Complaints

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• Initial Complaint

  Date:12/08/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I placed a $530 deposit down 6/12/21 for my 5/21/22 wedding. Upon booking I requested a discount because I didnt need the engagement photo Session annd I was informed it was complimentary and it was a way for us to get to know one another. Inevitably I had to cancel my wedding for a variety of reasons primarily COVID. Which was not uncommon. I let Abigail know 5 months in advance with the hopes she could rebook and still make a profit for a May wedding. In July of 22 after my wedding date I realized I had never received the complimentary session and reached out multiple times via phone and email. I wrote a negative review about inability to contact Abigail again, and she immediately responded apologizing and offered to do the complimentary couples session we had agreed upon initially. I agreed to reach out to her once her busy season was over. I reached out Nov 15th and today received a response saying that I had gotten a discount in my package in lieu of the wedding engagement session. I forwarded our original communication and said that was untrue and she stated she wouldnt do the couples session but instead will do a 30min family session IF I go out to the Berkshires which is well over an hour from where I live. And would give me 20 photos from the session. I am upset as this is not comparable to the session that was complimentary and that we agreed upon in writing in July, additionally I am upset that she was looking for a loophole to get out of fulfilling her agreement and added additional stipulations once I amended my review. At this point I would like a portion of my monies paid refunded to me as our physical contract as well as the verbal contract communicated via email have been broken. Had I not cancelled until the day before my wedding I would have received the session and all the photos complimentary but I cancelled with due notice as a courtesy.

  Business Response

  Date: 12/09/2022

  To whom it may concern, 
  ******* hired me to photograph her wedding. They had asked for a discounted price and to forgo the engagement session, which I include in a wedding package when it is paid in full at the undiscounted price. The engagement sessions are important for me as a photographer to get to know the client before their wedding, so I chose to keep the engagement session in the package and also agreed to  a discounted rate for my services. When ******* and ******* signed the contract, they were notified and agreed to pay a fee of 20% for me to hold their date. This initial fee is non-refundable and is ONLY transferred to the final cost of the wedding upon completion of the event. There is no provision for this fee to be transferred to another service.  In the wedding industry it is usual and customary for deposits to be non-refundable because we book a date for a wedding or an event that cannot be booked by other potential clients and we refuse business on the date booked. When ******* and ******* canceled their wedding, I reminded them that, pursuant to their contract, this deposit is nonrefundable.. Upon cancellation of the contract, no further fees would need to be paid on their end and no further services were due from me. 
  When I received a negative review from *******, which was unwarranted since she signed a contract that was binding and enforceable, I tried to resolve the negative review by offering a service that I was otherwise not obligated to provide. As we all know, a negative review can have an impact on a business even if the complaint is unwarranted. Also, I understood that ******* was unhappy about her situation and I wanted to try to resolve this issue amicably.  I offered the photo session in the Berkshires as an alternative and in an effort to resolve the matter. This session would cost me time to take the photos and edit them and I would not receive additional compensation for my time. Unfortunately, ******* was not satisfied with this offer and demanded an engagement session to which she thinks she was entitled.
  For your information, I have attached the contract signed by ******* as well as additional communication between ******* and me. 
  
  Please let me know if you have any additional questions for me or if you would like to discuss this matter further.
  Sincerely, Abigail Fenton
  
  

  Customer Answer

  Date: 12/09/2022

   
  Complaint: 18541168
  
  I am rejecting this response because: there was no remediation included in this. I am not asking for a transfer to another service. And I did not feel entitled to the session. When I reached out to her the negative review was because I was unable to contact her after the cancellation AT ALL. I simply asked if I could have the session because if I had cancelled later the session would have been completed and she would have had less notice to try and find the date had she said no initially. I would have conceded no harm no foul. But she agreed to do it. When she then agreed to doing the session in July, I agreed to contact her later, now shes saying shes not obligated to that agreement. 
  
  Sincerely,
  
  *****************************

  Business Response

  Date: 12/24/2022

  It is saddening to me that this remains an issue. I have no additional response other than to please see the attachments in the initial reply from me. What is stated there remains true. The contract is clear, and the engagement session was discounted in the wedding package to provide me the opportunity to meet the couple before their wedding. When the wedding was canceled, and this contract was canceled, so were any further obligations from me. My policies are clear and I must uphold them, as I do for all clients.