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Dispute Customer and service provider for photography business

G

Gokul

New Member
Hi,

I run a small business photography service. I did a photoshoot for a client for £60 an hour and sent him 1200 photos. He choose 100 out of 1200 and I requested him to select 50 for editing. He's not bit happy about some of my photos and he is looking for extensive editing which I said I can't make it as it takes a lot of time and for the £60 its not worth doing it and I said I will do color correction.

Finally I can't finish the work because of the stress from the customer and I repaid the £60 to my client. Its just an outdoor photo and not like an event. I even agreed to give edited photos for free and offered my service for free.

But my client was not happy and he wants to take legal action again my business and expecting £400-£500 for loss of good memories. He was saying Consumer Rights Act 2015 and the compensation is based on that. Not sure what memory I have destroyed its just a outdoor photo and I repaid the money too with edited images.

There is no legal contract signed between us and no agreement was made in written as I can guarantee that the photos will be as per their expectation.

Can I please know if I am still liable for this and will I be taken to court if he proceeds legally?

I have all the proof that I have repaid and sent him the edited photos but he is threatening me that I need to do an extensive editing of all the photos.

Any advice is appreciated.
 
D

docuehannah

New Member
Hell
Hi,

I run a small business photography service. I did a photoshoot for a client for £60 an hour and sent him 1200 photos. He choose 100 out of 1200 and I requested him to select 50 for editing. He's not bit happy about some of my photos and he is looking for extensive editing which I said I can't make it as it takes a lot of time and for the £60 its not worth doing it and I said I will do color correction.

Finally I can't finish the work because of the stress from the customer and I repaid the £60 to my client. Its just an outdoor photo and not like an event. I even agreed to give edited photos for free and offered my service for free.

But my client was not happy and he wants to take legal action again my business and expecting £400-£500 for loss of good memories. He was saying Consumer Rights Act 2015 and the compensation is based on that. Not sure what memory I have destroyed its just a outdoor photo and I repaid the money too with edited images.

There is no legal contract signed between us and no agreement was made in written as I can guarantee that the photos will be as per their expectation.

Can I please know if I am still liable for this and will I be taken to court if he proceeds legally?

I have all the proof that I have repaid and sent him the edited photos but he is threatening me that I need to do an extensive editing of all the photos.

Any advice is appreciated.
Hello,

Whilst I can't offer advice for your dispute, I can help protect you in the future to avoid this situation.

You absolutely need to put in place a legally binding agreement between yourself and the customers. It will set out all your business terms and your responsibilities as a service provider. I have no doubts that you provide fantastic service, however, there is always the chance that a customer may be unhappy. If you have nothing in writing, you have no legal cover to protect you.

I'd love to help you draft something and look after you. Drop me an email at hannah@docue.com and we can have a chat!

Thanks,

Hannah
 
Ford Jones

Ford Jones

New Member
I am not a lawyer, but I can offer some general guidance on the situation you've described. It's important to consult with a legal professional who specializes in contract and consumer law in your jurisdiction to get accurate advice tailored to your specific circumstances.

1. **Consumer Rights Act 2015 (CRA 2015):** The Consumer Rights Act 2015 in the UK provides certain protections to consumers when purchasing goods and services. However, it's important to note that the CRA primarily deals with goods and services provided in the course of business, and it might not apply directly to your situation since you are a photographer providing a service.

2. **Lack of Written Agreement:** In the absence of a written contract, the terms of your agreement with your client might be harder to define. However, verbal agreements can still be considered legally binding. Even without a written contract, your client could argue that there was an implied agreement that the photoshoot would meet their expectations.

3. **Client's Expectations:** Your client's claim of "loss of good memories" and the demand for extensive editing could be challenging to quantify and prove. It might be difficult for your client to establish a direct link between any alleged loss and the quality of the photos you provided.

4. **Refund and Offer of Edited Photos:** You mentioned that you repaid the client and offered edited photos for free. This shows your willingness to address the situation and rectify any issues. It could potentially demonstrate that you acted in good faith to resolve the matter.

5. **Legal Action:** While your client is threatening legal action, whether they proceed with legal action depends on several factors, including the strength of their case, the potential costs involved, and their willingness to pursue it.

6. **Consult a Lawyer:** Given the complexity of the situation and the potential legal implications, it's advisable to consult a lawyer who specializes in contract and consumer law in your jurisdiction. They can review the details of your case, advise you on your rights and obligations, and help you determine the best course of action.

Remember, legal situations can vary based on local laws and specific circumstances. It's important to seek professional legal advice to fully understand your rights and responsibilities in this situation.
 
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