Wedding Photographer is Charging Extra for the Photo Files
My question involves a consumer law issue in the State of: Massachusetts
Regarding wedding photography:
My sister hired a wedding photographer. In an initial email, the photographer stated that her rate would be $1300 for her time only. My sister misunderstood, since the photographer verbally stated that the disc of images was included (my sister, her fiance, and my mother all were witnesses to the photographer verbally indicating that the disc was included, and would not have hired this photographer otherwise). The contract, which appears as though a first-grader wrote it, makes no mention of the disc whatsoever, and indicates that the pictures would be delivered "about 8 weeks after the wedding".
Fast forward to the wedding night, as the photographer was leaving, she told my sister that the disc would be an additional $600. The pictures were not delivered until 14 weeks after the wedding and there are several key pictures that are missing/were not taken.
The photographer maintains that she told my family that the disc was $600, and "she is willing to take $100 off to make up for the missing images". My family is willing to pay $300 for the disc and the photographer is not budging from $500. Does my family have a legal leg to stand on, even in small claims court? They don't want any money back, they just want a fair price on the disc of images.
Thank you!
Re: Wedding Photographer is Charging Extra for the Photo Files
It is your fault for signing a vague contract. The images belong to the photographer, absent a contract to the contrary. They are free to establish a price for their work.
Re: Wedding Photographer is Charging Extra for the Photo Files
If the contract provides that your sister was paying only for the photographer's time, and not for any pictures - whether in file or print form - then that's what your sister purchased. From what you have told us, whatever the prior discussion, both the email outlining the terms that your sister accepted and the contract that your sister signed provide that she would have to pay an additional amount for any pictures or disks.
I was not a party to the conversation, and I have seen neither the email nor the contract, so I'm limited in what I can say. Sometimes it's possible to fall back on consumer laws, which may support a claim based upon material differences between oral promises and the written contract, but that's less likely to succeed when the deal is accepted after the terms are stated clearly in an email and in a contract that is apparently so simple and clear that even a first grader could understand it.