What’s Your Preference?

davidjcusick · #1 (**permalink**) 02-16-2011, 09:28 PM

Good afternoon all. I'm looking for a bit of advice if you will. We recently did a 2 day photography shoot for a non-profit organization here in Nova Scotia. Months before the event, a contract along with the quote, was signed. Plans changed slightly & the shoot was moved from April 2011 to the weekend of January 22 & 23, 2011... not a problem. The Monday before the event a meeting was held to clarify what was expected of both parties during said event. Saturday & Sunday roll around & the job goes a few hours longer than planned... again, not a problem. The Tuesday following the event was supposed to be "payday", however the organization now tells us that there are no funds to pay us with. We have been in contact with 2 nationally recognized organizations who have informed us that they did indeed fund this project. Still, the organization refuses to pay. Even going so far as to say that THEY have revised the contract to THEIR liking & that they can now only pay us pennies on the dollar compared to the original quote that was read & reviewed along with the signed contract. Other than small claims, does anyone have any other suggestions as to what the next step should be? Thanks in advance. Jeff

candleman · #2 (**permalink**) 02-16-2011, 09:38 PM

Quote:

Originally Posted by davidjcusick

Good afternoon all. I'm looking for a bit of advice if you will. We recently did a 2 day photography shoot for a non-profit organization here in Nova Scotia. Months before the event, a contract along with the quote, was signed. Plans changed slightly & the shoot was moved from April 2011 to the weekend of January 22 & 23, 2011... not a problem. The Monday before the event a meeting was held to clarify what was expected of both parties during said event. Saturday & Sunday roll around & the job goes a few hours longer than planned... again, not a problem. The Tuesday following the event was supposed to be "payday", however the organization now tells us that there are no funds to pay us with. We have been in contact with 2 nationally recognized organizations who have informed us that they did indeed fund this project. Still, the organization refuses to pay. Even going so far as to say that THEY have revised the contract to THEIR liking & that they can now only pay us pennies on the dollar compared to the original quote that was read & reviewed along with the signed contract. Other than small claims, does anyone have any other suggestions as to what the next step should be? Thanks in advance. Jeff

Well, heres the synical bugger in me coming out again.. non-profits are almost always trouble makers.

Have you sent them any images? */facepalm and prays you haven't*
Don't send them even ONE image until your fees are paid in full.

If they refuse to pay, archive the images and tell them you will not work on them until the agreed fees are paid in full by xx date.

once xx date passes, send them a certified letter stating they have 30 days.
If you have already delivered the images, maybe treaten a Debt collector?? may not be legal in your part of the world without certain steps being taken first)

that's what I would do.
Depending on your fee... it may be wise to talk to a lawyer about how you can get your money because, honestly, i'm sure you could do them for breach of contract for that sort of behaviour.

I wouldn't screw around with it.

Jim Bryant · #3 (**permalink**) 02-16-2011, 09:49 PM

In order for them to revise the contract to their liking, they still have to send it back to you to sign off on the changes or not. Even if they are a non profit..the CEO, President and staffers still get paid. Tell them it's a breach of the original signed by both parties, therefore you're going to sue them for not only breach of contract, but unlawful use of images without being paid the original agreed price. Go to a lawyer and pay them them their fee to write a letter demanding payment for unlawful use of images. I'd say about $5000.00 per image. That should pull their heads out of their asses and pay your a agreed amount plus overtime in a hurry. You also need to get letters from both the nationally recognized organizations who have informed you that they did indeed fund that project. Someone got paid and seems that you got screwed.

andyw · #4 (**permalink**) 02-16-2011, 11:05 PM

They are a customer - what business and whether they are profit or not is immaterial.

They would appear to be in breach of contract.

Start nicely, with a well drafted letter telling them they cannot just change the contract and that the existing one stands and that the payment is due.

If no joy then it is a solicitors letter next etc etc.

OsmosisStudios · #5 (**permalink**) 02-17-2011, 12:02 AM

Step 1: Small Claims court (depending on the value of the contract: you may have to look at a higher court)
Step 2: ????
Step 3: profit.

SusanH1970 · #6 (**permalink**) 02-17-2011, 12:19 AM

Quote:

Originally Posted by Jim Bryant

In order for them to revise the contract to their liking, they still have to send it back to you to sign off on the changes or not. Even if they are a non profit..the CEO, President and staffers still get paid. Tell them it's a breach of the original signed by both parties, therefore you're going to sue them for not only breach of contract, but unlawful use of images without being paid the original agreed price. Go to a lawyer and pay them them their fee to write a letter demanding payment for unlawful use of images. I'd say about $5000.00 per image. That should pull their heads out of their asses and pay your a agreed amount plus overtime in a hurry. You also need to get letters from both the nationally recognized organizations who have informed you that they did indeed fund that project. Someone got paid and seems that you got screwed.

I keep looking for a "like" button, lol.