If you shoot Weddings...

BobDiaz

BobDiaz

The Professor
This is why Wedding Photographers and Video People need to have a "Limit Of Liability" clause in the contract:

Remis, a former financial analyst from New York City, married Milena Grzibovska in 2003, at a mock-medieval castle in Tarrytown, N.Y. The couple had paid $4,100 to hire the H & H photography studio in the Bronx to take pictures and video of the ceremony and reception.

But when Remis went back to the studio a month later to look at the proofs, he complained that the photographer had missed the last fifteen minutes of the party, including the last dance and bouquet toss. He said in the deposition that in response, employees at H & H "yelled" at him.

But it wasn't until 2009, a year after he and Grzibovska had separated--amicably, Remis says--that he got around to filing a lawsuit, claiming, among things, "infliction of emotional distress." (Their divorce was finalized in 2010). Aside from not including the last 15 minutes, he charged, the photographs were "unacceptable as to color, lighting, poses, positioning." He also alleged that the video was only two hours long, when he'd expected it would record the whole six hour duration of the wedding.

In addition to getting back his $4,100, Remis wants H & H to pony up $48,000 to fly the wedding's principals back to New York, so that a different photographer can re-shoot it.

...
Click to expand...

http://news.yahoo.com/blogs/lookout...ding-recreated-despite-divorce-152114072.html


Can you believe it?


Bob Diaz
 
H&H could be a lemon of a company, but lets say you or I try our very best to film a wedding. Is there any protection for this?
 
Isn't there some kind of statute of limitations against this kind of thing? Or does that not apply in civil cases?
 
Well I find many odd things in the article. Although I no longer do weddings. I never did a wedding in which the bouquet toss was within the last 15 minutes.
He's divorced-- was the other stand-out.

In my contract I have/had language, essentially saying; I (company) can't guarantee everything will be captured. I also ask them to tell me what not to miss, but still no guarantee I'll capture it.
Then the other thing I do is get permission to leave. (I only asked when the event was basically wound down and has perhaps 15 minutes left.)
 
Along with many other statements my contract says the following.

1. Creative aspects such as shooting and editing style are at the discretion of kgi media llc.
2. Any liability on the part of kgi media llc will be limited to the amount of monies paid.

and the kicker is

3. Upon taking possession of the finished product, the client must inform kgi media llc of any technical or other problems with the video within 7 days. After 7 days, if no notification has been received, the client will be deemed satisfied with the product.
 
Write a halfway decent contract before a couple agrees to hire you. You can easily protect yourself from this kind of absurdity.
Most of the case was dismissed anyhow.... sucks though, having to pay some 50 grand in legal fees. No wonder why she divorced the guy.
 
kgimedia,

I'm not sure how often a person tries to sue a photographer/videographer for an excessive amount, but it costs nothing to add the lines you listed to the contract. Good idea, it could save you a from some greedy nutcase.


Bob Diaz
 
kgimedia said:
Along with many other statements my contract says the following.

1. Creative aspects such as shooting and editing style are at the discretion of kgi media llc.
2. Any liability on the part of kgi media llc will be limited to the amount of monies paid.

and the kicker is

3. Upon taking possession of the finished product, the client must inform kgi media llc of any technical or other problems with the video within 7 days. After 7 days, if no notification has been received, the client will be deemed satisfied with the product.
Click to expand...

Not a bad idea at all. Also, what someone said about getting permission to leave is a good point too. I always have a predetermined out time after which my hourly rate becomes what I feel like it should be but checking in before you leave is good manners, good business, and a good way to CYA.

Also, based on the photos in the news report, they seem more than competent to me. I know there was a story a while back of some videographers totally botching the gig, I think they actually had footage of themselves drinking on the video. Still, that lawsuit was for less than 10K.
 
Hey Bob, that man is trying to find a excuse for his divorce, blaming on the video. I personally think a wedding video should not last more than 30-45 mts.
Is matter of powerful images and particular moments. That to me is a low quality customer
 
It's obvious this guy got divorced by his Russian mail order bride and she took him for all he's got...Now he's just looking for any excuse to get money. He should be thrown in jail.
 
I'm not sure how often this sort of thing happens, but the fact that it does happen, strongly suggests one needs to put protections into the contract.

The case is so off the wall that there's no way for the guy to win, but for the photographer, the legal costs was going to be painful.


Bob Diaz
 
You must log in or register to reply here.
Back
Top