Expert: Wedding Photographics - 4/9/2009

Question
How do you decided when a refund should be given and when someone is just out to get a discount?

We are new to wedding photography, and work as a husband & wife team.  I've never run into the problem of refunds, luckily everyone has liked our work.   I also never had a contract (I know! big no-no).

Well, now that we've started to pick up a lot more business through word of mouth I decided a contract, insurance, LLC etc was in order.

How should I deal with refunds, and word it in the contract?  Hopefully it won't come up, but I'm unsure how to handle it.  

I give out the DVD w/ copyright & a custom designed album (optional).  Everything I've read (photo.net, googled around for info etc), it sounds like you usually ask for you prints back if the customer complains and then give them a refund, or simply do not "offer" refunds at all.    

If I am supplying a DVD then copies could be made by the time I even know about a complaint, so I am not sure what to do there.  I do upload the photos to a gallery before I give them the DVD, if they have no complaints then, should that "void" them getting a refund with a complaint later?

Also I make very little profit off the Album, most of what I pay to have it printed comes out of what they pay me.   The rest goes to me for my time designing it (maybe $100 tops) If someone were to not like the Album, I am then out of that money if I give them a refund.  

Also, I've read story after story that sounds like people are trying to get their photos for free.  (I dread the day that I might get someone like this).   How do you handle this type of customer and still save your rep?

What advice would you give me on how to handle these situations?  Is this something that can be handled via contract?

Answer
Hi Joh,

Thanks for your wedding photography business questions concerning refunds and contracts.

Many of my photography policies are designed not only to protect me, but also my customers.  Most of my policies are published to also help protect consumers in general from the unprofessional and illegal practices of people setting themselves up as so-called professional photographers.  Hopefully as more and more consumers learn their rights and what is illegal, I will also enjoy more inquiries and bookings by consumers who appreciate a professional wedding photographer who isn't out to take advantage of them.

To answer your first question: "How do you decide when a refund should be given and when someone is just out to get a discount?" I have a policy and it is also written on my contract that, "All sales are final when photographs, albums, video or any other products leave the photographer's office even when shipped to distant customers as previously arranged."

Most if not all portrait studios and many other home-based photographers have similar policies. This policy keeps people from leaving our offices/studios with photos in hand, scanning the photos or copying DVDs and then coming back to say they are not satisfied and want a refund. Since customers know this is the policy, it is now upon them to spot any human error in the products and to point it out before they leave with products in hand.  I personally like this because I know I make mistakes.  Maybe I overlooked something.  If so, they have the chance to point it out to me and I will then offer a remake, credit or refund depending on which is the most appropriate action. In practice, I have also went ahead and made corrections even after the products left my office as long as I knew the error was mine.

You also asked, "How should I deal with refunds, and word it in the contract?" Every single situation cannot be described and dealt with in contracts. That's where simply following good established business practices and using common sense in dealing with people comes in. Here are some advantages of joining your Better Business Bureau take from my website:

"As a member of the Better Business Bureau (BBB) the photographer has agreed to operate his/her business according to higher standards. Also if there is a problem, you can file a complaint to the BBB who will investigate the member and will assure a remedy. There is a BBB office in Chattanooga where you can walk-in and talk directly with a real person. The photography associations and organizations that many photographers belong to do NOT provide this kind of service to the customers of photographers nor do they have any legal power. Also, before accepting our membership into the BBB, a BBB representative visited with us, confirmed our business license and years in business. Some critics of the BBB point out that the BBB has no legal power to resolve complaints against a company for consumers. However, our wedding photography contract with our clients does give the BBB authority to resolve complaints - whether we agree with their resolution or not. Wedding Photographics is a member of the Better Business Bureau and participates in the BBB On-Line Reliability Program. There are a few photographers and portrait studios which choose not to join the Better Business Bureau in their community because of their history of customer complaints. The main reason for the BBB as well as other independent CONSUMER PROTECTION organizations is to help protect consumers. For these reasons, Wedding Photographics is proud to be a member in excellent standing with the Better Business Bureau of Chattanooga with a verifiable complaint free record for three consecutive years."

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Also there is a provision on our wedding photography contract:

"ARBITRATION/LITIGATION: Client and Photographer fully understand and agree that any disputes arising in the performance of this wedding photography contract will be resolved through the Chattanooga Better Business Bureau in Hamilton County, Tennessee.  The Client and Photographer agree to fully accept the resolution provided by the Chattanooga Better Business Bureau (BBB) and will fully abide by its decision."

The BBB also provides you with a Complaint Free Certificate every year your business has enjoyed without any complaints.  Most consumers also recognize the "Better Business Bureau" name and what this organization is about.  So the BBB has more credibility, respect and recognition by consumers than some photographer's association which is more interested in protecting photographers than they are consumers.

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Some of your other questions I think have been answered here.  They are similar.  I think there is one question left. "If I am supplying a DVD then copies could be made by the time I even know about a complaint, so I am not sure what to do there.  I do upload the photos to a gallery before I give them the DVD, if they have no complaints then, should that "void" them getting a refund with a complaint later?

There is no legal requirement here. What you show them online is arguably not the exact same thing they receive on DVD. But it's probably close enough to justify not providing a refund. Also again, you could fall back on the policy if giving the customer the opportunity to pick up at your office so they can make any complaints before leaving with the product.  But as always, once the product has left your office, they are pretty much stuck with it.  And if I still feel like there is nothing wrong with it even when they bring it back to me afterward, I would just tell them to take it to the Better Business Bureau and we'll see what the outcome is.  I would hate to lose a customer.  But someone who is trying to take advantage of me after all the consideration I've already shown them - is no longer a customer in my mind anyway.

As far as the wedding album, I design and e-mail proofs of each page before the album is assembled. Customer also has option to view the printed pages before they go into the album.  Then once the album is assembled, that is what they get.  As before, when they leave the office with it, that proves they were completely satisfied with it.

Wedding Photographer John Wilson
Chattanooga, Tennessee
http://www.weddingphotographics.net