Who's right? Wedding Tog vs Unhappy Customer/s

[ScottM]

Just being devil's advocate...

How would you know that a client has understood what's been explained to them? That is, someone could just nod their head as if to convey understanding, have they taken it in, are they aware of every legal responsibility, for and against, of each clause in a contract? Agreed that a checklist may assist - but that's another legal document, and without using the legal terms, the client can then also claim they've been misled, misunderstood, or not even informed about the detail of one of the tick boxes.

Definitely get legal advice (and not just legal opinion) over contracts or agreements if you're making any sort of commitments through it. Most people wouldn't, thinking contract for wedding photos is a pretty simple straightforward agreement.

We really are turning into a nanny state if people can't take responsibility themselves. (Oops, we were turning into a dead end alley, my brakes have failed. Damn Subaru, I'll sue them because I was misled into thinking the red brake light was telling me I have brakes!)

[ATP]

I understand that many people on AP are paid photographers...and that any negative media attention on the industry isn't helpful...but we all need to accept that in every profession there are always cowboys. ACA had other couples who felt ripped-off by this man also...and he's been fighting a number of his clients in court for several years. Couples getting married...are easy prey for any sort of wedding professional hell-bent on doing the wrong thing and ripping them off...we see it in the media all the time. So just because you don't like programs like ACA...doesn't mean this photographer was unfairly "done over". In the majority of instances...where there's smoke, there's fire...IMHO.

[beau]

Just being devil's advocate...

How would you know that a client has understood what's been explained to them? That is, someone could just nod their head as if to convey understanding, have they taken it in, are they aware of every legal responsibility, for and against, of each clause in a contract? Agreed that a checklist may assist - but that's another legal document, and without using the legal terms, the client can then also claim they've been misled, misunderstood, or not even informed about the detail of one of the tick boxes.

Definitely get legal advice (and not just legal opinion) over contracts or agreements if you're making any sort of commitments through it. Most people wouldn't, thinking contract for wedding photos is a pretty simple straightforward agreement.

We really are turning into a nanny state if people can't take responsibility themselves. (Oops, we were turning into a dead end alley, my brakes have failed. Damn Subaru, I'll sue them because I was misled into thinking the red brake light was telling me I have brakes!)

Couldn't agree more mate. The checklist I suggested isn't a cure-all, it is just a tool to show that you have been open and transparent and made the effort to ensure that your customer understood the contract. Ultimately displaying that you made an effort to inform and explain will go a long way to discrediting any claim by the customer that they were misinformed.

I work for a very large kitchen renovation company and our salespeople actually go into all of this during their presentation to the customer. When presenting the quote we show them the contracts we use (which are actually produced by Fair Trading) and we also show them our checklist and explain what the procedure will be regarding the contract and the checklist should they go ahead with the job. Our salespeople find it a really valuable tool, as it shows customers that we are totally upfront and don't attempt to hide anything, and it means that any other company they talk to who doesn't do the same is viewed less favourably. We actually win work by using this system because customers feel safe engaging us to do their work.

So it can also be a useful tool to help you stand out from the crowd and reinforce your professionalism and trustworthiness, which are obviously important traits people look for when choosing a wedding (or other) photographer.

[Stingray]

.... this recent segment on ACA ....

^^^^^^ says it all.. like others.. I have stopped watching ACA/TT etc because it is always seems bias and sensationalism that win out over truth ..
yes (before people arc up) I do believe there are some stories they do that need to be shown (case in point this carpark mob that are being brought into suburban shopping centres...now that's a rort!)
but once these things are shown, the people who are riveted to the TV watching them will believe hole heartedly its the truth .. which can be too bad for the person who has really done bothign really wrong (except maybe not been as clear as they could have been to their client)

[ricktas]

Maybe we need a clause in our contracts, in the fine print that asks if the client watches ACA/TT and if they do..don't take the job on

[kiwi]

Firstly, Derek smith story is the truth, he's not been to court yet but there's not a soul denying what he's done

Secondly, ACA/TT sensationalist stories but do have to have a basis of truth due to media conditions and litigation

Rick, super idea, would weed out the bottom 50% I think