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Enforcing an Agreement Without a Contract

queenbee1127

queenbee1127

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Apr 13, 2008
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Denver, CO
I can't imagine this would belong in Legal Discussion, but please move if you feel fit.

Long story short, I paid an acquaintance of mine to take some photographs of me so I could use them on my graduation announcements. I paid her $150, much less than a professional studio, but still a decent sum of money. This girl operates a blog which features her photographs, and works for hire quite frequently.

The shoot happened in the middle of November, and I explained to her that I only needed a digital image (.jpg) to upload to the announcement site, so she agreed to send me the image files on a disc, rather than pay for prints. After two weeks, she finally uploaded some images to a third party viewing site and I selected one to use on the announcements. She sent it to me and the announcement part of the deal has gone off smoothly.

Fast forward to now, about 6-7 weeks after the initial photo shoot and I have still not received the disc of images I was promised at the beginning. I have asked her for it several times and she always assures me that she "will" send it to me etc....Now I'm pretty annoyed and I 'm wondering if there's any way for me to enforce this verbal agreement - especially since she is trying to operate as a business - without having any type of written contract laid out.

The shoot also featured photos of me and my SO, which is why I want to see them and have access to them so badly.

What can I do? What would you do if you were me?
 
I don't know if you have any legal recourse and even if there were one I don't think it would be worth your $150 to pursue it. It sounds as if this person is just starting out or trying to build their business. One of the tools I imagine they are going to be using is word of mouth. You can always review her services on her own blog or wherever she is trying to drum up business. No need to be harsh or rude, rather just state what you did here; what you expected, what you were promised, and what you got. Maybe he/she will get the message.
 
A couple things...

1. Were all the photographs taken directly connected to your graduation announcements? If not it may be difficult to get a copy of all the photos that were taken that day. I know you really just wanted the photo for your graduation announcement but it seems like she could argue you 'got' what you paid for in terms of being able to select a photo from the shoot online. That said, you didn't get the disc she promised. In other words, you didn't have physical control of the photos and probably didn't have access to all the photos taken for the graduation announcement, period. Thus, she should still be on the hook.

2. Did you write a check? Do you have any communication about the agreement in writing prior to or after the shoot (no emails?)? If so, you have a lot stronger proof that this $150 was in exchange for the disc not just a random selection of photos she took of you. I think you deserve at least the CD for $150...

I would send a letter to her laying out what was agreed to, how much you paid, what happened before, during and after the shoot etc.* Basically lay out what happened involving this situation. I'd also put in writing that you expect a disc within the next 30 days (more than a reasonable amount of time) or you MAY pursue legal avenues.

I get the feeling you understand there's a big difference between written and oral agreements. That said, just because it was oral doesn't mean it's not a legitimate contract or wouldn't be held as such in court. I'd put the legality of oral contracts in your letter as well.

As an aside, if she's using these images for her own promotion on her website she really needs your permission. Basically there's the argument that she's making money because of your face. Did you agree to her putting the images on her site/blog? If not I'd include that in the letter as well.

Generally, when a person realizes you're serious about what you deserve they listen. You really aren't asking much. You don't want prints. You don't want digital design. You just want a CD with the images on it.

* Make sure you put a date on this letter & keep it for your own records as well.
 
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I would just write it off and not use her again. It sounds as if you're just bothered about the priciple. Can't you just burn it to a disc yourself?
 
Lesson 1, do not do business with friends.

Lesson 2, buy your own camera, and learn how to use it. I don't even do Photography but I own several Cameras and lens and know how to use them, just for this reason alone. It's easy to learn and makes it far easier to do your own instead of dealing with so-called professional Photographers. I've had run in with several of these people already with the running of my business, and honestly they always seem to do something stupid and force me to never want to do business with them again.

You have no legal recourse, as the amount was only $150. If I were you I would post openly about how dishonest and irresponsible she has been through your dealings with her. Businesses operate on reputation. If she tarnishes her's while trying to operate like a business then it's only right for the paying consumer to make it known of their experiences with said business.
 
In some jurisdictions oral contracts are binding, but without some sort of material proof it's your word against hers. Which is why email rules: instant paper trail! I had some issues with a contractor late last year, and I told him flat out that I refused to talk offline about it because there would be no record of conversation.

$150 is, unfortunately, peanuts compared to what it would cost to engage the legal system. You can keep chipping at the person to do the right thing, but it may well not pan out.
 
Thanks for the advice, friends.

I knew from the start that legal recourse would be essentially worthless, because it would cost me far more than the $150 to get anything done. More than anything, I just wanted to let her know that I'm not going to let this go, and I'm completely serious about receiving the photos.

In the end, I sent her a pretty stern e-mail stating that this was the third or fourth time I have asked for the photos now, and I'm done sending nice text messages and facebook posts. I told her that the job I paid her to do is not finished, and I am expecting the photos in the mail [at the beginning of this week]. Instead of asking her simply to do it, I asked her to give me a date when I can expect to receive them.

At first I was a little worried that she would just blow me off but she ended up replying saying she was so sorry, she had been busy (my ASS) and that she would FedEx them to me overnight after the holiday weekend. Currently, I'm waiting on them since the mail system has been so messed up but at least I got the response I wanted out of her and she knows I'm dead serious about receiving these photos. I told her she needs to send me a tracking number so I can monitor their status for myself.

Dave - I 100% agree with you about the paper trail. If this had been a more serious matter, I would have had a detailed log of e-mails/texts/facebook messages showing how she said she "will" send them etc...

Joeof1 - I'll also go ahead and agree that you shouldn't do business with friends. I guess I was a little naive thinking this would be a breeze - which in theory it should have been! - but I will definitely refrain from doing things like this in the future.

The one slightly positive thing about this situation is the girl truly is an acquaintance, not a friend, so I don't feel so bad about getting a little serious with her. After I receive my disc of photos, I will likely not talk to or see her again.
 
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