Thursday, August 1, 2013

Bullying and Defamation: How to protect yourself

Bullying and harassment is everywhere, but you'll see a tremendous amount of it in the photography field especially if you are a self-taught Tog or you are just dipping your toes in the water. One very common kind of bullying is from photographer to photographer. You will often see more experienced professionals picking on and making fun of photographers who have not been in the business as long as they have or are self-taught and haven't gone to school to study the art. You will never hide from this. This is the kind of bullying that you just have to take in, flip into constructive criticism, and use it as your motivation to show all of them that you can be better than they are. They are trying to knock the weak ones out of the field so they don't have to compete anymore. Years ago, they were in the exact same place as you. Somewhere along the uphill battle, something clicks in the mind of a photographer that because they have reached a certain point of professionalism, they are now better than any photographer under them. Remember they are more experienced than you. They are not better than you. Keep your chin up and keep pushing!


Another common type of bullying is from your clients. I cannot stress enough how important it is to take all of the necessary precautions to protect yourself as a small business owner, photographer, and professional. As much as we all want to believe that everyone inquiring about your services is (and will be) as sweet as sugar, there are just some plain mean people in this world that have no regards to anyone's happiness but their own. Make it very clear, right in the beginning of the scheduling process what their package includes. Make sure you include every detail in a typed and signed contract. DO NOT CONTINUE UNTIL THIS CONTRACT IS SIGNED. Include things such as how long you will shoot for, how many images are included and how they will be delivered, places you refuse to shoot at (i.e. railroads, private property, etc.), how long it will take to get the product back, if all the images will be edited, what the plan will be if the weather doesn't cooperate, what the plan is if they need to reschedule, if they can put those images (unwatermarked) on the internet. Go over the consequences for them if they were to cause public defamation of you or your business. When discussing a non-refundable deposit, make sure to use the word "retainer" or legally, you have to return their deposit. Also, include a note about stealing your images. Make it clear that they cannot crop out your watermark or alter the image in any way. Finally, have them sign a portrait release stating you can use their images as you wish. A separate minor model release will need to be signed by the parents for each person under the age of 18. If they do not agree to any of these, wish to change what you are firm on, or start demanding what you do not offer, don't even go there. Politely refer them to another local photographer that you feel would fit their needs. They will most likely be a client from hell and you are saving yourself a huge headache. You can refuse business to whomever you wish, just make sure you stay professional, polite, and refer them.


Finally, as I stated above to include in your contract, there is always defamation of you or your business. I cannot tell you how many times I have seen clients who are not pleased with the product demand all of their money back, threaten the photographer, or publicly humiliate them because they didn't get exactly what they want. This is when your contract and a lawyer comes in handy. Depending on the extent of the threat, you may want to get some legal advice. It may cost a little now, but it will save you from going out of business due to the name slashing. Once, I refused to continue with an engagement session with a bride to be because she kept rescheduling every time I had a contest going on with the prize of a gift certificate. She continually asked me the same questions over and over to stall and practically demanded that her images be edited so that she looked like Barbie. As nice as it would have been to have another wedding client for that year, I could already see the road ahead with this Bridezilla. It was one road that I wasn't up to travel so I politely told her that I did not offer what she requested and that if she didn't stick with a date that she scheduled, I could no longer accept another reschedule from her because of the time it was taking away from my other clients. She replied with a CAPS LOCKED angry message saying she would rather pay $300 for a session than deal with my awful customer service. She continued to threaten me with awful remarks and told me that she will make sure my business has a bad name in everyone's mouth. As I finished reading her incredibly rude message, I sucked in a breath of air, and replied as sweetly as I could, "I am sorry you think you have had such a bad experience here at Little Wishes. If there is anything I can do to fix this, please let me know. Otherwise, I can refer you to a wedding photographer that would better suit your needs. Best of wishes on your big day." Shortly after I sent it, I received a message stating that she will be telling everyone she knows how awful Little Wishes Photography is. As mean as I wanted to be to her, I knew I had to stay professional for the sake of my business.


There was recently a huge outburst with a fellow photographer in Montana. My jaw dropped to the floor when I read about this. She had clients that inquired about a wedding. This photographer offered them a free engagement session to get to know them better, that included a free airbrush makeup session. They signed her contract and paid the $400 retainer. After she delivered the images via drop box, they shared them on Facebook. Then they contacted her and told her that they do not like the images so they will not be using her for the wedding. They fired her and demanded back half of the retainer. In her contract, that they signed, it states that it is nonrefundable but she told them that she understood and that she would return it when she had it. Weeks went by with continuous texts demanding the money back. Being one to stick with her word, she ensured that it would be returned to them. Finally, they called her threatening to humiliate her publicly if they did not receive the money back. She decided right then that she would not follow through with their request because of the way they had talked to her and because of the threat. Shortly after she thought she had seen the end of their rude threats, she received a call from her friend. A truck was parked for everyone in town to see. On it, they had written "Oh Snap! PhotogrAphy sucks!" among other things.


She was being humiliated in front of the entire town. She stayed professional, created a post explaining the situation, talked to a lawyer, and ended up gaining over 200 fans because of it.

You can read her story here:
https://www.facebook.com/photo.php?fbid=545360415501796&set=a.258002577570916.57702.104839086220600&type=1&theater


Like I said before, there is bullying everywhere. Just remember to remain professional, be polite, and KILL THEM WITH KINDNESS.
 

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