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Archive 2012 · Payment troubles...
  
 
mkchang
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p.1 #1 · p.1 #1 · Payment troubles...


There's a company that is the official photography company for the high school association here that hasn't been honest with their payments. And when I say honest, I really mean no payments.

Agreement was 50% of sales and I know for a fact that someone bought some stuff (they told me).

That was months ago and not a word. I emailed them this evening about a specific game and I get a response back pretty much saying "Oh yeah... we'll be sending you a check for that basketball game you mentioned"

Hmmm...

They sent out a mass email earlier in the year and I emailed some people on that list and they have not received any money either. One is in the same situation as me saying that she had people tell her they ordered pictures.

So while I'm getting paid for the specific one I mentioned, I have no clue what else has sold. I imagine there have been others for me and surely for everyone else.

Is there any way we can get them to show us their sales?




May 03, 2012 at 02:45 AM
colinm
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p.1 #2 · p.1 #2 · Payment troubles...


What does your contract say?

It should address both the payment terms and the availability of auditing.

Edited on May 03, 2012 at 04:04 PM · View previous versions



May 03, 2012 at 04:03 PM
mkchang
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p.1 #3 · p.1 #3 · Payment troubles...


No signed contract, just an email chain specifying the 50% cut.


May 03, 2012 at 04:04 PM
CTYankee
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p.1 #4 · p.1 #4 · Payment troubles...


mkchang wrote:
No signed contract, just an email chain specifying the 50% cut.


why, oh, why.......

Email them about every game. Let them know you know people bought stuff. You'll get as much as you can. Then walk away and learn your lesson: no contract, no pay.



May 03, 2012 at 06:02 PM
mkchang
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p.1 #5 · p.1 #5 · Payment troubles...


Yeah, I know. And it's really not too big of a deal. I was just a little pissed last night when I wrote that. I'm actually thinking about having them take all my images off their site and off the official highschool site.


May 03, 2012 at 06:05 PM
tcphoto
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p.1 #6 · p.1 #6 · Payment troubles...


mkchang wrote:
Yeah, I know. And it's really not too big of a deal. I was just a little pissed last night when I wrote that. I'm actually thinking about having them take all my images off their site and off the official highschool site.


Funny, your tone makes me think that it is a big deal. No contract? It seems that you shot yourself in the foot. I do not show up if they do not put it in writing, I do not want to be perceived as unprofessional and will not fund the clients project. Asking them to take down your images after the fact will only highlight your lack of attention to detail.



May 03, 2012 at 08:02 PM
mkchang
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p.1 #7 · p.1 #7 · Payment troubles...


In my experience and education, a mutual agreement through email is considered a contract, no?

As for taking down the images, I still own the images and if I choose not to use them anymore I can have them take them down.



May 03, 2012 at 08:27 PM
 

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artd
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p.1 #8 · p.1 #8 · Payment troubles...


I'm not a lawyer, but I think an email agreement certainly can be legally binding. As long as both parties have indicated they understand and accept what is being agreed to.


May 07, 2012 at 10:50 PM
Craig Gillette
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p.1 #9 · p.1 #9 · Payment troubles...


Are they stiffing the schools too? Undoubtedly there is a portion of the sales supposed to go to the schools so that should provide you with more muscle and resources to get this audited and any issues resolved.


May 08, 2012 at 04:56 AM
jen19806
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p.1 #10 · p.1 #10 · Payment troubles...


File a lawsuit in small claims court asking for more than they are likely to owe you. They will either not respond and you'll get a default judgement, though enforcing it may be a doozy, or they will respond that they don't owe you that much and you can request they provide financial/sales records to document their lower figure as part of the discovery process.


May 08, 2012 at 05:17 PM
cwebster
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p.1 #11 · p.1 #11 · Payment troubles...


A signed contract is useful if you have to go to court, but otherwise it's good only for keeping every one on the same page.

Unless you want to spend the $$ and/or money to go to court then try negotiating with them first. The court is the last resort.

<Chas>



May 09, 2012 at 01:56 PM
BriMcD
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p.1 #12 · p.1 #12 · Payment troubles...


artd wrote:
I'm not a lawyer, but I think an email agreement certainly can be legally binding. As long as both parties have indicated they understand and accept what is being agreed to.



They could argue that they didn't send that email.



Jun 09, 2012 at 06:05 PM
eaglescout
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p.1 #13 · p.1 #13 · Payment troubles...


Not likely.
The origins of the email are embedded in each email sent, along with its routing. And, emails have been used as proof in many criminal and civil cases for more than a decade.

Then there is confirmation of a sale mentioned earlier in this thread.

I say burn them! It's theft and if there aare a couple of photgs reporting the same issue its a pattern of criminal activity and fraud.



Jun 30, 2012 at 04:30 PM





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