Complaints

• Initial Complaint

  28/12/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I had done a TFP with Cynthia Vun Priest in August- I ended up letting her use a bunch of my handmade outfits for free for her paying clients for a sunflower shoot in return for content. I got no photos. I even went as far as looking after her children's and her clients children and gave her 2 handmade outfits for her kids as a thank you. I have messaged her multiple times and she has had excuses for not returning any photos but keeps commenting on posts in this group for more TFP. She had commented reccomending herself in a local mom group and I mentioned to try someone else as I'm still waiting for photos from her and she messaged me threatening me if I comment about not getting photos again she is going to delete my whole session. Her session is no longer worth 1000$ as it is over 5 months late but I have already provided my services to Cynthia that tally over $1000

  Business response

  30/01/2023

  The above claim is false. The photographs were sent on Dec 30, 2022. I no longer have the outfits as they have been returned. Communication with ****** *** has proven difficult as I had offered to narrow down to the photos that she had wanted in September so that I could get her photos out AS SOON AS POSSIBLE.

  ****** did not conduct the trade as fairly on her end as the outfits were poorly made. Threads are coming out at the seams. I have paid $50 per hour, which was not charged to ****** *** for the use of sunflower photos.

  I do admit that I had taken more projects than I could energetically afford at the time, given my available financial and mental health capacity. However, I do not deserve to be dragged to the way that ****** has negatively impacted my business -- when she did not respect how I had offered to walk her through her gallery. It shows lack of respect towards photographers in general. It has also scarred me from doing "trade for print" arrangements WITHOUT a contract.

   

  Warmest regards,

  Cynthia

• Initial Complaint

  04/07/2022

  Complaint Type:

  Product Issues

  Status:

  Unresolved

  More info

  In January 2022 I paid Cynthia priest photography a deposit of 640$ to hold her services for my January 22 2022 wedding. Cynthia has ensured me she was a professional wedding photographer and photo editor as she also advertises. The contract states that Cynthia releases photos within 8 weeks of contract paid completion (I paid my full balance of 1781$ March 28 2022) I had asked Cynthia a couple times very nicely, when I would be receiving my photo album (completed) to which I would always get told “ next week, or 1 more week” on June 6 2022 I had finally sent a message to Cynthia via ******** ********* (as per all our conversation) asking her where my photos were as she changed the timeline from “one more week” to now saying “2 more weeks” Cynthia has admitted to me on text and verbally to myself and my mother, how the second shooter SHE hired (I have the messages) messed up the quality, lighting and colours of my photos and she was “ saving them” which is why she was not meeting her timeline. She only admitted how badly the photos were truly messed up once I got my mom to phone her and get a straight answer, since I couldn’t. Cynthia has admitted they needed professorial editing and she needed to hire someone else to do that. She told me she would have them to me in a week, to which I said no. I want whatever photos you can save, and a partial (50%) refund. She refuses. She only has refunded me 275$ (200$ for the second shooter and 75$ for their food I paid for) she would have NEVER had returned my money, for a mistake she admitted was made (which falls on her per her contract) if I had not requested. She also, tried to charge my credit card 4 weeks after final payment was made. Cynthia has been refusing to return my money to me, dispute more than half of my wedding album being ruined by quality, lighting (that she messed up) pictures of her in my photos, or her equipment. She is still refusing to give me 50% back (which to her is 400$) so I can hire photoeditor

  Business response

  22/07/2022

  To Whom It May Concern,
  Background
  On January 12, 2022, Cynthia Priest Photography and ******* ********** (“*******”) entered into a written contract, namely the Wedding Photography Contract (the “Contract”) for a 5 hour photography service that took place on January 22, 2022 at the ****** ** ***** ****** ****** *** ****** ******* ** **** ** ******. The service included the following:
  Two photographers: one primary photographer being myself and a secondary photographer who was to be present for at least 3 hours of coverage;
  An engagement session (valued at $400.00) which included up to 1 hour of shooting and 20 high resolution digital files of photographs;
  An online gallery of high-resolution images for viewing, sharing and downloading; and
  One 13x19 semi-gloss print.
  The total fee of the Contract was $1,700.00, which included a non-refundable payment of $680.00, which must be paid 48 hours of signing the Contract. The remaining balance of $1,020.00 was due to be paid 30 days before the event date.
  As ******* was facing financial hardship, we agreed to an alternative post-event payment plan which consisted of the following:
  2 days after signing the contract, ******* to advance $680.00;
  On February 4, 2022, the amount due is $340.00;
  On February 18, 2022, the amount due is $340.00; and
  On March 4, 2022, the amount due is $340.00.
  As part of the alternative payment plan, the full gallery was only to be delivered upon complete payment. Also, watermarked sneak peeks were to be sent within 2 weeks of the event date. A 12% per annum was to be charged from the first day of missed payment deadline.
  The Contract also has an intellectual property and creative license clause with respect to the photograph, being myself, retaining copyright ownership of all photographic works under the Contract.
  Late Payments
  ******* was late on her payments for February 4, 2022, February 18, 2022 and March 4, 2022, which amounts to a breach of the contract.
  On February 17, 2022, I reached out to ******* via ******** ********* regarding the remaining $80.00 payment for February 4, 2022. On February 18, 2022, ******* stated that she would need to borrow money off her mother and that she thought she was paying “around 150-200 a month” and could not afford paying “$400.00 a month in payments”. I tried to work with ******* on altering the post-event payment plan with a financing fee but was unsuccessful. I explained to ******* that no editing would be done until payment was collected in full.  
  On February 22, 2022, I reached out to ******* again via ******** ********* to ask her to make an arrangement for a payment schedule with a financing fee and to advise her that she was still owing on her February 18, 2022 payment. ******* stated that she was only able to make “250$ payments MAX each month” despite signing the Contract to pay $340.00 on the specified dates above. I again stated to ******* that I am willing to work with her on altering the post-event payment plan by setting new deadlines for payments. I explained to ******* that the engagement session was done for free out of courtesy. I did not receive any correspondence from ******* until March 28, 2022 to which ******* stated that her mother would be paying the remaining balance of $680.00. I received payment for the remaining balance of $680.00 from **** ********* (*******’s mother) on March 28, 2022. Once I received the final payment, I began to edit the photographs for *******.
  A copy of the ******** messages can be found on Google Drive via the following link: ************************************************************************************
  *****’s (*******’s husband) Permanent Residency
  On April 6, 2022, ******* reached out via ******** ********* asking for wedding photographs for her to use in her husband’s, *****, permanent residency application. As I had only received the final payment on March 28, 2022, I advised ******* that the whole gallery will take me up to 6 weeks but I can rush the ceremony ones. Despite the late payment, I still went out of my way to provide ******* with photographs she could use for *****’s permanent residency.
  ****** Videos
  ******* further breached the intellectual property and creative license clause in the Contract when she posted ****** videos showing the photographs I took of her and her husband without my permission (see Google Drive link: ************************************************************************************). ******* had the opportunity to reach out to me to have the final gallery edited in Topaz Denoise, a professional photography program that allows for the ability to fix the lighting of photos that are dark.
  Conclusion
  I honestly felt rushed in trying to deliver the photographs. The reason for this is because I had trouble getting photographs from the second photographer. I also advised ******* on April 11, 2022 that I was having a hard time with my second photographer’s uneven lighting at the ceremony, so I had to be strategic with getting the right shots in a short amount of time. I told ******* that I had trusted the second photographer because of her experience with her off camera flash and that I wish I had seen her light set up as there was no light from the back pointing towards the front. The faces were unevenly lit, which made editing the photographs challenging.
  Further, the Contract states photograph proofs will be processed and available for viewing at least 8 weeks from the event date. The photographs were delivered 12 weeks after the final payment. The full gallery would be delivered upon complete payment and no timeline was ever specified on when the final gallery would be delivered by.
  Since the Contract has been breached, all the RAW photographs have been deleted. ******* has been provided all the photographs I took on the day of her wedding (i.e. the good and the bad). I have already advanced a partial refund in the amount of $275.00 and would be willing to advance a further amount of $175.00 if ******* removes all social media postings which portrays the matter negatively.
  

  Customer response

  25/07/2022

  
  ********** ********
  
  I am rejecting this response because:

  
  The facts of my claim, and Formal Letter Of Claim,  Still stands and "photographer" submitted further evidence to support my claim. 175$ to "take down negative posts" is not a resolution, especially when photographer has also alternatively offered a "1500$ boudoir session" in lieu of my lost wedding photos due to quality. Now the "photographer" has admitted to deleting all RAW files (in response to my first claim) further she has already removed access to my online albums, totalling a complete loss of my wedding photos. As of today (July 25, 2022) no product has been delivered and I have paid for the service in FULL. I would like to note, I paid 12% interest on my late scheduled payments, Per "photographer" contract as well, which covers me for any late payments resulting in not breaching my contract. "photographer" also, agreed on writing to extend my Payments and then still charged me the late fee and also tried to charge me (240$) 4 weeks after payments were made in full. (which I was more than happy and willing to pay the late fee) the contract was not, and still is not VOID because neither party has agreed nor verbally, or in writing to completely NULL the contract, therefore it is still in standing. 

  
  

  "Photographer" states in her claim, that the engagement session was done "out of curiosity" and included One 13x19 semi gloss print and a online album for sharing, viewing and downloading. I do not have access to said online gallery, and I was not aware I was receiving a gloss print for my engagement shoot, I was told I would be upgraded from a gloss print to a metal print for my wedding photos for free due to the quality issue of the photos, to which I declined multiple times and continued to ask for a refund. 

  
  

  Per the payment schedule, I had let the "photographer" know well BEFORE I had entered a contract with her that I was a full-time student, my Husband had not been working for months prior due to emergency medical surgery, and that I could only afford 300$ a MONTH max, to which "photographer" agreed she would work with me, and also sympathised with me for being a full time student, and my husband being off work when hes already an immigrant to Canada. When the contract was sent to me, it was 2 weeks away from my wedding, the deposit had already been sent, and I felt as though maybe it was a standard contract that would be adjusted according to my financial situation at the time therefore I signed and agreed to the current schedule (with the knowledge that late payments resulted in 12% fee and not VOID / NULL or breach of contract)  

  
  

  Myself, again was extremely vulnerable with letting "photographer" aware of my financial hardships, but also my hectic schedule due to school. In January 2022, I entered the Hospital Unit Clerk program at ******** ******* which resulted in me taking 5 full time scheduled classes Monday to Friday, as well as 2 independent classes also full time, with check in classes on Fridays. I am also a mother to two children, one being a toddler and so I was nearly drowning in stress at the time trying to manage my school work and home life. I had said "photographer" that I was going to get my Mother to pay off the remaining balance, to which I completely forgot to communicate to "photographer" within that month frame. "photographer" didn't try to communicate with me in any form, or remind me of payments VIA square, or messages. Once things slowed down at home a little, I contacted "photographer" to let her know I would be paying off the remaining balance ASAP to which I set up payment arrangement right away with my mothers credit card and paid the remaining balance off in full on March 28, 2022.

  
  

  "photographer" also explains that watermarked sneak peaks were to be sent to me 2 weeks from the event date, I never received any watermarked photos, but was emailed 2 photos (again, non water marked) and saw a few more uploaded online to "photographers" ******** and ********* page. 

  
  

  
  

  There is many more claims to which I am not going to comment on at this time, as of current I have filed a Civil Action Case with the Alberta Courts. 

  
  

  I have included duplicate exhibits of evidence supporting my original claim, and supporting new information in this current claim.

  
  

  
  Sincerely,
  
  ******* **********

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