ComplaintsforMcKayla Lentsch Copy Bean Co aka Creative Studio Branded Space

• Initial Complaint

  10/31/2022

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  M****** ******* entered into and signed a contract for photography services with me last October 6, 2022 under the business name Creative Studios Branded Space. I paid a non refundable (per contract) a $500 deposit through Paypal and she gave a receipt under the business Copy Bean and Co. She breached contract with failure to perform and deliver, per contract set dates, quality photos similar to the sample photos. She failed to deliver the first set of edited and retouched photos for the October 24 set date. She gave me unedited and unretouched photos. She told me it's her fault for misunderstanding the terms of the contract and that she would edit and retouch the photos and give them to me as soon as possible. I have a timeline with my web builders waiting for the photos to finish my website. I had to cancel the contract so i could try to hire a real photographer. I have verbally asked for my deposit since she breached contract. But to no avail. She is claiming to be a photographer but the photos she initially showed me were very much of a lower low quality compared to the sample photos she showed me. I could have just taken those photos myself. Then I found out that she is not even licensed to do business with those fictitious business names she used. That nullifies and voids the contract. It is unenforceable. I am entitled to get my money back and for her to give up the rights to the photos she had already taken (edited or otherwise) of my products. Thank you so much for your help.

  Business response

  11/02/2022

  Ms. L***** signed a non-refundable agreement and paid $500 deposit for the photos that were taken and retouched.  Over 200 photos were delivered to Ms. L*****.  If she has any additional concerns, please have her contact me directly.

  Customer response

  11/02/2022

  I am rejecting this response because:
  I have talked to Ms. L****** several times via text and even in person once. She keeps insisting it is a "non-refundable" deposit and even if she breached the contract she is entitled to keep it. I have the correspondence/text messages from her showing she is in breach of contract.
  
  Per the contract:
  Client requests 1 photo per product to be edited and retouched and sent to client for website before final deliverables are are sent.
  The start date of the project is 6th October 2022 
  estimated delivery date for round 1 (1 photo per product) 10/24/2022
  estimated delivery date round 2 (1 photo per product) 11/01/2022
  The estimated target completion date is 30th November 2022.
  
  Ms. L****** texts on October 25:
  1. Her: I also need to stress the photos you have are not fully edited and retouched. That's why I normally don't provide photos early to clients. However you said you needed them for website fillers I was unaware you would be showing them to many people as I've mentioned they are not even close to fully edited so it's not a good representation of that they will look like in final post.
  
  2. Her: I understand. But as I've said during upload and transfer it's common for some photos to lose quality and clarity, this is why I am giving all final photos via usb so that doesn't happen. The photos I gave you now were uploaded through Google drive so they won't be as great of quality as they will on usb and from my end. Please disregard the quality for that reason, the only thing I am concerned about is composition. Hand positioning, styling. 
  
  Me:Then give me a USB of the 1 pic per product as agreed fully edited so my web builders can use them. 
  
  Her: I don't have them fully edited quite yet. Once I do I will certainly do that. 
  
  3. Her: It is a very delicate editing process. With the amount of products you have and that I have shot it will take me awhile to get all of them to this stage. As I also have 4 other client projects going on but I have been putting yours first to meet your tight timelines the best that I can without rushing the process and providing poor quality work. I misunderstood our agreement for the 1 photo per product. I thought I had explained better that the first round of photos wouldn't be complete as I was under the impression from talking with you that your web builders just needed something to put in each skus place for now. That doesn't seem to be the case so I am focusing on complete editing and retouching of what I have to get it to you as soon as I can for your builders.
  
  4. Her: What I sent you was just to use as placeholders while I'm retouching. As per what we had talked about 
  
  Ms. L****** texts October 26:
  1. Me: May I also ask. The due date for the 1st batch of 1 pic per product,  edited and retouched photos was 10.24 and the 2nd batch on 11.01. Can you deliver all edited and retouched pics with client satisfaction and approval by the week of 11.01? 
  
  Her:  I was under the impression based off of our previous conversation before signing the contract that these two rounds were for edited photos only not retouched as I mentioned retouching takes much longer. I was going to be sending photos that were fully retouched and edited in intervals of 10 photos at a time to you before the final due date of November 30th. If I would have understood correctly that these two rounds were to be fully edited and retouched I would have never approved those deadlines. This is my fault and I sincerely apologize for the misunderstanding. To remedy this I am planning on putting in extra time to finish photographing and editing/retouching as much as I can in the days left until the next deadline.
  
  2. Her: I apologize for the misunderstanding and I was trying to mention, as the contract states I will send all photos taken to you to use. At my own time I will finish editing and retouching the photos I have taken  and if you choose to use them that is at your discretion. I tried to explain the clarity issues and asked for you to put together a list of concerns and reshoots of which I never received. I said that I would edit and retouch all images I had taken and get them to you as soon as possible to remedy the miscommunication however you did not respond to that solution. I offered to get you photos via usb as soon as possible and again you did not like that solution. I asked what you would like as a solution and you jumped to cancelation of the contract instead of trying to work with me to find a solution that would work. As the contract states the deposit is non refundable as it pays for models time and props. The contract also states that due to client cancellation client would be billed for all photos taken both edited and not however since this contract is being ended due to my misunderstanding of your interpretation of the contract contents I will not being charging you for this work. I will keep an eye out for written request of contract cancelation and send you the appropriate end of contract waiver. I wish you the best of luck and hope that your business has nothing but success. Please let me know when it ok to get you your products. 
  
  In her texts Ms.L****** clearly admitted she misunderstood the contract. The contract she drafted herself even said: By signing below, the parties agree they have read, understood, and will comply with the terms listed in this Contract. 
  
  She is clearly in breach of contract. I canceled because she couldn't deliver  per contract timeline. She kept carrying she's going to give me the 1 pic per product as soon as possible or as soon as she can. And on top of that she used 2 fictitious business names (per paypal receiptand contract letterhead) that are not licensed as her DBA. Again, both reasons nullifies and voids the whole contract. Deposit should be refunded and no one can use all the photos of my products for any reason and/ purpose.  
  
  I can provide the BBB a copy of the contract as well as screenshots of the text messages. 
  
  
  Regards,
  
  ***i L*****
  
  

  
  

  Business response

  11/03/2022

  I have done everything that I can to satisfy this clients misunderstanding of the contract that she signed. I have offered many fair and just mutual agreements to which she will not sign. The contract clearly states I myself accepted all responsibilities to that contract and no other persons or businesses aside from myself as photographer and the client are claimed as partied in the contract. These assumptions were made by the client following her early termination of the contract and the non refundable deposit she acknowledged as just that non refundable when she signed the contract and paid it. At this point the client is refusing to accept my offer to come to a mutual agreement and instead continues to defame my character along with two non working business names she dug up after our contract ended. Our contract is clear, however she is unwilling to accept that, despite the professionalism, courtesy and respect I have shown her to which I haven’t received in return. 

  Customer response

  11/03/2022

  
  
  I am rejecting this response because:

  I never received those over 200 photos she fraudulently claims I did. I can prove that in court. She breached contract. She admitted to that several times over her text messages and even apologized for it. She also fraudulently used those 2 unregistered fictitious business names The Copy Bean Co and Creative Studio Branded Space on her Paypal receipt and Contract letterhead she used. 

  
  
  
  
  
  
  
  
  

  
  

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