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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2092
Experience:  Practicing Attorney with 10 years experience
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I'm an actor. My manager told me that I need to use an LA photographer.

Customer Question

I'm an actor. My manager told me that I need to use an LA photographer. I made an appointment with a celebrity photographer. The manager said, we want you to get the pictures taken soon or you'll get dropped. In fact, they did dropped me but I talked to them and asked them what they wanted. They said, use ours. I used the photographer regardless of how unhappy I was. I did it. I was only doing three looks. They suggested doing an extra look. Total of four looks. He told me that I'd get the pictures in two weeks. He said that I should do character shots next time. I said, okay we'll do character shots the same week I'm getting pictures taken by the celebrity photographer. The celebrity photographer told me to watch out. The celebrity photographer had me do the character shots I was supposed to do with the other photographer. That way, I don't have to pay extra and I could cancel on the other photographer. I told my manager and the photographer I wanted to cancel. My manager was pissed and tried to convince me to do more looks. Go to Macy's and buy more clothes. I said no. I'll just reschedule. I never signed a contract that I was for sure doing the photoshoot with their photographer. But he said that I needed to pay cancellation fee even though it wasn't set in stone. I also only approved of 3-4 looks. He said they did five edits. Originally, the session included 3 3 edits.
He's charging me for cancellation, 5 edits, and extra look.
Cancellation fee valid even though I didn't sign the contract?
Looks: I only approved for 3-4 looks.
Extra look: I'll pay.
The thing is it's past two weeks and I still haven't received any pictures from the photographer.
Submitted: 12 months ago.
Category: Legal
Expert:  Asad Rahman replied 12 months ago.
I am sorry to hear that. I believe you gave him a strong impression that you would come back to him so a cancellation fee is not unreasonable however he has also breached his obligation for delaying the delivery of the photos. I would use that as your leverage.
Customer: replied 12 months ago.
Here's what I'm writing please review:Sorry for the inconvenience but I have been out of town and busy with Waterfront Conservatory (my school). Honestly, I don't have any more looks I could do. I know that Studio Icon and Global One Management are working together to get pictures from me. And I understand the frustration that I chose another photographer. The thing is, Bradford Rogne is my first choice, but Marina told me that if I don't take pictures with you, I will be dropped. So I did. I took pictures with you.I've requested to get my pictures from Marina because I want to work in San Francisco and do workshops in LA. I didn't get a response, and I didn't get the pictures. I missed out on MANY opportunities. My pictures are not updated because I don't have the link that was promised to me.For you to say that I'm unprofessional is ridiculous to me. I paid for a workshop that got cancelled because OTHER people couldn't make it. I can't make that workshop because I have a class. I was also promised a link to my pictures. You also mentioned it would take up to two weeks. I waited, and still waiting. In fact, I received Bradford's before yours. It happened within 24 hours. As far as I'm concerned, the pictures I took with you doesn't exist. It's not tangible to me. I also said that I'm only willing to do 3-4 extra edits per my email. I never said 5.In regards ***** ***** cancellation, I did not sign the contract but I'm willing to give you a rescheduling fee because I'm WILLING to get more looks from you. Note, that if I wanted to cancel, I would've said I will Cancel.The honest truth why I haven't emailed back because I didn't want to give you this type of email. I'm a nice person but if I feel like I've been treated unfairly, I will stand my ground.I honestly liked you and I've tried to find the good in both you and Marina but I can't help but feel that I've been taken advantage of.
Expert:  Asad Rahman replied 12 months ago.
I think this is a good approach. I would say that I feel I was forced into hiring you "under duress" by your manager because that helps your claim if you have to go to small claims court.
Expert:  Asad Rahman replied 12 months ago.
I am not at my computer but I can do a little rewrite for you if you do not mind in a few hours.
Customer: replied 12 months ago.
I sent the email with your edits. I do want to know my rights. If it does go in the small claims. What are the steps and what do I have to do? Is it worth it? I did spent lodging and travel for the photoshoot. And they've put me through a lot of stress. What can I do?
Expert:  Asad Rahman replied 12 months ago.
If you intend to sue them first then you would file for breach of contract. If they file first, then you can still counterclaim against him for not delivering the photos on time. You have to determine yourself if it is worth it.
Expert:  Asad Rahman replied 12 months ago.
Typical small claims court have both parties filing their petitions and then basically there is a hearing/trial where the judge allows both sides to present their arguments and decides who is in the right and what should be done to compensate the party.
Customer: replied 12 months ago.
What is the cost of all that?
Expert:  Asad Rahman replied 12 months ago.
Just the filing fee. I am not aware what your local jurisdiction's small claims court fees are. Here is a good overview of small claims court in California. http://www.courts.ca.gov/selfhelp-smallclaims.htm
Customer: replied 11 months ago.
Hello,The photographer responded to me and this is what he wrote:Maybe you should consider how you phrase your words. Me and global one don’t work together and we don’t work toghether to get pictures from you. it’s up to you if you want my services. They recommend me because my work is proven. Im sure they didn’t make it sound such as if you would get dropped if you din’t use my services. Im sure what they were wanting if for you to provide proper images in a time they expected. That’s between you and them.Here is your link. you can forget about the edits. I’ll consider work done for practice and wont charge you. you might be paying me cancellation fee as a courtesy, but I can hold you do the full amount do the verbal and written agreement by email, so please understand im showing my courtesy as well. At this point I have no interest in working with you further. You can void the edits and even though there are no cancellation for the seminar I’ll call it even with the 100 cancelation fee you owe me. You owe me $150 for the extra look that you haven’ paid.End of the email.The thing is I do have proof that they do work together. His studio is two doors down and he went in Global Management's office and used one the offices and shut the door behind him.I also have the recording of Marina (manager) telling me that I'm going to be let go if I don't use the photographer. That was before getting into business with Studio Icon the photographer.By the way, I do recordings because I can't hear very well.It seems like their hiding the relationship for some reason. Because whenever it's on email, Global One avoids answering it. She only admits it on the phone.
Expert:  Asad Rahman replied 11 months ago.
Yes it does seem very sketchy. However he is dropping his demands so may make sense to walk away.

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