Can I Sue My Wedding Photographer?

Most professional photographers require you to sign a contract. The language of your contract will determine what claims may be available, such as breach of contract, misrepresentation, and misappropriation.

Where you sue depends on the value of your claim. If it falls below a state-established threshold, you may have to bring your claim in small claims court. You could handle this on your own, but it's wise to have a contracts lawyer review the contract and assess your legal options. A demand letter from your lawyer may be enough to get the photographer to pay up and, if so, save you the possibility of losing in court.

The Importance of the Right Wedding Photographer

Of all the things that go into making a memorable wedding, nothing is as important as wedding photos and videos. Long after the flowers have wilted and the cake is gone, the photos and videos will endure.

Your choice of wedding photographer is critical. There's a lot you can do to make sure you get a top-notch professional:

• Carefully research them online.
• Review examples of their work.
• Check their credentials.
• Contact their references. 
• Carefully review the contract they send you to make sure you are getting what you want.

Ask a lot of questions about the services they will provide and how they charge. Before you sign a contract, you should clearly understand:

• Their fee structure
• How long it will take to get access to your photos after your wedding
• Who owns the digital rights to the photos
• How to print and share your photos online

 These simple steps can help ensure that you have a positive experience with your wedding photographer.

Choose Your Wedding Photographer Carefully

Not every experience is positive. Suppose your fiancée assigns you the responsibility of selecting your wedding photographer. You start by looking for a bridal photographer in your area using social media and search engines. You visit a few websites and scroll through some of the photos you see. You find some photos that impress you and schedule an appointment to meet with the photographer in person.

Keep reading for an example of a situation where you may have legal grounds to sue your wedding photographer.

Wedding Photos: I Didn't Get What I Paid For

First, your photographer confirms they are available on your wedding day. You talk about what you want and ask about their qualifications. You specifically remember them telling you that they have done dozens of weddings before. They email you a contract that you sign. Then, you send them a $1,500 deposit with another $1,500 to be paid when you get the pictures.

Your wedding day arrives. All of your fiancée's preparations for the wedding venue are perfect, but this is not the case for your photographer. They show up late. They miss part of the reception, claiming they accidentally went to the wrong venue. When you finally do receive your photos, months after the promised deadline, they look amateur and are out of focus. 

Is This Grounds for a Lawsuit Against the Photographer?

You do not believe you should have to pay for the photos. You call the photographer and demand your deposit back, but they refuse. In fact, they demand that you pay the rest of the contract price for the photos they took. The phone call ends without a resolution.

You're outraged when you later learn you were the very first wedding they had ever photographed. You also learn that they used the only good photo in an advertisement, without your permission.

Based on the scenario above, you may have grounds for a lawsuit against the photographer. A contracts attorney can help guide you through the legal process.

Wedding Photography Breach of Contract

Your first possible claim would be for breach of contract. A contract is a bargained-for exchange of promises that a court will enforce. In general, you can have oral contracts or written contracts, although in some instances, a contract must be in writing. To establish a legally enforceable contract, you would need to show three elements:

• Offer
• Acceptance
• Consideration

Elements of a Contract

The first element is an offer. An offer is a promise to do or not do something in exchange for something in return. To be a valid offer, a promise must be stated and delivered in a way that a reasonable person would believe that its acceptance would result in a binding contract.

The second element is acceptance. Acceptance is assent to the terms of the offer. It can be expressly stated, such as when you sign a written contract, or it can be inferred from the offeree's conduct.

The third element is consideration. Consideration is the bargained-for exchange of value. It's simpler than it sounds. It just means that both parties got something of value, and it wasn't a gift or a negotiation.

Unlike offers and acceptances, consideration is not judged objectively. The deal doesn't have to seem reasonable. As long as there is something bargained for, there will be enough consideration to support a binding contract. Your contracts lawyer will say that even bargaining for a peppercorn is enough.

Breach of Contract

A party's failure to perform the terms of a contract is called a breach. Depending on the contract's terms, a breach can occur when a party fails to perform their obligations on time or provide goods or services that meet the quality standards set forth in the contract.

In your case, you can show that the wedding photographer breached the contract. They failed to perform their obligations by showing up at the last minute — at least they weren't a no-show — and weren't at the reception for the amount of time they were supposed to be. They failed in both places to take the photos they were supposed to take.

You would have a harder time showing that the inadequate pictures themselves breached the contract. Quality standards are, in general, subjective. What's a bad wedding picture to one person might not be bad to another. But if the photos are so poorly done that most would agree they are no good, you may be able to persuade a judge that the poor quality constituted a breach of the agreement.

Remedies for Breach of Contract

Assuming you can prove your breach of contract claim, a court can award you damages. Contract damages can be measured in several ways, but in the wedding photographer case there are two that apply more than others.

The first is compensatory damages. Compensatory damages are monies intended to put you in the same position you would be if the party had performed their obligations under the contract. You need to establish compensatory damages with reasonable certainty by providing sufficient evidence to allow the court to make a probable estimate of the damages sustained.

That's hard to do in your case. You may have specified the number of photos that the wedding photographer was supposed to take but estimating what the value of a good picture would be is more challenging.

The second measure that might apply, however, is restitution. Restitution is money intended to compensate you for any benefit you gave the breaching party. You gave the wedding photographer a benefit by performing your promise to give them a $1,500 deposit upfront. A court could order restitution and have the photographer return the deposit to you.

Beware the Fine Print of the Contract

You must make sure you read the contract with great care before you sign it. Then, you should read it again with attention to detail before you make any decisions about filing a lawsuit. The contract could, and probably does, include language:

• Limiting the photographer's liability
• Disclaiming responsibility
• Specifying what should happen in the event they fail to perform the contract.

For example, many photographers' contracts limit recoverable damages to the deposit amount. They also may include hedge language like, “We will try to be there at two" instead of “We will be there at two." This is why it is crucial you understand the language of the contract before you sign. An option is to hire a contracts attorney to advise on any discrepancies or potential legal issues in the contract.

Wedding Photography Misrepresentation

Another claim you would want to make is misrepresentation. Misrepresentation is the making of false or misleading statements intended to induce someone to enter into a contract. To establish misrepresentation, you need to show the following six elements:

• The photographer made a representation
• The representation was false
• They knew the representation was false or made the representation recklessly
• The photographer intended you to rely on the representation
• You did rely on the representation
• You suffered damages as a result of relying on the representation

Depending on the nature of the case, you may be able to get the contract rescinded as well as recover damages. Rescission is a contract remedy for breach that puts you in the position you would have been in had the contract never been made. It relieves you of any further obligations under the contract.

Your misrepresentation claim would be based on the photographer telling you that they had photographed dozens of weddings before. You relied on that representation when you decided to go with them. Although intent can be hard to prove, a court could infer it from the context.

You would be able to get the contract rescinded. This is important because you don't want to have to pay the remaining balance and also get your deposit back.

Wedding Photography Misappropriation

A third claim to at least consider is misappropriation. Misappropriation here would be based on their using the one good photo in their ad. Depending on where you live, you may be able to show that your image has value, particularly if you are a celebrity. Assuming you didn't give them permission in the contract, you may be able to persuade a court that their use of the photo without your permission constitutes misappropriation.

Where Should You Sue Your Wedding Photographer?

The remaining question is where you would sue. Unless it's a particularly extravagant wedding or a destination wedding, you are probably going to have to bring your legal action in small claims court. Small claims courts have the power to decide disputes up to a certain amount established by state law.

This amount will vary depending on where you are, but can be as low as $2,500 and as high as $25,000. Small claims cases tend to be relatively informal. In some states, you can't have a lawyer in small claims court, so you would have to represent yourself.

The process is relatively straightforward. You fill out your paperwork, file it with the court, and then serve it on the other party. Then, you get notified of your hearing date. At the hearing, you present your evidence and testimony of any witnesses who can support your claims. The court decides the dispute, often a few weeks later, and you get notified of the result. If you're unhappy with it, you can appeal in most instances.

A Lawyer Can Help You Sue Your Wedding Photographer

The last thing you want is for your wedding photographer to ruin your important day. You expect timely service, great photos, and wonderful memories. If you believe your wedding photographer failed to do what they promised to do, you may be able to bring a lawsuit.

Before you file your paperwork, consider having a knowledgeable contracts lawyer review your wedding photo contract. They can give you legal advice and may be able to come up with examples of breaches and other legal issues you hadn't thought of. A demand letter from a reputable lawyer may be the only thing needed to prompt the photographer to refund your deposit or other payment.