I have a wedding photography business in Florida and sent a contract for service for a wedding in Texas. I was not able to make it to the wedding and asked someone else to perform the duties. The payment was sent directly to the other party. This party has failed to deliver the images and I have now received a letter from the bride and groom's attorney seeking retribution. The 2nd party hired does not respond to bride and groom, me , or other attorneys. Who is at fault here? Who does this fall on?
2 Answers from Attorneys
Without seeing the contract between you and the bride and groom or the one between you and the person you hired in Texas, it is very hard to say who the responsibility falls on. However, based on the facts you give, it looks like you are responsible since you had a contract with the bride and groom.
Based on the scant information you have provided, it appears that the couple who were getting married hired you to take their wedding photos and you agreed to do so. It appears that you then determined you could not attend the wedding and could not take the photos and you arranged for some other photographer to take the photos. That other photographer has, for some unknown reason, failed to deliver the photos to the couple. You also seem to be saying the couple paid the other photographer and not you. The question as to your legal responsibility cannot be definitively answered based on the little bit of information you have provided. The answer would appear to depend on whether the couple and the other photographer entered into a new agreement that took the place of, or canceled, the "contract" you may have entered into with the couple or whether you entered into a contract that remained in effect even though you, in essence, subcontracted the performance of your duties under the contract to the other photographer.
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