She did want files and that was the agreement. 1edited high resolution file @ $10. Each . It was when she wanted all of them after the fact and was unhappy with the quote for the price for all of them, that she responded with her text. As if that disc quote blind sighted her . I'm sure it did but that was not the agreement before the shoot. She should be grateful I did not just say oh for $10. Per file that is 400.00 . No I said 200 initially. Then dropped it down to $150. In my text . She replied back that was too much and she should have gone with the other girl .

Sorry to drag this on ....
First off thank you for the replies. I really appreciate it. I don't want to say anything further. But I took down all the images on Sunday night, without telling her and have not replied back after texting her that I will be sending an email.
I don't want to leave her hanging if she is truly sincere and waiting on me so she can buy $40. Worth. I don't want her money anymore or to do business with coworkers at all, right now. Her taking them and posting them on facebook then saying she only wants to spend $40. (But yet takes 7, which is $70.) just ruined it for me. I don't even know what to say her anymore. Other than to remind her that if she wants to spend $40. That she gets 4 photos as agreed on but she already took 7 . I submitted the claim to facebook for them to be removed from her account. I could respond stating that $40. Is four photos as per our agreement and then keep the facebook thing separate .
You really think its good to just stop communicating with her completely , unless she brings it up , if she could be waiting on a reply from me ?

Out of all these post, there is one solution to your dilemma, that has not been mentioned. Sue in Small Claims court. You did have an oral contract. You provided a service, she used it, then breaching the contract by doing an end run around you, by not paying you. And the filing fees here for small claim is $25.

When you are notified when the trial is to be, make sure you get a paid day off, so, that cost does not enter into the cost. Hopefully she will not think of this and it will cost her more than what she owes you. If the judge rules in your favor with what facts you present, you'll get your judgment. If not, it only cost you $25.00 plus the loss of your contracted agreement, which you now have proof for tax returns to deduct the loss. $25 court cost and the non-paid bill.

Also once adjudicated, you can let go,(win or lose) because you have done everything legally possible and no longer worth your attention. When a grudge is held, it is only the grudge holder that suffers. The person that the grudge is held against, goes about their business 'happy as a lark' and never even thinks about the unknown grudge, while the grudge holder boils and roils with feelings.

Don't be a pig and ask for the $150, only for what she used, the seven at $10 each. With all the hee-hawing with prices, this would be common sense, and show the court you character and honesty. Which you will try to prove - what she doesn't have, and what the court will be looking for; since there will be unsubstantiated facts. Keep all e-mails especially the ones where she tries to renegotiate the price.

This is no different than someone walking into a store opening a pack of gum, having a piece and walking out with a $1 pack of gum without paying. Making a claim that it is too expensive and doesn't taste good. It is still petty theft, after all they chewed it, them liking the taste does not have merit for legalizing theft. She opened and claimed your pictures by using them, and then not paying because of cost. Even large corporations go after the $1 thieves.

As an afterthought- the biggie here is a legal term called 'meeting of the minds' in a contract whether oral or written. Have all the e-mails that you quoted her prices before and after the pictures were taken.

Also bring up in court you would like reimbursement for the cost of court. Strong chance you'll get it if you win.

Ok, so you win. Then you have to collect - good luck on that. I have a guy that did work on my home, or so I thought. It turns out the work was never actually done (blown in insulation). Took him to court, asked for what I paid him AND the losses due from increased energy usage due to his non-performance. I won. I even was awarded statutory interest - he now owes me $7000, but absolutely refuses to pay - claiming, fraudulently that he doesn't have the money. But he somehow bought an new house, a new car, and was awarded contractor of the year last year, all while he owes me my money.

Small claims court is generally a big waste of time, unless you can show that the defendant has assets that you can collect against. For this amount it is absolutely not worth it. And it will just prolong the aggravation. It's best to write it off as a bad experience and move on.

And its a really classy move to get your employer to foot part of the bill for your legal issues. Wow, that really takes a pair of cojones!

Facebook just sent me an email telling me the photos have been removed. As for the confusion about 200/180. Then $150.... If I did not clarify well enough , she wanted all of the photos *after* the shoot and after she saw most of thr proofs online. I quoted her a price of $200. Which is a high amount for my area . I ended up reducing that quote down to the 150. Even at $250. That IS a average rate a LOT of photographers in my area charge. If you live in another state or location or state and the going average rate is much much higher , I can see why that would look super cheap but it's not . I actually still price myself on the high end when people ask what would I charge. She would be my first real paid shoot and it felt informal but yes I see now it should have been handled as if she was still a stranger .

Anyway when she replied back in text 2days later and after I asked her if she got my text.
This is what I wrote in my email that **is not sent yet * :

"But if I wanted to spend that kind of money on pics I would have went to my professional photographer who charges less ." That doesn't make sense because you agreed on $10. Per image. If you are referring to the quote I gave you on a full disc of images, that was because you told me you wanted a disc , *AFTER* you saw most of the pictures as proofs on the proof website.

As for a disc, The one time only quote of $150 for 30 remains.

That was way more than fair to reduce it even more from the 180. in my text on Friday evening. down to the $150.

"So I will give you 40 and just give me what you think is far."
$40.00 pays for four high resolution digital images. However , I see you already took it on yourself to take at least 7 without paying for, or asking first. I removed them from the proof gallery, entirely.
If you are still interested in buying any images, proofs will be shown in person from now on.

Christine

I did a photo shoot for a co worker. (big mistake)

She knew I did photography (hoggyist/enthusiest,whatever you wanna call it) and had seen my photos before . She said she did not want to pay her regular photographer what it costs for an entire disc of photos and what would I charge her? I said I prefer prints, and don't like the idea of selling digital files on a disc. I told her I don't mind doing the photos and she can buy them per image, for $10. (per high resolution image.)
I thought $15. is a minimum fair amount but wanted to give her a discount.

After the shoot, she is showing the gallery (what I thought, but it could have been saved pictures to her phone) proofs to our other co workers, and raving about them. When she heard me say,that is only 15 , and there should be about 30 total when I'm done she said "I want a cd "

I didn't discuss it with her, because it was in the morning at work and had no time to talk. I was actually surprised because she acted like she couldn't afford a whole disc of images.

After work I saw her in the office that evening, and I said if you really want a disc with all the photos, It will be $200.00 assuming there will be 30 .
She pauses, looks shocked and made a funny sound. Then said ugh, That's way too much. I'll have to talk to my mom, and get back with you. I said well, I can do it for $180. ,and I explained she can make payments if she wants,do it by cc,or paypal if needed. She says nothing.

I get home,discuss it with my husband and we agreed it would be okay for me to lower it to $150. After all she is a co worker. But I won't go any lower than that. I spent a long time processing those photos from raws. I decided to go ahead and finish editing since I figured she'd love to have them ready before thanksgiving, and it would be a nice surprise since I told her it may take two weeks. I end up having 40+ photos ready for the online gallery and go ahead and post them all to it .

Then I text her that night explaining that I'll go down to $150, but no lower,and only this one time. (Did not tell her, but was going to go ahead and let her have all 40+) . I was starting to have a bad feeling about her because of her acting so strange,to change her mind about wanting a disc ,then complaining about the price.

So I said (in my text) next time I will have to charge a fee upfront and offered her a couple other options (package deals less images, for a less amount, if needed).

She doesn't get back to me for two days.
When she does she says she's sorry but had she known I would be so expensive she would have never done the shoot with me in the first place and should have gone with her "professional photographer" instead (the one she was complaining about not wanting to pay ). She said her photographer was cheaper. She said she will "give" me $40. and then I can just give her whatever I think is fair.

I did not charge a fee upfront because I was thinking I was helping her out, and allowing her to buy per image . So whether she wanted zero, or just a few it was Okay by me. Before the shoot, she & I verbally agreed $10. per image and did not discuss a price for a whole disc because that wasn't what she wanted.
I noticed only 1-2 days after I uploaded the proofs on pixieset, she had already saved 7 of them somehow (must have been screenshots by her phone,because its right click disabled) she made a collage of 6, posted it as her facebook cover photo,then used a 7th picture as her profile photo. I didn't think anything of it at first, until she said what she said to me in text.


After thinking about what she texted me, I started getting more and more angry,feeling used and then realized how dare she take photos off my gallery that were supposed to be proofs for choosing which ones she wanted to buy, then tell me She should have never used me in the first place "had she known" I would be so expensive. She AGREED to have the shoot done, and pay $10. per image (however many she wanted to buy) . She could have gotten ONE image and it would have been just $10.00 .
She's the one who changed HER mind and asked how much for a disc. She's got 7 of those pictures,and probably all 49 ,so at this point I don't even want her $ . I don't want her $40.00 because she stole $70 worth of pictures.

My mom told me I should go on her facebook, and in the comments under the pictures she posted , tell her that because they were never paid for,she should never had saved them from the pixieset website, and posted them to facebook. I did not even think to watermark them,because I really didn't think I had to protect myself from this happening. I can't believe a co worker can do this, and then work with me,and have no shame. She won't say a word to me about the shoot,at work,unless I bring it up. I'm not comfortable speaking to her about it at work,so I need to finish my email and send it and be done with it.

I am thinking of bringing up the fact that she agreed to $10.00 per image so her saying that "had she known " comment was unfair of her,because she DID know. She just wanted something else that we never discussed and wasn't happy with my answer. She took 7 of my pictures(probably more) from the proofs page and then "offers" to "give" me $40.00 for "whatever I think is fair" , so I want to bring that up and tell her very firmly that no, she agreed to $10. per picture so if she wants to spend $40. than she can get FOUR photos, per our agreement.
*However* , I don't understand why she would say she only wants to spend that much, if she has already taken at least $70 worth of my photos and already put them on her facebook page. I want to call her out on that too.

What do you think I should do ?
So I don't know if there is a way I can complain to facebook, to have them removed. Had she paid for them, it wouldn't have been a big deal. What makes me mad is she took them, then tells me how much she would paid me which is extremely insulting and rude, and shows she has no respect for me at all and probably never wanted to buy any in the first place. My friend thinks she used me on purpose to get pictures for facebook .