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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
Contract Breaches
Macy Morehart
BUSI 600: Business Research Methods
Professor Bartholomew
December 5th, 2022
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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
A thorough action plan is presented in this proposal with the intention of understanding
how to deal with a breach of contract. Going through a contract breach in an ethical and legal
manner will help a business grow and assist the owner to comprehend the significance of a
contract. Photography contracts are frequently neglected, leaving room for them to be broken or
misunderstood.
Running a photography business should be similar to running any other type of
enterprise. Due to a lack of knowledge on how to address a contract breach, violations should not
be avoided or ignored. As their services are seen as a luxury item and not as vital as other
services, photographers are frequently taken advantage of. Since their work may be damaged,
their abilities might be harmed, and their income might suffer due to a contract breach, this might
put photographers in a dilemma.
Photography services are presented as a high-end product, but many photographers are
routinely abused through contract breaches. Contracts are a big part of a photographer’s work
force as it secures their property and talents, as well as confirms the wishes and desires of clients
before them. Contracts between clients and wedding photographers are rather prevalent. In many
circumstances, customers will unknowingly violate the contract, leaving the photographer with
an issue that will require extra consultations to rectify. Photographers are frequently confronted
with the dilemma of whether it is morally and legally permissible to continue working with
clients who break a contract, whether the breach happened intentionally or unintentionally. When
a photographer is faced with a contract violation, it is tough to know how to go with the clients,
just as it is in any other business. What should a photographer do when a contract is breached? It
might feel like the photographer has to determine the primary problems and remedies around
contract violations and then focus on how to create an atmosphere where this will not happen
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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
with other customers in the future. Overall, “A contract exists to protect both parties” (Breach
of Contract – Learn with Kirstie Marie Photography, 2022, para. 4). Understanding this can
assist clients and experts in their field feel more secure in knowing that their wishes and efforts
are being safeguarded. Photographers are frequently unclear of the measures that must be
followed to repair a damaged contract, but it is a necessary step.
Wedding photographers, and photographers in general, are considered high-end services.
This is due to the fact that it is a want rather than a need. Because photographers are contracted
to execute a specific task for their clients, they are held to a high standard. The significance of
contracts and contract law is that contracts in business allow better visibility to meet the duties
and achieve the objectives as agreed upon. It is a big help in developing a good rapport with the
customer or the desired party (Abdin, 2019, para. 1). The drafting, negotiation, and signing of
company contracts are regular tasks for everyone who owns a business or works for a company.
There are provisions in a contract that provide protection for both parties as well as desires that
will be fulfilled for the assigned duty. This protects parties for both short-term and long-term
agreements. Providing legal contracts in an exchange is important because "contracts are
necessary to govern foreseeable and specific aspects of the exchange and are widely observed.
They directly impact business performance. Considerations on financial returns, net of
contracted expenses, drive practical transactions at the highest levels (Roxenhall & Ghauri, 2004,
p. 513). As contracts set out expectations and wishes for both parties, it is necessary because "the
two sides to the business exchange are not always on the same page, and mismatched
expectations or approaches cause legal problems, often of major import" (Roxenhall & Ghauri,
2004, p. 514). Contracts are used to agree on services performed in order to avoid
misunderstandings.
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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
Many companies in the photography industry use contracts to safeguard the reputation
they have worked so hard to establish. Contracts are essential in the wedding business for
clarifying the couples' expectations and the photographer's responsibilities. There are several
distinct provisions that cover a wide range of information in contracts relating to weddings.
These terms encompass a variety of topics, such as the number of images delivered to the couple,
the editing of the photos, working in the event's atmosphere, services necessary for the
photographer's employment, late payments, and more. In some cases, clients will unknowingly
be in breach of their contract. The most prevalent violation of contract between customers and
wedding photographers is the client's subsequent modification of images after they have been
received. Clients are frequently ignorant of this notion, even though it is specified in the original
contract, because they consider it a minor change that would cause no harm to anybody. This can
lead to additional issues because it is a misleading depiction of the photographers' talents and
work that is being presented on social media. This is significant since, in today's environment,
social media sources are the primary source of marketing for photographers. Other potential
customers are not seeing the genuine talent and work of that photographer if they view the
photographs that clients share that are a misrepresentation of the photographer's work. If
customers make reservations based on viewing altered photographs of another client, this may
lead to unrealistic expectations for future sessions. Using social media to promote services is
useful, but "social media is a tool that requires a clear strategy to not confuse prospective clients.
This is important because a confused client always says no" (Team, 2022). Other clients may get
confused, and there may be misunderstandings on both sides if a client posts images that are not
entirely the photographer's own. In the instance that this were to take place, the first step would
be to contact the client who is in breach. As this is an often-found breach in photography
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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
contracts, it is also one of the easiest to fix. Kirstie Marie, a wedding photographer shares that
when it comes to clients posting photos that are further edited by them, even when it breach of
contract, "No one likes the feeling of being in trouble, and I never want someone to associate me
and my brand with bad feelings" and continues the conversation between the client by advising
your clients that any requests like this should be made to the photographer (Breach of Contract –
Learn With Kirstie Marie Photography, 2022, para .4). A simple dialogue between the client and
the business can resolve the breach of contract, but if more measures are required, a strategy
should be established to carry them out.
Photographers are often misguided when it comes to handling a breach of contract, which
can hurt their business in the long run. Knowing what to do initially in order to address the
problem is crucial. Often times when a contract is in breach, the issue can be pushed to court
sooner than it should be, “However, many situations can be salvaged without expensive litigation.
The process of pursuing legal action is a lengthy and often costly endeavor, and it’s frequently
unnecessary. Many breaches of contract can be quickly cured with alternative methods of dispute
resolution (or ADR for short), making a “win-at-all-costs” approach harmful if it’s not strictly
needed” (Herpy, 202, para. 2). Although not in every situation, Contractual breaches are
frequently the consequence of an honest mistake, such as a misunderstanding of the requirements
or mitigating circumstances. There may be a legitimate need to alter the contract conditions to
ensure that it stays beneficial for both parties. In fact, it is advised that contracts be reviewed on a
regular basis. After all, as your company expands, its demands and capacities may shift,
necessitating an occasional modification. In fact, “Many contract disputes can be resolved by
simply talking things out. As long as both parties have the intention of preserving the relationship
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WHAT TO DO WHEN YOUR CONTRACT IS BREACHED
and seeing that both benefit, an honest discussion about how to move forward can have profitable
results” (Herpy, 2021, para. 5). If neither of these are working to allow both parties to abide to
the contract agreed upon, alternative methods of dispute resolution otherwise known as ADR,
may need to take place. This includes mediation or arbitration. Ultimately, if you have just
entered into a contract and fulfilled every needed act, then you have the right to assume the same
of the other side (Firm, 2020) and if nothing is getting done through ADR a lawsuit's viability
will need to be decided. This needs to be done sooner than later because after a period of time,
court systems will not see the problem as too much time has passed since the incident.
The breach of a contract, “will almost always be feelings of frustration and
inconvenience” (Juro knowledge team, 2022). Photographers, because they run their own
business, must decide how far to take a violation of contract. They have the final word on whether
the matter should be taken to court or handled between the client and themselves. Often times
photographers may draw back on adopting lengthy steps as they do not want to further endanger
their reputation and if the expenses are outweighing the rewards.
It is crucial to know what to do in the event of a breach in the photography industry since,
if handled improperly, the problem may be expensive to resolve. Photographers can profit from
knowing how to manage this issue appropriately by developing a better grasp of how to handle
similar circumstances in future contracts. As the situation is handled professionally, this might
also enable for relationships that have been hampered to blossom in a healthier way. As a
photographer, it is your responsibility to provide excellent customer service, capture as many
images of the couple's most memorable day as possible, and fulfill the contract. When contract
breaches occur, it makes it harder to complete the tasks before them and contracted for them.
