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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 15 Apr 2010 (Thursday) 20:36
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REsponsible for school photos sent without request?

 
reelly1
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Apr 15, 2010 20:36 |  #1

I have looked and cant seem to find an answer to this question. Recently we ordered a class picture of my five year olds kindergarten class. She comes home with with a photo package of three sheets. She has already opened them on the school bus etc. We see the pictures and kind of think wow we get all three sheets of smaller photos with class picture. Well then we get a bill since we did not return any unwanted pics. Are we legally liable for such photos? It is not about the $24 to me more about giving five year olds pictures and paper work to bring home. The pictures were done by lifetouchschoolportrai​ts.com. They were great pics but kind of deceiving.


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lvidmar
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Apr 16, 2010 01:09 |  #2

When I was in school...
I think we were sent with an order form to select which sizes you want to order. Bring home the form on "picture day" or maybe the day before, and you order the pictures you want. Nobody was ever sent with a "risk free trial" package that had to be returned.

"Free trial" = good
"Risk free trial" = shady


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Jimconnerphoto
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Apr 16, 2010 02:13 |  #3

Did you like them?
Personally I think it's great you get to see a sample of the final product and not just a thumbnail on a website. But I guess if you really want to push the issue you have an argument for not ever requesting them. Really why though? IMO it's not a big deal. If you like them pay for them. If not send them back. If a lot of parents kept them without paying I guess they would probably stop sending them home with the students.


Edit- sorry, I didn't read your post very well. I thought they were proofs. They upped your order without asking? Yea, that certainly doesn't sound right. I can say I have had my kids pictures taken by them and never had that happen. I think it was probably just a
mistake. What was their response when you asked them?


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tracknut
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Apr 16, 2010 09:32 |  #4

I have seen this tactic as well in the dog photography business. It's certainly a way to force sales on folks, but I think it's a bit sleazy. I'd send them back, roughed up as they are, with a no-thank you, but I suspect you aren't even liable to send them back.

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gravy ­ graffix
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Apr 16, 2010 10:06 |  #5

Yeah it's a risk on their part to send home a small set.... They bank on the parents saying ...awe how can we send these back?

My kids have been used like this too... They lose paper work or what ever.

I can't stand lifetouch with using this bs tactic. But I can't argue with them. If a package is 24 bux, and if they have $1.00 in actual materials by having the extra prints in there I'm betting 23 parents are NOT going to send them back. It's a good profit risk for them.


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msfvirginia
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Apr 16, 2010 16:57 |  #6

I wonder what the legality of having to send them back is. What happens when a parent figures hey free pictures and keeps them and doesnt send them back to the school. Its not like the kid signed a contract. :D




  
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Andrushka
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Apr 16, 2010 17:15 |  #7

yeah i think the "terms and conditions" paper fell on the floor of the bus the day your kid brought them home :-)

if it bothers your conscience send them back, if you like them pay for them or just let it slip to the bottom of the pile.

In theory how would a underhanded photo operator collect on that? could they in reality?


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StellaBean
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Apr 16, 2010 17:19 as a reply to  @ Andrushka's post |  #8

this is how our school does their spring pictures. a form is sent home about 2 weeks prior and it says you'll pay nothing NOW. they take the pictures then send the kids home with the prints. you keep what you want then send back payment and any you don't want.

they use life touch also. frankly i think the pictures are horrible. i've been annoyed with the quality for years.


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Andrushka
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Apr 16, 2010 17:32 |  #9

StellaBean wrote in post #10008818 (external link)
this is how our school does they use life touch also...


so its standard procedure for them... must be written somewhere that gives them some recourse against freebies.

You don't happen to know what the contract/T&C says do you?


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StellaBean
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Apr 16, 2010 17:40 as a reply to  @ Andrushka's post |  #10

dangit I threw it away just the other day cleaning out the paper pile. You have x amount of days to preview the pics. I honestly can't remember but I think there's something on the envelope the pics comes in about what happens if you don't pay or send back unwanted pics. the paper that arrived prior to photo day is mostly just to alert you of the date and to select a pose.


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reelly1
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Apr 16, 2010 18:12 as a reply to  @ StellaBean's post |  #11

Sorry guys been out and away from puter. Yes it says somewhere in not so obvious places on the folder that you can choose whatever pages you like and send back the others. But basically they sent out the largest package they were selling, I think it was four sheets. One was key chain pics that break out of the plastic etc, the others were wallet and maybe one size larger. Welll we paid for calss pictures and my daughter comes home with an envelope with the class picture and the other sheets. My mother was here when we looked at them. So grandma had to have a few. Anyway the folder was already opened like most of the kids will do to stuff on the bus. And then about three weeks later we get a bill for about $60 for the package we didnt return. We sent them back what was left along with a letter stating our thoughts of the kind of underhanded trick.

I know if we liked them, pay for them. ANd we understand they provided a service but come on handing stuff like that to elementary students and no explanation.

Thanks


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freaking102
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Apr 16, 2010 20:07 |  #12

reelly1 wrote in post #10009067 (external link)
Sorry guys been out and away from puter. Yes it says somewhere in not so obvious places on the folder that you can choose whatever pages you like and send back the others. But basically they sent out the largest package they were selling, I think it was four sheets. One was key chain pics that break out of the plastic etc, the others were wallet and maybe one size larger. Welll we paid for calss pictures and my daughter comes home with an envelope with the class picture and the other sheets. My mother was here when we looked at them. So grandma had to have a few. Anyway the folder was already opened like most of the kids will do to stuff on the bus. And then about three weeks later we get a bill for about $60 for the package we didnt return. We sent them back what was left along with a letter stating our thoughts of the kind of underhanded trick.

I know if we liked them, pay for them. ANd we understand they provided a service but come on handing stuff like that to elementary students and no explanation.

Thanks

If someone sends you goods and you did not request them, you can keep them, and have no obligation to return or pay for goods. You are not legally obligated to pay unless you had an agreement.

Keep the pics and ignore the invoice.




  
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Old ­ Coot
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Apr 16, 2010 20:57 as a reply to  @ freaking102's post |  #13

The Federal Trade Commission agrees with freaking102

Enjoy your free pictures :)


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Pennington
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Apr 16, 2010 21:01 |  #14

The group we contract with at the school I work for does this. I think it's shady. Send the packets home, knowing full well that half won't even make it to the parents, that parents will forget to send them back, etc. Then bill them for it.

On the other hand, all the ones they get back un-purchased get destroyed, which seems incredibly wasteful. I'm not fond of that, either.

But that's what you get when you go with a "portrait farm" group.




  
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Old ­ Coot
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Apr 16, 2010 21:11 |  #15

Pennington wrote in post #10009927 (external link)
On the other hand, all the ones they get back un-purchased get destroyed, which seems incredibly wasteful. I'm not fond of that, either.


The group that does my school's pictures prints the 'proofs' on an envelope with the package descriptions and prices. The parents simply circle the package or packages they want and put the $$$$ in the envelope. When the prints are delivered, the parents get their order with the original envelope attached so they can verify their order. Since going with this way of buying prints, we have had very few complaints. But, we also have very few parents buying pictures.


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REsponsible for school photos sent without request?
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