My question involves a consumer law issue in the State of: Tennessee
We paid a local "professional" to shoot our wedding. She was a member of the state wedding professional photography assosciation, had good references, show good work to us, and was mid to mid high in price for this area
I have filed a small claims court case due to the poor quality of both the photos and video.
THe reasons for being devastated over her work include the following but I will spare you a long list of why.. as there things I must show proof of in court
1) she used a 6mp camera after stating to us in in the contract meeting that " no professional shoots a wedding in less than 12mp" ( think cellphone quality photos at 6mp)
2) I specifically told her I would not contract her for both video and photographery if that meant she would be trying to take the photographs and run a camera during the day as that greatly decreases the quality. She stated absolutely not that she would have professional people to do video and her as the photographer for photos if hired for both.
Her on video she gave us shows her running the camera and taking photos.
3) the photos are mostly dark, out of focus, have objects such as chairs blocking the intended subjects in portrait shots
4) she failed to show up for our pre-wedding day meeting to discuse what we wanted and explore the venue for her to get a feel for the setting she would be working in.
the list goes on but those are all things I have to present as proof to my case..
The contracted stated full payment is due 14 days before the wedding which she got at 21 days before.
My concern is that she has altered what is the standard wording in a contract for service to read...
" I take great care in exposure, development, and delivery of my photographs and videos. However, in the event the studio fails to comply with the terms of this contract, (name of business)'s liability is limited to the refund of the deposit.
In standard paid service contracts that should read - " is limited to the total amount paid for services"
Because she herself has changed the words, can I only recover the deposit? or will the standard wording of a paid service contract be upheld?
Her wording could be interrupted in that if she failed to show up at all at the wedding and do any work taking photos and video that me the consumer could only get back the deposit.
What can expect as far as what I can actually win for the breech of contract issues etc.
I only filed for what was paid her plus courtcost .
Can the judge ignore her wording for the standard legal wording of a service contract?
Thanks for any input