BAI photography wrote:
I booked a photoshoot with her n March, 2021 and she asked me to pay a deposit of 137.50$ and sign a contract that clearly indicates that her hourly rate is 150$. Yet in early May, she violated the condition of the contract by increasing her rate to 300$/h. When I requested cancellation of the photoshoot and a refund of the deposit, she said the contract did not require her to refund and stopped replying to my email.  What can I do?

Model also did not show up?

Maybe the payment method you used can be reversed, but that was quite some time ago. there is the option of small claims, there is the option of naming and shaming, there is the option of future consumer protection of working with models that do not require a deposit. The wording of the contract is also relevant, but the expected service should also be clear.

BAI photography wrote:
I booked a photoshoot with her n March, 2021 and she asked me to pay a deposit of 137.50$ and sign a contract that clearly indicates that her hourly rate is 150$. Yet in early May, she violated the condition of the contract by increasing her rate to 300$/h. When I requested cancellation of the photoshoot and a refund of the deposit, she said the contract did not require her to refund and stopped replying to my email.  What can I do?

While the law in your jurisdiction may be different, I'd be willing to bet that they're nearly identical to those in all of the US states and other modern countries.

Most people will say that it's a 'civil case' (basically an argument about money) however there is an element of criminality to it (ie: bait and switch, fraud).  When you present the issue to law enforcement agencies they too may try to brush you off and tell you that it's a civil case, but if you can cite some criminal statutes so that they realize you know it's an illegal act they'll probably give attention to the matter and actually do something about it.

It's very likely that the so called model pulled this shit on others, too.  If you can find other victims that even makes it more obvious that it's a criminal case of fraud.

Of course, it all depends on what the contract says, but in order for the fee to be changed after the fact it would have to have a clause stating that.

SayCheez! wrote:
"Most people will say that it's a 'civil case' (basically an argument about money) however there is an element of criminality to it (ie: bait and switch, fraud).  When you present the issue to law enforcement agencies they too may try to brush you off and tell you that it's a civil case, but if you can cite some criminal statutes so that they realize you know it's an illegal act they'll probably give attention to the matter and actually do something about it."

In the US you can cite mail or electronic fraud. Show them emails. This is a hard case to plead when you have an email record of your conversation.

BAI photography wrote:
she asked me to pay a deposit of 137.50$

I have never agreed to pay a deposit to any model. Most are willing to waive their request and a few have lost a job opportunity.

But just one worthless opinion.

Nor-Cal Photography wrote:
Most are willing to waive their request

"just for you, this one time"

John Jebbia  wrote:
I never paid a model a deposit until last summer. Burned. First time, last time. Luckily, she only took me for $100, but still.. Never again. I want to put her on blast, but that never ends well so live and learn.

Without putting anyone on blast would it be possible for you to elaborate on the scenario?

veypurr wrote:
Without putting anyone on blast would it be possible for you to elaborate on the scenario?

Give me a couple days to redact identifying information and I'll post the screenshots. Trust me, I've thought about putting her on blast, but that rarely ends well so I'm just chalking it up. Part of me feels like professional models should be aware of which "models" are out there making things harder for them though.

John Jebbia  wrote:
Part of me feels like professional models should be aware of which "models" are out there making things harder for them though.

To what end?

No agency model is not going to gaf, and the few actual working veterans on here that are reading this, are probably doing so only for (weak) entertainment value.

That contract was about as worthless as any gym membership contract.

Models get stiffed so often,  it's almost comical. And still, the sole responsibility lies with the person being stiffed, right?
RiGHT?!??

Green Wave Photo 312 wrote:
I’m reminded of wise words a photographer friend said to me when I was starting out… “Photographers don’t pay models, clients do.”

And when the Photographer is the Client, he often pays the model and the MUA and the studio fees if applicable. For lots of people, photography is a Hobby, not a business, and as such sometimes requires you to spend money.

When I was shooting lots, I could easily find Models to trade with, but when looking for a Model who knows how to pose, with a specific look, I sometimes had to pay the rest of the team to achieve my idea. No different for me than buying a lens that has the attributes I needed, or specific wardrobe.

I've paid deposits a few times and I've paid for flights sometimes and Hosted many models here, haven't been burned in over 15 years and made some lasting friendships.

Red Sky Photography wrote:

And when the Photographer is the Client, he often pays the model and the MUA and the studio fees if applicable. For lots of people, photography is a Hobby, not a business, and as such sometimes requires you to spend money.

When I was shooting lots, I could easily find Models to trade with, but when looking for a Model who knows how to pose, with a specific look, I sometimes had to pay the rest of the team to achieve my idea. No different for me than buying a lens that has the attributes I needed, or specific wardrobe.

I've paid deposits a few times and I've paid for flights sometimes and Hosted many models here, haven't been burned in over 15 years and made some lasting friendships.

Sounds like you've developed a keen ability to weed the flakes out. Whether sourcing for a job or test shoot or personal project, that is key.

BAI photography wrote:
I booked a photoshoot with her n March, 2021 and she asked me to pay a deposit of 137.50$ and sign a contract that clearly indicates that her hourly rate is 150$. Yet in early May, she violated the condition of the contract by increasing her rate to 300$/h. When I requested cancellation of the photoshoot and a refund of the deposit, she said the contract did not require her to refund and stopped replying to my email.  What can I do?

Simple.  You sue her for breach of contract.  Assuming you kept all your correspondence, you have plenty of evidence so your case is airtight.

All states in Australia have a Small Claims Tribunal:
https://www.accc.gov.au/contact-us/othe … -tribunals

Or you eat the loss and treat this as cheap learning experience and life lesson.

Unless it is someone I know, personally or through a friend, I *never* pay a deposit.  99.9% of the time it is a cash and dash scam, and I have zero tolerance for scammers.  Asking for a deposit is a giant blinking red flag.

Red Sky Photography wrote:

And when the Photographer is the Client, he often pays the model and the MUA and the studio fees if applicable.

Exactly.  Photography is not how I make my living. 

My time is valuable, and it's actually more cost-effective for me to pay a model and call it done, once I factor in the value of my free time.  If I do trade, there's pressure for me to turn the images around quickly.  Fuck that.  I do editing on my schedule when I feel inspired.  Maybe I'll do edits the next day, maybe I won't get to it for a couple of months. 

I don't need that monkey hanging on my back.  I have enough deadlines to contend with at my day job, I don't need to create any more for myself.

Malleus Veritas wrote:
Exactly.  Photography is not how I make my living. 

My time is valuable, and it's actually more cost-effective for me to pay a model and call it done, once I factor in the value of my free time.  If I do trade, there's pressure for me to turn the images around quickly.  Fuck that.  I do editing on my schedule when I feel inspired.  Maybe I'll do edits the next day, maybe I won't get to it for a couple of months. 

I don't need that monkey hanging on my back.  I have enough deadlines to contend with at my day job, I don't need to create any more for myself.

This is my MO, too, for my nude photography. Same reasons too. A couple of times I've had models complain that I didn't give them images in a timely manner (a week or two) and I remind them our agreement was they were being paid for the modeling time, not the photos, and any photos I send to them is done as a gift and not as a right. Most models though, are super happy when they get 5-10 images when they weren't expecting any.

On deposits-even the high-profile models (above 300,000 followers on IG) I've paid to shoot have charged $150/hr. or less and have agreed to waive the deposit on my word that I will pay them the deposit if I cancel. It takes trust from both ends but sending money beforehand by any party...not wise.

Shot By Adam wrote:
Your first mistake was paying a non agency model any kind of deposit. Sorry dude, you got played. Lesson learned.

I second this.  In contrast to modeling agencies, there is little recourse when independent models flake.    My philosophy is to never invest anything in a shoot that I’ll be overly disappointed to lose if the model no shows.   That also includes studio rental or giving up something important for a shoot.

John Jebbia  wrote:
I never paid a model a deposit until last summer. Burned. First time, last time. Luckily, she only took me for $100, but still.. Never again. I want to put her on blast, but that never ends well so live and learn.

Oh darn!

This is terrible, (dirty, hustling, no good thief!) Did the model come with references, if so, likely the model is going down a path of no goodness.

Jen