Dispute with a photographer in California

[spiritfild]

I did a photoshoot for which I paid for the studio, hair and make-up, but the catch is, i didn't realize I was paying for it until after the shoot and after signing what I thought was a Time for Prints agreement. The photographer never confirmed a budget, and hid the "bring $400" at the very end of an email the day before. Anyway. Because it was a miscommunication issue, soon after, I did pay for it, but I also printed out a different agreement that was mutually beneficial and applied to the shoot. This is not a professional photographer, so I don't know why he has a problem with a new agreement, but he does and refuses to negotiate it, even though I was unaware of our terms when signing what I signed. He's being difficult about getting my photos back. He took the papers and my money back in December and promised the photos by Christmas, but I still don't have them and he's threatening not to give them to me. What can I do?

 

[mightymoose]

You should have read and understood the contract before signing it, because that is what your signature means.

If you are unable to resolve this directly with the photographer, it sounds like your next step is small claims court. You paid for a service and have not received the finished product. If one of the two of you owes the other something then the court will settle that.

 

[spiritfild]

I read it and agreed to it BEFORE being told that I was to pay for things, so in my reasoning that invalidates a contract made with a different understanding of the circumstances.

 

[mightymoose]

If there is a dispute over what is stated in the contract then you can seek resolution in court.