However, if there is no video or photos to capture these special moments, the wedding can turn out to be a let down for everyone, particularly the bride and groom. If the wedding photographer is a no-show the insurance cover for the same can be the saving grace in such a situation, allowing you to call up another photo shooter at the last minute or re-shoot the moments after the wedding.
If a wedding photographer doesn't show up for the wedding, the pain can be excruciating after the reality hits home that you probably will not be seeing those lovely moments that make a wedding ceremony priceless suspended in photo stills and video. While you might move on with the hurt you might wonder if the deposit paid will be lost too. Essentially, the deposit is not really lost, which is also true for other wedding vendors with whom you might have a contract to deliver certain things only for them to be a no-show.
In the case of photography, it's important to always have the contract signed in mind. First off, it's critically important to sign contracts with your wedding photographer to have the legal basis of suing for breach of contract in case the individual is a no-show.
The wedding photo shooter will be in breach of the contract if the service he was hired or signed to provide is not provided or offer the service as promised.
Theoretically, any little detail of a contract for the wedding photography that was not met to the groom and bride's satisfaction offers a valid reason to claim for breach of contract. Remember you can also sue for misrepresentation if what you signed for is not exactly what you got. For instance, you might have signed a contract with a wedding photographer after the individual claims to be a professional and a member of diverse professional guilds and a former wedding photographer of the month or year or has worked for top magazines.
Such an impressive track record might compel you to sign up only for a bozo to turn up and make a fool out of you and the wedding with poorly done video and photos. It is his duty to save photos or data in safe format. You send a legal notice intimating him to give your marriage photos withing 15 days time and also sought damages in that. If he is not, then file a consumer case against him and claim your amount with interest and damages.
You can contact us if your interested or contact any advocate for this. Please proceed,. The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue. Sorry to hear your grievance. And you are an Consumer as per Consumer Protection Act, Send a Legal Notice to him from an Advocate stating that to give back the photos and videos within a specified time or else you will be suing him for damages.
The number of photos provided, at what date the photos would be provided, and the amount of time spent photographing the event are some examples of common wedding photographer contract terms. This will serve to provide your case with as much evidence of a breach as possible. Additional forms of evidence could be witness statements and copies of communication between you and the photographer, such as emails or text messages. Breach on contract is the most common legal option when filing a lawsuit against a wedding photographer.
Other legal theories could include misrepresentation and fraud. A case involving a couple and their wedding photographer could be handled in small claims court. Small claims court tends to handle cases involving smaller amounts of money, between individuals, or an individual against a business.
Once the lawsuit proceeds to court, the photographer will have the chance to defend themselves against your claim. Some commonly utilized defenses include but may not be limited to:.
If you are needing to sue your wedding photographer, you should consult with a skilled and knowledgeable business attorney. An experienced business attorney can review the contract and determine which legal theory may best be applied to your particular situation. Additionally, an attorney can inform you of your rights and the laws and statutes of your state that may apply to your case.
Finally, an attorney can also represent you in court, as needed. Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.
Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Contract Drafting and Review. Business Disputes.
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