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Unhappy client wants refund
So here's the situation: Two nights ago I worked a small concert gig for a traveling band. The lead singer, my client, gave me specific instructions that he wanted ONLY the raw footage straight from the camera. I did my work, gave him the footage, he paid me, we parted ways. Then last night I get an e-mail from him saying he HATED the raw footage and wants his money back. I admit, I did make a few mistakes; the camera had a few shakey parts where I moved to a new spot and my camera only records 20 minutes of footage at a time, so some parts are cut off, and there are two minutes where the people right in front get up, completely blocking the musician. But I estimate that only 9 minutes of the 140 minute concert were filled with mistakes. Unfortunately, I can't look at the footage because the musicians computer stripped the card of the footage instead of copying it, leaving me with no way of checking the footage. I know that I only made a few mistakes here and there and the majority was good. But I need advice on how to handle the situation. This musician has the only copies of the footage on earth, and wants a refund because he thinks the raw files are crap and is to busy to edit out the 9 minutes of mistakes. What do I do? Feb 15 13 01:10 am Link Did you guys signed any contract or something? If not maybe you could try to negotiate a partial refund for the mistakes, just for professional courtesy. Or if this guy has a really bad attitude towards you tell him to f+ck off, you´re not refunding anything Just my point of view Feb 15 13 01:31 am Link I'd try to ascertain if he's just trying to get a freebie or if the concept he wanted the footage for wont come to fruition with what he thought he was going to get from you. If its the latter, you could offer to do a short reshoot to make him happy. Id hate to have any of my customers (there arent any - lol but in the future) unhappy. Im new, could be totally wrong so listen to the advice here from the pro's. I guess Im saying try to work with him both for integrity and for your reputation. But i wouldnt give back money. He had an obligation to tell you how important this footage was and what was to become of it. Good luck! Glad youre working! Laurie Feb 15 13 01:37 am Link I should mention that his band is no longer in Chicago, and the client just wants me to send the refund via paypal. Feb 15 13 01:41 am Link Give him his money back, and have him make you a copy of the video for yourself. Now you've learned. Never give a client the original and only copy, and never give the client the Raw footage right out of the camera at the end of the event. Most important, be sure and have a written contract to protect yourself. Feb 15 13 01:46 am Link Ruben Sanchez wrote: This! And be sure that you can do the job! Feb 15 13 02:02 am Link Edit the video Feb 15 13 02:29 am Link you probably can recover the deleted files using a rescue program. from there it is step two Feb 15 13 02:42 am Link Ecklipse wrote: This - if there's nothing in writing, you've done exactly what he asked you to do. Feb 15 13 02:51 am Link The whole point of someone hiring a person to video tape anything for them is because they believe that means there will be no mistakes. When a client pays me to shoot a campaign I don't make any mistakes. Sure we are all humans and we aren't perfect but thats why we practice so when the real clients come around we don't fuck up. I would recommend having a contract with someone next time you do something like this. As well as asking your client to send you over the video so you can edit it for free of charge and thats as far as you'll go. Good luck!, E Feb 15 13 03:56 am Link Let me blunt here. There are three ways of reading this. (1) You did not explain your limitations and your hardware limitations very well. It sounds like you using a DSLR which to me is good for short clips which makes for good B roll, but unless you had a separate audio recorder you are going to get so so audio. So I can see how this could be an issue. It also sounds like you tried to shoot handheld the whole time, that would be a mistake. (2) It is a bit of a shake done. You don't accidentally erase cards. That is a load of crap. I could read this as their way of getting something for nothing. (3) The truth lies in the middle. I suspect this is more likely. My feeling here your coverage should have been better, but lack of experience is showing here. They are trying to get a better deal. If they want total refund then they need to release the footage back to you, they get no rights to use the footage. If the they get a partial refund then you should at least the footage back. Good luck. Feb 15 13 04:11 am Link did they sign anything? did you get paid a lot? I'd tell em to F off Feb 15 13 04:12 am Link I would first recover files to verify the mistakes, and then ask the client for a written list of their concerns. There are some environments like a concert where expecting a long video free of blockage or audio problems is inevitable. On your end, you know your DSLR has a 20 minute max recording time and need to clarify to your client that there will not be an uninterupted 90 minute video of the gig. Multiple cameras are always used for concerts for this purpose. If you don't do a better job setting expectations, then you will get more requests for refunds. In this case I would only give a partial refund. -Scott Feb 15 13 04:24 am Link Ruben Sanchez wrote: + one million!! Feb 15 13 04:33 am Link The decision of giving a refund is entirely up to you. However, if you do decide to give it be sure they return the files along with a notorized statement that they will not, under any circumstances, use any the footage in any way, shape, or form. This will at least prevent them from getting a freebie from you. If they have no intention of ever using this footage then this should not be a problem for them. Feb 15 13 04:44 am Link Vampman Studios wrote: This musician has the only copies of the footage on earth, and wants a refund because he thinks the raw files are crap and is to busy to edit out the 9 minutes of mistakes. I agree with others who say this is likely a case of the customer trying to get the product for free. Feb 15 13 04:54 am Link Chain Reaction wrote: Yep. Feb 15 13 04:55 am Link Recover the footage from your cards. You gave the guy what he asked for, regardless of the mistakes. There's no way in the world you could get that length of footage and have it be perfectly clean, unless you just put a GoPro in the rafters. I'm all about making the customers happy, but if you give them what they want and they don't like it, that's sounds like their problem. If you want to be the bigger person, offer him half his money back if he returns the footage and signs an agreement not to use any of it ever with some serious financial penalties if he ever does. Like $10K. Maybe he'll rethink asking for his money back. EDIT: Next time: contract. Feb 15 13 05:00 am Link I am confused on a couple of points. Why did he want raw footage? According to you, he is too busy to edit. It would be impossible to shoot a concert of over 2 hours length without editing something. That's why it's called raw footage. It isn't finished. If he or you thought that there would be a usable item having done it this way, I can't decide which one of you was more unrealistic (not trying to sound mean, just pragmatic). Did he want raw footage thinking it would save him money? Now he sees how silly that thought was. And so do you. What I would do: request the footage back and do some editing. But before I even did that, I would ask him exactly what he expects out of this entire transaction. Then you can decide whether it's even worth it, or even possible. Final lesson: NEVER give away the original... Best of luck. Feb 15 13 05:04 am Link 1. because you already gave this guy footage, there's no guarantee that he won't use it if you do refund his money. 2. as others have stated...NEVER give out unedited/RAW stuff...unless there's a strict contract written and signed which explains/doesn't hold you accountable for missed shots/footage/mistakes...plus you get paid a BUNCH of money. 3. I'd personally partially refund his money if he were willing to sign an agreement never to use the footage (upon financial penalty) Feb 15 13 05:09 am Link Here is my problem with this thread. You are listing your mistakes from your perspective. None of that speaks to the quality of the video that you think is OK. Are you an experienced videographer, particularly a concert videographer or did you take your camera and just start shooting. Whenever you deal with creative arts there will be differences of opinion. I have concerns though. First, why did you give him your CF cards / SD cards? Why didn't you just burn DVD's on the spot? Giving him the RAW footage doesn't mean that you have to give him your memory cards. Why didn't you preview the video to him before you delivered the product? I am not here to slam you, but this doesn't sound like your best work or your best judgement. FYI, it isn't unusual for a client to want to edit their own video. That doesn't concern me. Now, you are stuck though. He already has it. Essentially he has the product and you have his money. He wiped your cards so you can never know what happens to your work. If you had previewed the video to him before he paid you, if he had not, at least you would be in possession of the footage and he would not have been. My advice is to compromise. Give him a partial refund and learn from your experience. Being a videographer is more than just picking up a camera and shooting. There are always mistakes. You never catch every minute of a concert from every angle. If you shoot single camera, you will miss things, people will stand up, the crowd will distract you, etc, etc, etc. A good concert shooter will know what to shoot, when to shoot and how to work around these things. What you also haven't told us is if he paid you $50 or $5,000. That makes a difference as well. Compromise and move on. The guy will never be happy so come to an accommodation you can both live with. Feb 15 13 05:43 am Link Orca Bay Images wrote: My suspicion as well. Feb 15 13 05:49 am Link Orca Bay Images wrote: MN camera wrote: I have no doubt. When something is free it is much more usable than when you pay for it. Feb 15 13 05:54 am Link Yeah, I would only try to work out a partial refund at most. You should have never agreed to just hand over the footage the way you did. Lesson Learned. Having said that he has the footage and your time was spent so getting $0 for that is just not acceptable (at least it wouldn't be for me.) Of course if it was less than $1k I wouldn't be willing to refund much if anything. Feb 15 13 06:39 am Link OK, here's my $ .02..... How did you find this Client? Referral? Craigslist Ad? How much did they pay you? Did they pay you cash? Check? Credit Card? PayPal? If they paid by Credit Card or Paypal, they'll just file a claim and the ruling will probably go in their favor. Check? Hope it clears. Cash? Always best. If they paid with cash, I'd just say no.. Erasing your card was no accident. A band does not need your entire shoot to put a video of themselves together. They can take bits and pieces, edit them and combine them with other videos they have. I'm betting that you're just one of several photographers who've Video'd this band as they travel. And, I would be that you're not the only one from whom they want a refund. IMO, they're scamming you. Feb 15 13 07:40 am Link Ed Woodson Photography wrote: Hmm, cynical me tends to agree. Feb 15 13 07:49 am Link Vampman Studios wrote: Learn from your experience... Feb 15 13 07:50 am Link If you still have the CF/SD card(s) that the video was shot on AND you have not used them, THEN you can easily recover the raw video. In Box me for details. Feb 15 13 07:53 am Link Vampman Studios wrote: Point to the written portion of the communique/contract/conversation/email/whatever where he SPECIFICALLY wanted the raw portion. Feb 15 13 07:58 am Link Here's yoru polite and professional reply: Sorry I do not give refunds on RAW work... You specificed the terms and I have met those terms. Good Day Feb 15 13 08:01 am Link GPS Studio Services wrote: The client paid me $120.00 I have shot orchestra concerts a few times, but they always had me edit the footage and give them the final product. This guy didn't want any edits done, just the raw files. Feb 15 13 08:15 am Link Contract Contract Contract! It should list specifically what you will do for them, for "X" amount of money, with terms of payment. That way there are no misunderstandings. If a client should come back and claim that they didn't get what they wanted, you simply refer to the contract that they had signed. Feb 15 13 08:16 am Link Vampman Studios wrote: he wanted raw files,, Feb 15 13 08:21 am Link David M Russell wrote: ?? no way in the world?? You can put a simple camcorder on a tripod & shoot firewire out. Either to a laptop or DVD burner. Let alone 60 minute tapes &/or cards nowadays. Pretty sure they even have 80 minute MiniDV tapes. Or you can shoot using a 60 minute tape & tell the artist and possibly ask he take a short, minute long break at the 50-55 minute mark for you to quickly change tapes, while they briefly chat with the audience a bit. Also, a simple tripod, let alone fluid head tripod let alone fluid head tripod with zoom controls on the handle can give you near immaculate control of the footage, coverage, withou zero "shakiness"?! Feb 15 13 08:23 am Link is his problem that he finds all of the footage unusable or just that he's too lazy to edit? if he's just lazy then offer to do the editing. if he finds all the footage unusable then you have a problem and sometimes it's best to give them their money back for goodwill and live to shoot another day. Feb 15 13 08:24 am Link Wait OP did you say $120.00? Not $1,200.00, but $120.00. And they took all your footage, wiped your card, and after leaving town, they NOW want a refund? Yeah no. But hey, I just style. Feb 15 13 08:30 am Link fullmetalphotographer wrote: You could offer to deposit a refund in a Nigerian bank account for the client. Feb 15 13 08:30 am Link Vampman Studios wrote: I'm all for keeping the customer happy, but the more details I hear about this the more I think I'd politely tell him to go fuck himself. You delivered exactly what he asked for. Our business is concluded. Feb 15 13 08:38 am Link Vampman Studios wrote: Is that all? Tell them to take a flying f*** at a rolling donut... Feb 15 13 08:39 am Link Shooting a concert is not an easy task, you need to have a game plan before you start and if shooting a video a DSLR is not the right piece of equipment. If shooting a video you need full access to the stage and so the idea of people blocking your view should be a non issue, but could be part of the production. I've been the photographer at a number of concerts and the guys doing the video were using video cameras with attachments so they could move up and down and move across the stage with no video shake. My recommendation is to give the money back. Feb 15 13 08:52 am Link |