2023-07-16 09:00:00
Posted at 5:00 a.m.
Isabelle Dubé The Press
“I can’t believe that I, who am so organized, so informed and who work in the legal community, have been taken in,” says Julie St-Pierre, who still has a heavy heart as she recounts the day of her wedding where the photographer with whom she had signed a contract did not show up.
For Julie St-Pierre and her husband, the wedding photos were the most important part of the event. They had spent several hours of research before signing the contract, more than a year before the wedding date, with Joshua Prince. A talented photographer, recognized with an incredible portfolio, who had a special touch in his post-processing of photos and knew how to capture the emotion of the moment, according to Ms. St-Pierre.
The memories of the wedding will stay in our heads, but that day passes so quickly that the photos are the imprint of the day. The emotion of the moment will never return.
Julie St-Pierre
Julie St-Pierre was having her make-up done when photographer Joshua Prince wrote to her on Facebook that he mightn’t be there because his father was dying. “It was a disaster, I started crying and I mightn’t stop crying. I was in a state of panic, I spent part of the wedding day crying. »
Joshua Prince sends a replacement without a vehicle to follow the bride and groom during the day, which does not live up to the couple’s expectations. Seeing that this new photographer seems to have difficulty using his camera, Ms. St-Pierre calls another photographer urgently.
“When I took the call, the lady was in tears, in shock. I was already photographing another wedding, so I mightn’t replace the photographer without experience,” says wedding photographer Nathalie Madore.
“A wedding is the most important event in a couple’s life. You can’t ruin this for them. Blurred photos cannot be recovered”, maintains the photographer who, with the insistence of Ms. St-Pierre with Joshua Prince, managed to obtain the photographer’s files to try to improve the final rendering.
“It’s just pictures, but I still have it in my heart,” says Julie St-Pierre. It’s as if all the good times of the day no longer existed because of this event. For weeks it was taking over my entire wedding day. »
“My father is not dead and does not live here,” says Joshua Prince on the phone, who admits having signed three marriage contracts on the same day as that of Ms. St-Pierre. He explains to The Press that he is not good at organizing and that he should have made it clearer in his contracts that another member of his team might take the photos for him.
“It’s a clumsiness on my part, because people expect it to be me,” he admits.
Photos taken, but not returned
“I had blind faith in this photographer and I was taken in at such an important moment in our lives,” says Marie-Claire Simard.
This time, Joshua Prince took the photos and a contractor filmed. Both contracts specified delivery 30 days following the wedding, unlimited photos and two types of video. The wedding took place in October. In March, Marie-Claire Simard had not yet received all the content provided for in the contract.
The bride is worried, as she tries to reach the photographer by different means and struggles to receive a response. When she finally manages to hear from him, Mrs. Simard learns that Joshua’s father is dead, that he has problems with his hard drive and that he can no longer find a memory card with the wedding photos.
My wedding meant a lot to us, and it held all of our memories.
Marie Claire Simard
The copy of the contract for the video she signed is at a link online, and the URL page no longer exists.
The two brides failed to find an arrangement with the photographer. Ms. Simard went to small claims where she was successful. However, the first judgment was under the name of Joshua Prince, his artist name. She therefore had to redo the procedures with the real name of the photographer, Jean-Pierre Saintune. However, when the bailiff came to the home to seize the amount entered in the court judgment, Joshua Prince/Jean-Pierre Saintune had no property to seize.
On the phone, Joshua Prince says he took this artist name “without thinking regarding the claims issues”. “It’s not a ruse to hide me. It’s more of a label, a signature for social media,” he explains.
Joshua Prince does not want to reimburse brides, even with the judgment in court, because he considers that part of the contract has been rendered and that the requests for reimbursement are unreasonable even if the court has ruled otherwise.
“In an event that is like that the same day, there is nothing that can replace that. But at the same time, my job, I did it, I did it the best I might.
“It’s a little hard to say, I’m disappointed, that’s how I feel regarding my wedding day, but it doesn’t change anything regarding the fact that I was present and I does the job.
That’s what I don’t like regarding weddings, it’s upset, upset people, because when you don’t meet their expectations, people want a full refund.
Jean-Pierre Saintune alias Joshua Prince, photographer
Readers contacted The Press because the photographer made an announcement on social media implying that he wanted to become a wedding photographer once more when he is now a real estate photographer.
Joshua Prince wants to be reassuring saying that he doesn’t plan to come back as a wedding photographer, but if he does come back, and “I don’t open a door at all, but it won’t be like the same person, then the same way I did, because clearly I messed up somewhere if we’re talking right now. »
To avoid unpleasant surprises
How do you go regarding signing service contracts well in advance with different types of businesses and professionals? Here is the advice of Charles Tanguay, spokesperson for the Consumer Protection Office (OPC), and Reza Moradinejad, associate professor at the Faculty of Law of Laval University.
According to OPC’s Charles Tanguay, brides and grooms or consumers who book services months in advance with large down payments should be aware that the law requires the merchant to transfer the money into trust.
“Consumers shopping for various services for a wedding should find out from the merchant who collects a deposit whether he will deposit the amount in a trust account, as prescribed by law,” he advises.
It is also necessary to agree on all the details in a written contract, recalls Charles Tanguay, to give the smallest amount of deposit possible and to pay the totality of the invoice only following having received the promised service.
Ideally, the deposit should be paid by credit card, which provides additional protection should the service never be rendered.
Charles Tanguay, spokesperson for the Consumer Protection Office (OPC)
When you meet the service provider in person and get ready to sign the contract, you ask for identity verification, advises Reza Moradinejad, associate professor at the Faculty of Law of Laval University. . “If the person presents their ID card and it does not match the name under which they work, the question is to know, should we risk or are we going to ask to identify themselves correctly in the contract with a name that corresponds to their civil identification?
“Unless the person has already completed the procedures with the Business Registry to be known as a business operator under his assumed name,” says Reza Moradinejad.
When, on the contract, the service provider uses an artist’s name that is not the one registered with the Registrar of Civil Status, “it’s an additional challenge, given to the court, but I don’t think make it an insurmountable challenge,” says the law professor.
In the case of Joshua Prince, for example, we know the person who signed up and who uses this artist name on a regular basis. “So when he signed the contract with his artist name, it was a mark that creates a link between his real person and his contract. However, when you want to run a business with an assumed name, you have to register, warns the law professor.
Can the photographer or service provider be replaced at a moment’s notice? In the case of a wedding photographer, if we have really identified the photographer by looking at his work, his albums, his portfolio, we are in the presence of a contract personal, that is to say a contract concluded in consideration of the personal quality of a contracting party. It would therefore be difficult, if not impossible, for the photographer to be replaced and send another person, ”explains the law professor.
PHOTO DANY VACHON, PROVIDED BY LAVAL UNIVERSITY
Reza Moradinejad, associate professor at the Faculty of Law of Laval University
Unless it is written and provided for in the contract that the person can perform his service himself or send another person. Otherwise, sending another person cannot be considered as a proper execution of his obligations.
Reza Moradinejad, associate professor at the Faculty of Law of Laval University
The law professor recalls, however, that, legally, we can have a very well-crafted contract with specific and detailed details, but on D-Day, if the person does not perform his obligation, we cannot force him to do so.
“We lost this event, but there will be remedies that will in some way repair the damage suffered. But it’s just in monetary terms, it’s not in kind,” he concludes.
Eight things to consider
1. Ask your friends for advice and check online reviews before choosing your service provider.
2. Check the name in the Business Register and on the “Find out regarding a merchant” page of the OPC’s website.
3. Just before signing the contract, if it is not a recognized company, ask for identification.
4. Make sure that the contract is well detailed, because if the execution of the contract is not complete, you can seek damages in progress.
5. If the service provider is not respecting the contract, try to come to an agreement with them.
6. If a deal isn’t possible, try charging back to your credit card.
7. If an agreement is impossible and the chargeback too, you can go to small claims.
8. If you win in court, the person may not reimburse you or have no seizable property to compensate you.
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