Cathy Yount
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 p.1 #1 · What do I do when I'm injured? | |
I was inspired to write this in response to not only my hospitalization, but also this post:
Injury Delay
I'm sorry I didn't think about posting this until now, but I want to share what happened to me so that everyone can learn (and make sure your contract is rock solid). Remember, something can happen to you, even when you don't expect it, and you want to be prepared if it does. But we hope this isn't the case in everyone's situation. Unfortunately, its not the best story, but it will help people learn.
Basically what happened was that a customer wasn't happy because I wasn't able to contact her about everything when I was in the ICU. My contract states I have 8-12 weeks to deliver the final album once my client gives me his/her photo choices (10 photos out of 50). She gave them to me Oct. 15 and I went into the hospital Nov. 6 (ICU for four days) until Nov. 18. She emailed me in the ICU demanding that I give her the album right then or she'd take further action. Her biggest claim was that she didn't have any pictures to show, which isn't true; I post everything in an online album that anyone and everyone can see. She ended up reporting us to the BBB because I wasn't delivering the product in a timely manner, and demanded a free $400 CD that wasn't in her package, even when I was well within contractual limits. My husband went home that night and designed and mailed it to her. Our contract was rock solid, so we sent documentation of everything, even receipt of the album to the BBB, and everything was dropped administratively by them, but not by her. The BBB followed up with her to see if she was satisfied before the case was dropped, and she said no because she didn't get the CD.
Here's my point: you never know what will come about in the wedding industry, and you never know what people will try to pull, even if you are going through an especially hard time. For that reason, we must be prepared. We have to:
--Join a local or national PPA group and join the Indemnification Trust...it helps to protect us in several situations (not all, but many) and offers legal advice to photographers who join. There's not many websites out there to describe everything for non-members, but these websites will give you a tidbit of info:
http://www.ppmag.com/web-exclusives/2005/12/ppa-indemnification-trust.html
http://www.ppa.com/articles/83/PPA-Indemnification-Trust-Prepare-for-the-Unexpected.php
--Work on getting a comprehensive equipment and liability insurance policy with an umbrella clause/plan that will cover all extra expenses. A good starter value for the umbrella is $1M. Again, PPA is a great source for a good, solid insurance policy.
--Make sure your contract is rock solid. If you know any brides who are lawyers, offer to trade services. If not, send it to a lawyer and have him/her read over the contract. It's really important, because my lawyer found holes in the PPA contract! She added some great language to it that should protect me. If you would like some information about what she added, PM me.
--Make a backup plan for someone to be your representative, should you be unable to contact your customers. No, you shouldn't have to call every person each time you get a report about your health. However, you could employ different modes of communication, like a blog entry, a phone call from a family member, or an email from that person to notify your current customers about what is going on. Make a list of contact information or a computer file so it is readily accessible.
--Keep all emails and correspondence about dates and delivery times. This is what helped me the most. Also, make a form to use once you deliver the final product in your packages. Have the package and price they paid spelled out, along with the dates beside each component when each part was delivered. Have one other clause stating that you delivered the package and album and full and have both parties sign and date it.
PLEASE take this information to heart guys and don't take it lightly. I never in my wildest dreams thought that I could have a PE. That was serious stuff and I could have died the night I went to the hospital. I've never smoked, hardly ever have a drink, and am very active. However, I did end up in the ICU where I couldn't do my work. I'm very blessed to say I'm back to work now, but it could have easily not been the case. Make sure your contract is solid on limits of liability, acts of God, and delivery times to make sure that you can benefit and be protected in the same way; you never know what people will pull. In my case, it all boiled down to the fact that she didn't read her contract (everything was spelled out in there about when she would receive everything, even in the event of an emergency). Best of luck to each of you, and I hope you all have a very MERRY CHRISTMAS!!!
Edited on Dec 23, 2008 at 02:38 PM · View previous versions
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