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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 29 Sep 2008 (Monday) 22:36
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I still have not gotten paid!!!

 
OdiN1701
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Sep 30, 2008 10:57 |  #16
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I don't shoot if I don't get paid. Simple as that.

Now MAYBE I would if there was really a good reason and I felt bad for them.

But I certainly would NOT put anything up online or give them any sort of work at all until paid.

Honestly, I wouldn't even do any post processing until I was paid, and if I was never paid, I'd probably just take a few of the best shots, process them, and toss them in my portfolio.

You said you have a contract, so you should have some legal ground.

Increase your retainer from $75 to at least $250, if not just say 50%. NON refundable, except if you can book a replacement for that date, or some horrible tragedy like B or G killed in an accident or something I'd give it back but other than that, keep it.

If you get half the money before you shoot, you likely will not have an issue getting the other half.

The reason I MIGHT shoot witout getting the final payment is because I'd already have 50% of the money, non-refundable. If I don't do any more work at all after that, then usually it's a decent amount for my time spent at the event, so if I got stiffed I could live with it. But then I've never had any problems getting paid.


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Dennis_Hammer
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Sep 30, 2008 14:07 as a reply to  @ OdiN1701's post |  #17

First everyone is right take down that gallery with and replace with the above mentioned expiration message. Next time set yout timing to be paid further in advance so the warning can be early. Next if not paid in full, don't show period but make sure you received enough of a deposit to cover your loss of a day. Also when you decided to shoot the wedding without payment at least collect a post dated check. A check is a contract and it's illegal to give a bad one post dated or not. Also you can not cancel a check for service payment 'legally'. So if they post dated check bounces or is canceled you can alway copy and paste the relevant law into a certified letter requesting bank funds. Here in Connecticut you can go to the local police and receive an eight day letter 'not sure if it's still called that' that gets mailed from the police station explaining the law and that payment should be made in eight days or it goes from a civil matter to a criminal matter.




  
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stathunter
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Sep 30, 2008 14:13 |  #18

Sorry about your mess. You will find that working with friends and family is a real no no. They tend to be the worst to work with. My contact states that I am paid a retainer upon signing of the contract (50% of the fee is my retainer). The balance is due 4 weeks prior to the wedding. This saves any way of dealing with getting paid or having to deal with this on the wedding day. Everything is paid and everyone understands the payment process/schedule.


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cdifoto
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Sep 30, 2008 14:17 |  #19

CanonLaw wrote in post #6407116 (external link)
Please move this to the wedding forum if that's where it goes.

I shot a wedding for a friend of a friend on Sept. 13. The cost was $600 (im still new) and they gave me a $75 deposit already. Well, in my contract it said that all money is due by the wedding day. Well on the wedding day, she had some sob story about how she needed another week to pay me, basically, after she gets back from her honeymoon.

Well, I upload all the images on my website for her and her family to see, and email her the link. This is the following Saturday, so a week after the wedding. We had agreed verbally she would pay a week after her wedding. Well, no email, no phone call, nothing. I tried emailing her a few times, and finally called her today, because I have not heard from her at all. She does not have any pictures, as I have the DVDs.

She just has an online gallery to look at, so she can't print anything. Anyways, I know I should not have done it without getting paid by the due date, but because she was a friend of a friend, and I had a contract to fall back on, I decided it was ok.

I just wonder how long I need to wait before I send her an official letter that she has to sign for. At this point I don't care when she gets the pictures, but I do care when I get my money. I have given her two weeks and NO CONTACT AT ALL! I do this on the side, so I don't need the money to pay the rent this month, but I do need it. I have plans for the money, and I have ended up using some money for my savings account that I wouldn't have needed to use otherwise.

I don't want to take her to court, but I think if it makes it to a month with no contact, I will have to do it. Thank god I have a contract!!!!

Any advice for this dummy who has just learned ALOT from his most recent mistake?

Friends of friends are not my friends.

The minute you violate your own terms (which you did by letting shooting without payment on day of), you void your contract.


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Dermit
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Sep 30, 2008 14:34 |  #20

You could always let them know that if payment is not received by a specific date then all images will be removed from your computer. By saying this they don't know for sure if you mean that you will delete them or what. Might get their attention and push the issue.


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rooeey
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Sep 30, 2008 14:39 |  #21

Go to there house knock on there door and ask them for your money....
Be polite but be persistant do not leave until you know where you stand ..Hopefully with some cash....
What is it they say about friends and business ?


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MJPhotos24
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Sep 30, 2008 15:45 |  #22

Definately take down the link and put a message similar to what was posted by "somthingsimple". Call your friend who's there friend and ask them what's going on and if something is wrong with the couple, even if you know there isn't. Now that friend turns and calls them going "I hooked you up and you're making me look bad!" or something like that and maybe that gets them moving.

Whatever you do don't go to there house as suggested and don't cross the border of harassment of calling non-stop. There's usually a three strike rule - and editorial is a bit different but it's usually 30 days to get the payment before reminder #1; 60 days is reminder #2; 90 days is congratulations you get to meet my lawyer. Seems she's already past strike one and two by not paying on the due date or the extension date while not getting in touch at all. I'd probably give it a few days after talking to your friend and see if you get contacted, if not - final certified letter she has to sign for saying the next action will be a lawyer. Sometimes has to be done, I just had to do it with a newspaper.


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CanonLaw
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Sep 30, 2008 18:36 |  #23

cdifoto wrote in post #6410893 (external link)
Friends of friends are not my friends.

The minute you violate your own terms (which you did by letting shooting without payment on day of), you void your contract.

Did I violate my terms though? I didn't tell them they have to pay early, and I am not trying to tack on fees (I should add that to my contract though). I just gave them an extension to pay me for the contracted work. I don't see how that would be a problem, and hopefully it isnt! :(




  
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CanonLaw
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Sep 30, 2008 18:39 |  #24

Well I sort of took everyone here's advice. I took down the gallery and I replaced it with the following message.

"Gallery Temporarily Unavailable, Please check back soon."

Maybe that is not strict enough. I think I will add something about replacing it when contract is fulfilled.

And yeah, friend of a friend is no friend of mine. It just pisses me off that people would even do this though.




  
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CanonLaw
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Sep 30, 2008 18:47 as a reply to  @ CanonLaw's post |  #25

This is what I put up there. I tried to be firm sounding, without saying pay me you cheap bastards!!!!

The frustrating thing is also that I get a lot of joy when people really like their wedding pictures. I really do like giving them something they can treasure. It is a shame it turns into this, where we have to stop acting like human beings and start doing whatever we can to get what we deserve.


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cdifoto
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Sep 30, 2008 18:48 |  #26

I'd change the "upon completion of contract" part. As it is, it sounds like YOU are the one that has to complete the contract.


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cdifoto
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Sep 30, 2008 18:49 |  #27

CanonLaw wrote in post #6412404 (external link)
Did I violate my terms though? I didn't tell them they have to pay early, and I am not trying to tack on fees (I should add that to my contract though). I just gave them an extension to pay me for the contracted work. I don't see how that would be a problem, and hopefully it isnt! :(

Violate might have been too strong of a word. But when you don't enforce some terms of the contract, you pretty much put every other term up for debate.


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CanonLaw
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Sep 30, 2008 18:50 |  #28

cdifoto wrote in post #6412456 (external link)
I'd change the "upon completion of contract" part. As it is, it sounds like YOU are the one that has to complete the contract.


Should I just say, upon full payment, or once payment has been received?




  
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cdifoto
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Sep 30, 2008 18:51 |  #29

I would simply say "Gallery Temporarily Unavailable."

Those who care will contact you to find out why.


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S-S
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Sep 30, 2008 18:57 as a reply to  @ cdifoto's post |  #30

i still think having some mention of expiry time would be a strong hint that they need to get a move on, without alerting strangers who view it as to what is going on




  
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I still have not gotten paid!!!
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