As a professional photographer you make it your goal to know all aspects of your industry and to ensure your client’s satisfaction and happiness. We understand your work ranges from weddings and christenings to aerial, commercial & industrial shoots. That it consists of much more than just snapping a shutter. We understand all the time you spend scheduling appointments, traveling to locations, maintaining & setting up equipment, image processing and the always time consuming editing. At Trigon, we also understand your industry is unique. An artistry. Unfortunately, it can also be subjective and clients can be temperamental.
You shoot a wedding. Everything goes perfectly and the bride is happy. She decides she wants an album that is different, “something “unique, chic & modern”. You meet with her for more specific details, discuss options for design and request she choose the photos she would like included in the album. Several weeks pass and you have been unable to make contact with your client regarding her selections. You complete the album based on her original requests. Time continues to pass with still no communication therefore you send her the proof. At this point she quickly contacts you and expresses her unhappiness with the album in both the design and chosen photos. She requests a refund of her package price. You do your best to negotiate and offer additional services to satisfy her but she seems to have no intention of working with you. Soon after, you receive notice of a lawsuit for breach of contract. Having made your best attempt(s) to appease her, you believe your only option, other than returning the requested refund, is disputing the claim. When given the opportunity to speak in court you summarize; “While my contract clearly states no refunds, I feel I have gone above and beyond to please this client. Unfortunately, she is in no way interested in working with me. I believe she is having buyer’s remorse after realizing she could create her own, less expensive, album. For that reason, she no longer wants the album I produced and her only concern is a refund”. The plaintiff’s claim for breach of contract was denied on the grounds that she did nothing to help mitigate the damages and made no effort to propose a resolution. Great news? Yes and No. You did prevail in the courtroom but spent thousands of dollars on attorney fees and loss of pay due to time spent away from your business.
With the DRAMATIC increase in litigation, will you be prepared when, not if, a similar situation occurs to you or your company?
A Lawsuit can have the single greatest impact on your current and future earnings. The effects are long lasting. Even if allegations are found to be groundless, thousands of dollars may be needed to defend the lawsuit. Litigation can bankrupt a smaller company or individual. , Whether you are new to the industry or have been in business for years, you need to be prepared and protect yourself!
Let Trigon help protect you and your company’s assets and reputation with an Errors and Omissions policy today.