said I would And I totally forgotten mention the print release, is included in your digital contract you signed and could access to use Initial Consumer Rebuttal (The consumer indicated he/she ACCEPTED the response from the business.)
Good Morning ***,
I hope this finds you wellI just received a complaint from Revdex.com In reference to your servicesI'm terribly sorry you felt as though you had to go this extentIt states that you need your photos stillI've sent the link using pass program multiple times and even copies the
URL into a regular email for youCould you please provide me with your new physical address so I can send these out on a USB promptlyOnce you receive them, we will need a list of your favorites so I know what to use for your products you receiveThen we can go from there
I am so sorry this hasn't been convenient for youThat was not my intention at allI absolutely loved working with you and Tyler and hope we can resolve this for you promptly
Mary Nicole ***
Owner, Photographer, & Creative Director
PHONE ***
EMAIL ***
***
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me.
Sabrina and I have came to an agreement and have settled matters. I do want to state, I never broke my contract with Sabrina and worked with her and her family to settle things respectively. I did not change my business name, but am starting a new business. Sabrina was contracted under Vivid...
Imagenation Photography. Retainers are non-refundable and are not returned, as they are used to reserve and hold your date and cover overhead cost and time spent planning and prepping for your wedding.
Initial Business Response /* (1000, 5, 2016/08/10) */
I uploaded it into your gallery the night you asked for it just like I said I would.
And I totally forgotten mention the print release, is included in your digital contract you signed and could access to use.
Initial Consumer Rebuttal /*...
(2000, 7, 2016/08/12) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Initial Business Response /* (1000, 18, 2016/06/21) */
VIP By Mary Nicole Response: [redacted] & I came to an agreement. There was no breach in contract by the business as there was no contract. Was waiting on [redacted] to pick her top favorites for her proof book. Photos and proof book were delivered last year...
and half of the money returned to [redacted]. There was over double the number of photos promised delivered to the client. Here is the link to the photos: http://vipbymarynicole.pass.us/donaldfamilyjune27th2015
Initial Business Response /* (1000, 5, 2015/11/05) */
This contract is between the photographer the client as detailed below,
Photographer's name: [redacted] with Vivid Imagenation
Email: [redacted]@vipbymarynicole.com
Phone number: (XXX)XXX-XXXX
Ceremony time and date: Saturday, April 25th,...
2015 Name of venue: [redacted] Fields
Address: Metamora, IL
Reception time and date: Saturday, April 25th, 2015 Name of venue: [redacted] Fields
Address: Metamora, IL
1. A Summary of the Contract
The photographer is responsible for providing for the client a photographic service and products as detailed in the previous contract section 2 ('coverage'). The client is to respect the copyright regulations covered in section 3. Both photographer and client are to agree to the rules of attendance listed in section 5. The client undertakes to engage the photographer for this coverage for the price as detailed in section 7.
The person(s) whose signature(s) appear on this contract, known as "Client", agree that [redacted], known as "Vivid Imagenation Photography", shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Illinois shall govern this contract, and any resulting arbitration shall take place within Tazewell County, Illinois. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary.
2. Amending The Previous Contract
The previous contract still remains in affect except for the following:
_______ _______ MNF .
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 1 of 3
A. The Client forfeits all the following products in return for a refund equal to and not greater than $2160.00.
a.$200 in Print Credits b.1-12x12 Album c.2-8x8 Parent Albums
B. The Client shall receive a total refund equal to and not greater than $2160 in the following schedule: a.$760.00 on October 28th, 2015
b.$700.00 on December 1st, 2015
c.$700.00 on January 1st, 2015
d. All efforts will be made by the photographer to make payments on time. If the photographer cannot make the payments as scheduled a one time $25 late fee will be added to the payment. The photographer will also make the effort to notify the client in the event that the payment will not be on time. If photographer is more than 30 days passed [redacted] on a payment, client will be forced to take photographer to small claims court to resolve the issue.
C. The Clients agrees to take down or delete any previous negative comments and reviews along with ceasing any future negative or slandering of the personal identity or [redacted] and/or the business identity Vivid Imagination Photography aka VIP by [redacted] everywhere. The client admits to an agreed resolution as being followed by this contract.
D. The Photographer is still within the boundaries of the previous and current contract and admits to no fault. The photographer has done everything within their power to obtain and follow the contract and has every intention of fulfilling it within these amendments and keeping the client happy. The photographer has taken action to be more available for the client to contact and all clients in this retrospect. The following steps have been placed into action to resolve communication efforts:
a. A new contact system has been set into action upon the website and through email and more.
b. The website has forms that directly connect the clients with the photographer to help insure quick response times.
c. New Emails have been set up for different points of client service to insure quick response times.
d. Interns have been hired to help with business needs, especially during busy times of year so we can balance everything to better insure client happiness and communication.
e. Photographer is working on sending out a mass email to all clients and educating future clients on the best methods of reaching the photographer. Email will be a primary way to reach and record efforts along with phone calls. Text Messages and Facebook. will no longer be a valid way to connect.
f. Facebook has been set up with an automatic reply to direct clients to email to reach the photographer as we are not always available on Facebook to answer messages.
g. A Calendar is being developed for reminding the photographer and her interns to reach out to clients to give them a status on their photography experience including when to expect and reminders for meetings, shoots, photos being completed, ordering sessions, orders to arrive and more. This will help with clients having to reach out for the photographer and give them peace of mind that we are working on their photos and have them in mind and will be getting to them shortly.
E. The previous contract has been completed besides the following:
a."Rain Day Insurance: By booking your wedding with us, we insure your day with what we call "Rain
day Insurance." Rain Day Insurance is executed when photos are unable to be taken on the day of the wedding at the photographer's discretion only. An short After Session will be offered at no additional cost to the bride and groom. "
b. This after session will be scheduled within both the photographer and clients' availability and within reasonable weather efforts as the photographer and the clients cannot control the weather.
c. The print minimum 50 digital images and print release will be available through PASS * 4 weeks after the session takes place.
F. The clients agree that the photographer went above expectations of previous agreement as follow: a. 13+ hours of wedding day coverage was completed. (previous contract states 9 hours)
b. 2078 images were edited, completed and delivered. (previous contract states a minimum of 750
_______ _______ MNF .
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 2 of 3
images and more than the minimum were completed and delivered on time.)
c. 3 photographers were present the day of the wedding (previous contract states 2photographers)
d. Engagement Session was completed with 153 images (previous contract states minimum of 100 images)
e. Photographer gifted a maternity session because client only used an hour of the engagement shoot.
f. Photographer gifted a "1 year old session" out loyalty and good heart because the wedding day didn't go as planned at no fault of the photographer's.
g. Photographer offered a family session for the bride's side as well because photos were limited the day of the wedding at no fault of the photographer's. As stated in section 2 of the previous contract "Coverage: Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated [redacted] be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Number of photos [redacted] vary from client to client depending on many factors including but not limited to: wedding party size, family size, guest size, length of day, how late the reception lasts, efficiency of the day, decorations, and lighting."
h. Photographer surprised client with a large amount of prints valued over $300 from various sessions as a gift for Christmas 2014.
G. Upon completion of this amended contract there shall be no further obligation to the client or the photographer.
I have read, understand and agree to the terms and conditions of this Agreement/ Contract in their entirety. Each person signing as Client below and initialing each page shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 3 of 3
(The consumer indicated he/she DID NOT accept the response from the business.)
Mary has responded but unfortunately we still do not have pictures so I do not find this case resolved. Once I have the pictures and finally products I will see this case closed.
Initial Business Response / [redacted] (1000, 18, 2016/06/21) */ VIP By Mary Nicole Response: [redacted] & I came to an agreementThere was no breach in contract by the business as there was no contractWas waiting on [redacted] to pick her top favorites for her proof bookPhotos and proof book were delivered last year and half of the money returned to ***There was over double the number of photos promised delivered to the clientHere is the link to the photos: http://vipbymarynicole.pass.us/donaldfamilyjune27th
Sabrina and I have came to an agreement and have settled mattersI do want to state, I never broke my contract with Sabrina and worked with her and her family to settle things respectivelyI did not change my business name, but am starting a new businessSabrina was contracted under Vivid Imagenation PhotographyRetainers are non-refundable and are not returned, as they are used to reserve and hold your date and cover overhead cost and time spent planning and prepping for your wedding
Initial Business Response / [redacted] (1000, 5, 2016/08/10) */ I uploaded it into your gallery the night you asked for it just like I said I would And I totally forgotten mention the print release, is included in your digital contract you signed and could access to use Initial Consumer Rebuttal (The consumer indicated he/she ACCEPTED the response from the business.)
Good Morning ***,
I hope this finds you wellI just received a complaint from Revdex.com In reference to your servicesI'm terribly sorry you felt as though you had to go this extentIt states that you need your photos stillI've sent the link using pass program multiple times and even copies the
URL into a regular email for youCould you please provide me with your new physical address so I can send these out on a USB promptlyOnce you receive them, we will need a list of your favorites so I know what to use for your products you receiveThen we can go from there
I am so sorry this hasn't been convenient for youThat was not my intention at allI absolutely loved working with you and Tyler and hope we can resolve this for you promptly
Mary Nicole ***
Owner, Photographer, & Creative Director
PHONE ***
EMAIL ***
***
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me.
Sabrina and I have came to an agreement and have settled matters. I do want to state, I never broke my contract with Sabrina and worked with her and her family to settle things respectively. I did not change my business name, but am starting a new business. Sabrina was contracted under Vivid...
Imagenation Photography. Retainers are non-refundable and are not returned, as they are used to reserve and hold your date and cover overhead cost and time spent planning and prepping for your wedding.
Initial Business Response /* (1000, 5, 2016/08/10) */
I uploaded it into your gallery the night you asked for it just like I said I would.
And I totally forgotten mention the print release, is included in your digital contract you signed and could access to use.
Initial Consumer Rebuttal /*...
(2000, 7, 2016/08/12) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Initial Business Response /* (1000, 18, 2016/06/21) */
VIP By Mary Nicole Response: [redacted] & I came to an agreement. There was no breach in contract by the business as there was no contract. Was waiting on [redacted] to pick her top favorites for her proof book. Photos and proof book were delivered last year...
and half of the money returned to [redacted]. There was over double the number of photos promised delivered to the client. Here is the link to the photos: http://vipbymarynicole.pass.us/donaldfamilyjune27th2015
Initial Business Response /* (1000, 5, 2015/11/05) */
This contract is between the photographer the client as detailed below,
Photographer's name: [redacted] with Vivid Imagenation
Email: [redacted]@vipbymarynicole.com
Phone number: (XXX)XXX-XXXX
Ceremony time and date: Saturday, April 25th,...
2015 Name of venue: [redacted] Fields
Address: Metamora, IL
Reception time and date: Saturday, April 25th, 2015 Name of venue: [redacted] Fields
Address: Metamora, IL
1. A Summary of the Contract
The photographer is responsible for providing for the client a photographic service and products as detailed in the previous contract section 2 ('coverage'). The client is to respect the copyright regulations covered in section 3. Both photographer and client are to agree to the rules of attendance listed in section 5. The client undertakes to engage the photographer for this coverage for the price as detailed in section 7.
The person(s) whose signature(s) appear on this contract, known as "Client", agree that [redacted], known as "Vivid Imagenation Photography", shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Illinois shall govern this contract, and any resulting arbitration shall take place within Tazewell County, Illinois. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary.
2. Amending The Previous Contract
The previous contract still remains in affect except for the following:
_______ _______ MNF .
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 1 of 3
A. The Client forfeits all the following products in return for a refund equal to and not greater than $2160.00.
a.$200 in Print Credits b.1-12x12 Album c.2-8x8 Parent Albums
B. The Client shall receive a total refund equal to and not greater than $2160 in the following schedule: a.$760.00 on October 28th, 2015
b.$700.00 on December 1st, 2015
c.$700.00 on January 1st, 2015
d. All efforts will be made by the photographer to make payments on time. If the photographer cannot make the payments as scheduled a one time $25 late fee will be added to the payment. The photographer will also make the effort to notify the client in the event that the payment will not be on time. If photographer is more than 30 days passed [redacted] on a payment, client will be forced to take photographer to small claims court to resolve the issue.
C. The Clients agrees to take down or delete any previous negative comments and reviews along with ceasing any future negative or slandering of the personal identity or [redacted] and/or the business identity Vivid Imagination Photography aka VIP by [redacted] everywhere. The client admits to an agreed resolution as being followed by this contract.
D. The Photographer is still within the boundaries of the previous and current contract and admits to no fault. The photographer has done everything within their power to obtain and follow the contract and has every intention of fulfilling it within these amendments and keeping the client happy. The photographer has taken action to be more available for the client to contact and all clients in this retrospect. The following steps have been placed into action to resolve communication efforts:
a. A new contact system has been set into action upon the website and through email and more.
b. The website has forms that directly connect the clients with the photographer to help insure quick response times.
c. New Emails have been set up for different points of client service to insure quick response times.
d. Interns have been hired to help with business needs, especially during busy times of year so we can balance everything to better insure client happiness and communication.
e. Photographer is working on sending out a mass email to all clients and educating future clients on the best methods of reaching the photographer. Email will be a primary way to reach and record efforts along with phone calls. Text Messages and Facebook. will no longer be a valid way to connect.
f. Facebook has been set up with an automatic reply to direct clients to email to reach the photographer as we are not always available on Facebook to answer messages.
g. A Calendar is being developed for reminding the photographer and her interns to reach out to clients to give them a status on their photography experience including when to expect and reminders for meetings, shoots, photos being completed, ordering sessions, orders to arrive and more. This will help with clients having to reach out for the photographer and give them peace of mind that we are working on their photos and have them in mind and will be getting to them shortly.
E. The previous contract has been completed besides the following:
a."Rain Day Insurance: By booking your wedding with us, we insure your day with what we call "Rain
day Insurance." Rain Day Insurance is executed when photos are unable to be taken on the day of the wedding at the photographer's discretion only. An short After Session will be offered at no additional cost to the bride and groom. "
b. This after session will be scheduled within both the photographer and clients' availability and within reasonable weather efforts as the photographer and the clients cannot control the weather.
c. The print minimum 50 digital images and print release will be available through PASS * 4 weeks after the session takes place.
F. The clients agree that the photographer went above expectations of previous agreement as follow: a. 13+ hours of wedding day coverage was completed. (previous contract states 9 hours)
b. 2078 images were edited, completed and delivered. (previous contract states a minimum of 750
_______ _______ MNF .
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 2 of 3
images and more than the minimum were completed and delivered on time.)
c. 3 photographers were present the day of the wedding (previous contract states 2photographers)
d. Engagement Session was completed with 153 images (previous contract states minimum of 100 images)
e. Photographer gifted a maternity session because client only used an hour of the engagement shoot.
f. Photographer gifted a "1 year old session" out loyalty and good heart because the wedding day didn't go as planned at no fault of the photographer's.
g. Photographer offered a family session for the bride's side as well because photos were limited the day of the wedding at no fault of the photographer's. As stated in section 2 of the previous contract "Coverage: Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated [redacted] be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Number of photos [redacted] vary from client to client depending on many factors including but not limited to: wedding party size, family size, guest size, length of day, how late the reception lasts, efficiency of the day, decorations, and lighting."
h. Photographer surprised client with a large amount of prints valued over $300 from various sessions as a gift for Christmas 2014.
G. Upon completion of this amended contract there shall be no further obligation to the client or the photographer.
I have read, understand and agree to the terms and conditions of this Agreement/ Contract in their entirety. Each person signing as Client below and initialing each page shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
[redacted]WeddingXXXXXXAMENDMENT Bride Groom VIP REP
Page 3 of 3
(The consumer indicated he/she DID NOT accept the response from the business.)
Mary has responded but unfortunately we still do not have pictures so I do not find this case resolved. Once I have the pictures and finally products I will see this case closed.