What to do if a photographer offered to do a free photo session of my daughter’s birth but now wants to be paid?

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What to do if a photographer offered to do a free photo session of my daughter’s birth but now wants to be paid?

I accepted and let her come into the operating room with me during my C-section to capture her coming into this world. Now, 5 months later, she is no longer saying she agreed to that and wants $500 in order for me to get the only pictures of my daughters birth to exist. I have all the Facebook messages from her offering to do them for free and what I would receive. I have taken a screenshot of all the messages. Do you think this would hold up in court? Can they make her give me those photos?

Asked on October 8, 2014 under Business Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An enforceable contract exists between you and the photographer because you relied on the photographer's promise to provide free photos of your daughter's birth.

You can sue the photographer for breach of contract because she is now demanding $500 after agreeing to provide free photos.

The remedy you should seek for breach of contract is specific performance of the contract which means that the photographer is ordered by the court to provide you with the free photos as she had promised.  The screen shots of the Facebook messages are evidence of the photographer's promise to provide you with free photos of your daughter's birth and should be included with your claim seeking specific performance.  The screen shots should be admissible evidence.


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