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!!!

Great post, and for starters, I'm glad you are OK Cathy and back at work.

I'm still sitting here speechless, however, at your client's pure lack of compassion for your situation. It saddens me that there are people out there who have no care at all for the well being of others.

Wow Cathy, glad you are back to work, sorry you had to deal with illness and this too.

Thanks for posting, I really appreciate it.

+1 on Mattbtn's response.

Stephanie

I'm over that, really. It was hard at first, but I kept trusting and praying, and it worked out fine. I won't lie to you though, I was REALLY scared when it was all happening. It's funny, because the resolution notification from the BBB came on Thanksgiving (and my birthday), of all days. You REALLY have to learn how to forgive and forget in this industry. If you don't, you won't make it.

Kathy, Happy Belated Birthday!

BTW, take it easy for a while even if you feel better

And enjoy the holidays!

BTW, take it easy for a while even if you feel better

Thanks Stephanie! I have to admit though, that I've done a bridal shoot and a full wedding since I've been out and I feel great. I SHOULD have taken a longer recovery, but I was stubborn and didn't. I'm fine though.

Join the LOCAL PPA or similar pro organization, get involved so you know people. It can pay off in the case of an emergency, but also for second shooting, referrals back and forth, someone to go and have a beer with that won't mind talking shop, etc.

I am just sorry for her husband

Thanks for the heads up, Cathy. Seriously can't believe people. Reminds me of this weekend. I am REALLY glad you are doing well! And that Mel was able to give us all a heads up on your situation. Hope you continue to get better! And I can't wait to join the PPA come January. Any price hikes? Maybe I'll join Dec. 31...

Hey Deb!
I would join as soon as you have the money. The biggest thing that has helped me through PPA is the contract and learning the ins and outs of copyright language. I highly recommend it. What happened to you last weekend

Haha -- well, this weekend doesn't have much to do with your situation -- it just has to do with really rude peolpe.

We were at Disney World and there were some REALLY pushy people waiting to get fast passes. One lady was breathing over my sister's shoulder telling her to get out of the way and move on -- while my sister was working on getting fastpasses. As soon as my sister is done, the lady gets to the front of the line and lo and behold, her tickets don't work and she has to call someone to help. I almost went up to her and told her "Get out of the way -- you're holding everyone up". I noticed SO many rude people there. I almost have no hope for society.

What struck me about your post and people I saw this weekend is that as people we think it's all about US and no one else. Like I'm suddenly the most important person in the whole world and all my desires should be fulfilled regardless of anyone else's situation. I mean -- you were in the ICU!!! And yet your client kept asking you "when are you going to be done with my album." Ugh. I seriously can't believe people. I would have been really excited to have even gotten an album from you. Sheesh.

Cathy,
Thank you for taking the time to start this thread. We were all very worried when we knew how serious your condition was at the time. I am so glad that you have bounced back and working again.
I'm sure we have all had our share of those little darlings. We try so hard to get everything done, but we never know when something like this could happen to any one of us. Reporting you to the BBB even though you were in the ICU was only something a very cold and heartless person would do.
The one thing I'm glad I have not done in my contract is to commit to when I will produce the images or an album. I give them some idea on my time frames verbally, but everything also hinges on how soon they turn the numbers around. I'm also lucky that the lab we use can design for us if something would happen to me. Dennis would probably have to wait until someone asked before he would know what I was working on.
In some things I'm covered, in others I need to regroup and add a couple of lines. I'll have to take a second look before we sign our next contract. Happy Holidays, Yvette

GOD Bless you and yours Cathy. Thanks for the info.

Did I read that right? According to your contract you had 8-12 weeks to deliver the album, but she was complaining at week 3-4? What is wrong with some people?

Yes, it was around 3-4 weeks that it happened. However, we must remember in the wedding industry that we have to roll with the punches. If we let it get to us and get too emotionally involved, we will fail. This was a great lesson for my nerves and stamina.