Do my photography clients have any legal right to ask for a refund if they suddenly decided they are
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Do my photography clients have any legal right to ask for a refund if they suddenly decided they are
My clients are asking for $500 back due to the fact that they are not pleased with the quality of their photos or the time it took to receive them. In the contract they signed initially, it says nothing about a return time for the images, or about refunds if clients are not satisfied, but now they are asking. I did tell them in person by word of mouth that I
would have the photos done in 2 months, however, my 2 children and I all go extremely sick and it prohibited me from working the same length of time each day or week due to feeling so ill and it took me 3 months to get them back to them. The quality of the photos is no different than any of my other weddings and I have never had any complaints. I feel they are doing this out of spite due to the fact that I took longer than I told them again by word of mouth to return the images. They are asking for half of the money back that they gave me for their wedding. I cannot afford with 2 kids to give them that money back and I’m wondering if there is any legal reason I would have to do so.
Asked on December 28, 2016 under Business Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If there was nothing in the agreement about the time frame or refunds, you do not have to return any money UNLESS and only if they were to sue you on the basis that the images were not merely not to their personal satisfication, but were below generally accepted commercial quality (i.e. were not the level expected of a professional photographer or for which people pay). If they did sue and could prove that, they could potentially get all their money back (and return the pictures; they don't get money and photos), or alterately, keep the photos and get some lesser monetary compensation, but would almost certanly need (unless the photos are obviously unacceptable on their face; e.g. as blurry as those "Bigfoot" photos people sometimes claim to take) to hire another photographer to testify at trial about how and why these are unacceptable.
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