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Once Like a Spark PhotographyThis business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 1 complaint in the last 3 years.
- 0 complaints closed in the last 12 months.
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Initial Complaint
Date:03/06/2023
Type:Order IssuesStatus:UnansweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
**** was hired for our wedding 1. OLAS is in breach of contract in its failure to record the wedding ceremony in its entirety.2. OLAS is in breach of contract in its failure to provide a professionally recorded and edited reel of the speeches. 3. OLAS is in breach of contract in its failure to provide 8 consecutive hours of coverage of our wedding day. OLAS only recorded aprox. 9 min. of a 30 min. ceremony. As shown by the footage which will be provided, **** failed to record the wedding processional in its entirety- family, bridal party, and the bridal walk down the aisle with her father. The aprox. 1 to 2 second cuts of each of these walks is hash, choppy, and poorly edited. The music was not properly overlaid and you can tell. The contract clearly states entire wedding ceremony, which any reasonable person would believe this included processional, vows, and recessional. As evidenced by the emails we requested this to be fixed in December and it is now March with no results.**** failed to provide a professional recording of the wedding speeches. As stated in the contract we were entitled to video of the wedding speeches. As evidenced by the videos, **** failed to provide a professional recording of the best man speech. The videographer pans way from the best man halfway through the speech and records the crowd. The original video we were provided was edited to hide this fact. We pointed this out and received a completely unprofessional recording as a result. OLAS failed to provide 8 consecutive hours of coverage of our wedding. As evidenced by the emails provided, of the 8 hour day only 4 hours were recorded and of that 4 hours we have been unable to get an answer as to how much of the footage is usable. Attempts have been made since Dec to resolve this without success, including consultation with an attorney. After ************** reached out **** has refused to respond to inquires. This is a final attempt to resolve this issue without the need for litigation.Business Response
Date: 03/19/2023
BBB team: Thank you so much for the opportunity to provide more information regarding the complaint filed by *****************************. We're grateful for the opportunity, and are more than happy to provide additional documentation or information that *** be needed regarding this client. We'd like to address ********'s complaint item by item, but would also like to provide some information regarding our company: we are a very small family-owned business with only about 15 employees. Our clients are absolutely the center of our work, and have been for the **** years we've been in business. A filing with the BBB has been quite distressing to us, and we're very thankful to provide more information:
In her complaint, ******** mentions that we have been unresponsive or have refused to respond to inquiries. She states: Attempts have been made since Dec to resolve this without success, including consultation with an attorney. After ************** reached out **** has refused to respond to inquiries. This statement is unequivocally false. In each communication from ********, her husband ******, or her lawyer, we responded via email within a matter of days (typically within one business day), as is outlined below. Additionally, the last interaction was an email *from us*, to the client's attorney in January. We never received a response to this email - it went unanswered for multiple months until we checked back in after the BBB complaint was filed. As is mentioned above, customers are the heart of our business and we would never, ever not reply to a client. See details below with attached documentation:
- Client emailed December 5th, we responded December 6th and we followed up again on December 8th
- Client responded December 8th, we responded December 9th and we followed up again on December 12th
- Client responded Friday December 16th (after work hours), and we responded Monday, December 19th
- Client responded on December 27th, we responded on December 28th and we followed up again on December 30th and once again on January 4th
- Client's lawyer emailed us on January 4th, we responded on January 6th letting her know we would have a more in-depth response the next week
- We emailed the lawyer back on January 11th. This email went unanswered - we never received any additional response or communication back from the client or the lawyer for more than 2 months until we were made aware of the BBB complaint and we followed up again with the lawyer on March 14th
Our mutually-agreed upon contract clearly states that after receiving the final video/photo gallery, the client has two weeks to request additional footage. The contract reads "Specific additional requests for images and/or video from Client must be received by Contractor within two weeks of Image and/or Video publication to Client." The final video was presented to the client on November 11th. The client did not respond at all until December 5th (3 1/2 weeks later). Although her response was past the contractual time allotted for requests, we waived the contractual time and worked immediately to collaborate with her.
As you will read, many of their early communications to us were not at all regarding what is listed here in the complaint, but were about not receiving a dances reel. A dances reel was clearly not a part of their selected/contracted services or invoices, but unfortunately they have continued to post negatively and publicly about not receiving this product (which they did not purchase).
Photography, videography, and other creative arts are subjective art forms. We go to great lengths to communicate clearly to our clients that they are hiring us for our own creative judgment (creative control), just as is the case when hiring any creative professional. There are several places in which this is outlined clearly in the mutually agreed-upon contract with ********, during our sales calls, and during the planning process. Through the mutually agreed upon contract, ******** agreed to the following (language taken directly from contract signed by ********, and attached):
- The final video products received by Client will be digitally edited as a compilation of video clips and footage that Contractor determines best achieves Contractors specific look consistent with Contractors brand.
-It is understood that Contractor is granted full editorial, production and content control by the Client regarding all aspects of the photography and/or videography of the Clients event.
- All images and video are edited at Contractors discretion and delivered images and video will not include all images and video shot.
- Contractor reserves the creative right to edit and release only those images and video clips deemed professional in quality and within Contractors artistic and creative standards.
- Contractor will use reasonable effort to ensure Clients desired Services are produced in a style and manner consistent with Contractors current portfolios and Contractor will try to incorporate any reasonable suggestions made by Client. However, Client understands and agrees that:
- Each client and wedding is different with different tastes, budgets, and needs.
- Photography and videography services are often a subjective art and Contractor has a unique vision with an ever-evolving style and technique.
- Contractor will use artistic judgment when providing Services for Client, which *** not include strict adherence to Clients suggestions.
- Although Contractor will use reasonable efforts to incorporate Clients suggestions and desires when providing Client with the Services, Contractor will have final say regarding the aesthetic judgment and artistic quality of the Services. It is acknowledged that any lists submitted by the Client for specific photos or videos will be used for organizational purposes only and in no way represent the photography or videography that Contractor will be obligated to produce.
In her complaint, ******** states "1. OLAS is in breach of contract in its failure to record the wedding ceremony in its entirety." More detail from ******** states that "OLAS only recorded aprox. 9 min. of a 30 min. ceremony. As shown by the footage which will be provided, **** failed to record the wedding processional in its entirety- family, bridal party, and the bridal walk down the aisle with her father. The aprox. 1 to 2 second cuts of each of these walks is hash, choppy, and poorly edited. The music was not properly overlaid and you can tell. The contract clearly states entire wedding ceremony, which any reasonable person would believe this included processional, vows, and recessional." Our response is as follows:
- Although ******** states that her ceremony was 30 minutes, time stamp information from multiple cameras from multiple professionals align in confirming that the ceremony was ***** minutes long from processional (when the wedding ceremony begins) to recessional (when the wedding ceremony ends). This is a standard and typical duration for a wedding ceremony. Using time stamps from multiple cameras from our videographer, we are able to see the specific time stamp from when the processional began to when the recessional occurred. The total duration of the ceremony was ***** minutes long. To confirm, we also looked at the time stamps from totally separate cameras of the professional photographer that was present - the duration of time for the ceremony matches (***** minutes) in these time stamps as well. If needed, we are happy to provide documentation showing so.
- Of the ***** minute ceremony, our team produced a 9 minute 10 second continuous reel of the ceremony from start to finish, removing footage that was transitional, duplicitous, blurry, not in focus, or not aligned with our brand standards. As mentioned above our mutually agreed upon contract clearly states:
---It is understood that Contractor is granted full editorial, production and content control by the Client regarding all aspects of the photography and/or videography of the Clients event.
---All images and video are edited at Contractors discretion and delivered images and video will not include all images and video shot.
Contractor reserves the creative right to edit and release only those images and video clips deemed professional in quality and within Contractors artistic and creative standards.
---...Contractor will have final say regarding the aesthetic judgment and artistic quality of the Services.
In her complaint, ******** states "OLAS is in breach of contract in its failure to provide a professionally recorded and edited reel of the speeches." In more detail she says "As stated in the contract we were entitled to video of the wedding speeches. As evidenced by the videos, **** failed to provide a professional recording of the best man speech. The videographer pans way from the best man halfway through the speech and records the crowd. The original video we were provided was edited to hide this fact. We pointed this out and received a completely unprofessional recording as a result." Our response is as follows:
- All of the speeches given during ********'s reception were recorded in their entirety and edited into a reel as outlined in the contract. The first version of the speeches reel inadvertently ended shortly before the best man's speech was entirely complete. Upon realizing this, we re-edited and resent it within a matter of days.
- During one speech, the videographer (*****) pans to the guests to get video shots of their reactions and emotions, which is a very typical shot for videographers to capture (and one that most couples highly value). It is a very standard creative decision to capture footage of guests. This shot (the guests reactions to the speech) was for ~20 seconds of one four-minute speech.
- To reiterate, capturing guests reactions during speeches is a very standard (and typically valued) creative decision.
- Ultimately, our footage of the speeches and our edit of the speeches is right in line with our standard product under our creative control. Through our mutually agreed upon contract, ******** agreed:
--It is understood that Contractor is granted full editorial, production and content control by the Client regarding all aspects of the photography and/or videography of the Clients event.
--All images and video are edited at Contractors discretion...
--Photography and videography services are often a subjective art and Contractor has a unique vision with an ever-evolving style and technique.
--Contractor will use artistic judgment when providing Services for Client, which *** not include strict adherence to Clients suggestions.
--...Contractor will have final say regarding the aesthetic judgment and artistic quality of the Services.
In her complaint, ******** states "OLAS failed to provide 8 consecutive hours of coverage of our wedding. As evidenced by the emails provided, of the 8 hour day only 4 hours were recorded and of that 4 hours we have been unable to get an answer as to how much of the footage is usable." Our response is below.
- As was contracted, ******** absolutely received 8 hours of a videographer covering her wedding day. As was mutually decided, her photographer and her videographer were to cover her event from 2:30 PM - 10:30 PM - both the photographer and videographer provided service for these agreed-upon hours. Continuous hours indicates that the coverage hours cannot be split - they must be continuous hours in the day.
- During the coverage time, photographers and videographers are capturing important moments, details, etc. As is clearly outlined in the contract, photography shots are culled and edited down into a final curated gallery. For videography, the clips taken throughout the day are edited into reels based on what videos the client has chosen. Through our mutually agreed up contract, ******** agreed to the following Services and terms:
---Up to 8 consecutive hours of video coverage (if needed) with Videographer to result in: 5 minute (approximate) edited highlight reel; Full reel of ceremony; Full reel of toasts; Full reel of speeches; Personalized portal to view, share, download video reels; 2 - 3 licensed music tracks selected by Client from Contractors music library soundtrack (additional fees apply for Premium Songs)
---The final video products received by Client will be digitally edited as a compilation of video clips and footage that Contractor determines best achieves Contractors specific look consistent with Contractors brand.
- It is not a standard expectation or common assumption that each second of the full eight hours will be reflected and captured in either photo or video. The standard practice in both is that artists are capturing important shots and clips that they deem best reflect the day,that will result in the final edited product as contracted by the Client.
- In reviewing the timestamps of the videographer, we can clearly see that he was present and covering the event for the full 8 hours he was contracted for.
- There is never more than a 10-minute gap throughout the entire day between video clips, indicating that the important events as deemed by the videographer through the duration of the day were captured through video.
- We have shot thousands of weddings over the past 14 years, and we have very very rarely (if ever) had clients assume that coverage hours with their photographer/videographer equate to actual footage time. This is not at all a standard understanding across the industry or of our own clients. The total culmination of footage time of the clips taken throughout Ashleighs wedding day throughout the 8 hours of coverage time is very standard of weddings we shoot.
- *****, the videographer for ********'s event, is a very experienced professional with extensive experience. He has shot over 40 weddings with our team alone. In previous email correspondence, the clients indicated they really enjoyed *****. In reference to not receiving the dances reel (which they had not purchased), they said : "We are disappointed with this, which is very unfortunate because we couldn't have been happier with **** and ***** the day of the wedding. They were so great to work with and went above and beyond for us."
Lastly, because we are a company that centers our clients and their experiences, we made a good faith offer to ******** earlier this week. Although we are confident in the product that was delivered to her and believe we acted in a manner above and beyond our contractual obligation, we also very much value our clients and their feelings. As such, we offered to ******** to give her all of the RAW footage at no additional cost (normally a $250 value) and to provide a $500 refund as a good faith offer in exchange for removing the BBB complaint and agreeing not to disparage us online. ******** turned DOWN this offer, because she would like a full refund plus other remedies, although we have clearly met our contractual obligation.
Again, we are so thankful for this opportunity and are glad to provide any additional information or documentation.Customer Answer
Date: 03/27/2023
Complaint: 19443227
I am rejecting this response because: The response does not offer a satisfactory amount in which I will be made whole considering the work I will need to invest in terms ofHere is what I am willing to accept in order to reach a resolution to this matter and an outline of how I came to this figure.
I will accept $1,365.00 and the entire unaltered raw footage provided free of charge.
According to the national average a videographer earns at the 90% of the industry $50.00 an hour. I am willing to use this number for terms of settlement without requesting proof of ****'s actual hourly rate. **** completed 4 hours of work for the day producing only 4 hours of footage which to this day is unknown how much of said footage is usable or unusable. This is despite multiple attempts to receive a straight answer on this subject. so in total **** earned $200.00 for the day.
Of the three "reels" which were produced two are absolutely unprofessional and do not comport with the terms of the contract. By no stretch of the imagination would any reasonable person agree that the "full ceremony" does not include the entire processional, including family entrance, bridal party processional, the entire walk down the aisle with the Father of the Bride. The video of the Best Man speech is sloppy and pans away from him while he is delivering his punchline. The worst part is in the initial video we were provided this was purposefully covered up by the editing staff, which would be considered an admission of the mistake made in this recording.
By my calculations, I spent $2,247.50 for the service. Subtract $200.00 for the cost to **** for the day and we are left with $2,047.50.
$2,047.50 divided by 3 videos is $682.50 per video. I am dissatisfied with two of the 3 videos and therefore seek a refund on same.
Included is the link to my wedding videos so you can view for yourself why I am completely dissatisfied with this service.
*********************************
Sincerely,
*****************************Business Response
Date: 04/04/2023
Hi BBB team,
Thanks again for your communication - our intention absolutely remains the same to reach resolution with ********. Although we still remain proud of the work we delivered, we also maintain a commitment to resolution and moving forward. We very much value ********, as we do all of our clients. Much of the response we received was based on assumptions that are simply not true, so we are thankful for the opportunity to clarify as we move towards resolution together.
Although we did meet our contractual obligations, ******** stated in her response that she would like to be refunded, and arrived at a refund amount using her own research that indicated an average national hourly rate for videographers. Like most businesses, our contract with ******** (and all our customers) is not at all based on what we pay our team members, but is instead based on the mutually agreed-upon value of the contracted services. Although our pay rates are irrelevant to our agreement with customers (and we do not typically share pay rates of our team members), we can confirm that our videographers are paid a minimum of double the hourly rate that ******** listed for all of their service hours, totaling costs that are quadruple the cost that was assumed. It appears that her research may be based on sites like ZipRecruiter and may be for organizational or corporate videographers - very different than the wedding industry.
Additionally, ******** again made references to the total duration of RAW video footage, rather than the contracted hours of videography and final produced product she agreed upon and purchased. She stated she was willing to use this number. (her assumptions regarding hourly rate) .for terms of settlement without requesting proof of ****'s actual hourly rate. **** completed 4 hours of work for the day producing only 4 hours of footage which to this day is unknown how much of said footage is usable or unusable.
As a reiteration of our previous response, customers agree to contract for hours of photography and/or videography coverage hours - these are hours that the professional photographer/videographer is servicing the event. During this time, our videographers and photographers are using their professional judgment on taking photos and/or videos to result in the final products that ******** had contracted for. The total duration of the RAW footage that was taken to result in the final contracted product is very typical for an 8-hour event, and also irrelevant.
The statement that **** only completed 4 hours of work is unequivocally false. ********* agreed upon hours of service were from 2:30 - 10:30 PM. After arriving and setting up, ****** camera indicates he began shooting at 2:46 PM and the last footage was taken at 10:54 PM - over 8 hours of time in which ***** was servicing the event. As was outlined in our previous response, there was never more than approximately 10 minutes between each clip, indicating that ***** was shooting what he deemed to be important shots for the final product throughout the duration of the contracted 8 hours. Videography requires an immense amount of work, even in the moments the camera is not rolling - scouting and testing filming locations, moving equipment continuously, testing lights and angles, communicating with other team members and vendors, reviewing timelines and footage, etc. To use only the culmination of the captured clips as an indication of work is a faulty assumption.
Also to reiterate, the hours of footage that you are referencing is the consolidation of clips a taken over the contracted 8 hours of coverage. We work very hard to be clear in our contracts and communication so that each party understands what is mutually expected and agreed upon. We make it very clear in our agreement that any photography taken during the day is culled and edited into a final curated gallery. For videography, clips taken throughout the day are taken with the goal to be edited into final videos/reels based on the specific final products the client has chosen. This is the standard process in wedding photography and videography.
******** contracted us for:
Up to 8 consecutive hours of video coverage (if needed) with Videographer to result in: 5 minute (approximate) edited highlight reel; Full reel of ceremony; Full reel of toasts; Full reel of speeches; Personalized portal to view, share, download video reels; 2 - 3 licensed music tracks selected by Client from Contractors music library soundtrack (additional fees apply for Premium Songs)As another reminder, in an effort to be as absolutely as clear as possible, the contract that ******** signed says that
The final video products received by Client will be digitally edited as a compilation of video clips and footage that Contractor determines best achieves Contractors specific look consistent with Contractors brand.As a team, we have attempted with good faith to explain that the way in which Ashleighs event was captured is standard in the wedding industry, standard across our company, standard for *****, standard for our clients and is what is outlined clearly in our contract.
********* response also indicates that she feels that two of the reels are unprofessional, and notes that she would have expected to see more of the processional in her ceremony reel.
When ******** emailed us and stated that she wanted to see more of the processional in her ceremony reel, we began working on this adding additional footage very quickly and let her know as such. However, we received a communication from ********* lawyer in January with additional specific requests. We paused on our ceremony video editing efforts based on the lawyers request that we work directly with her. Receiving this request was very surprising to us, as we actively felt that we were working with ******** to move forward to resolution together. After communicating with her lawyer as requested, we received no response at all for more than 2 months. If ******** would like us to continue adding this footage in, we are more than willing to, just as we were in January.
********* response also mentions again that she feels that is was unprofessional to pan away from the groomsmen giving his speech, and stated that ...the initial video we were provided this was purposefully covered up by the editing staff, which would be considered an admission of the mistake made in this recording. Saying that there was an admission of an intentional mistake is not at all true.
As mentioned in our previous response - During one speech, the videographer (*****) pans to the guests to get video shots of their reactions and emotions, which is a very typical shot for videographers to capture (and one that most couples highly value). It is a very standard creative decision to capture footage of guests. This shot (the guests reactions to the speech) was for ~20 seconds of one four-minute speech. We can show hundreds of examples of other speech reels in which the guests reactions are captured for a short time during the speech.In the initial speeches video, the best man speech was inadvertently cut short. Our team was made aware of this by ******** and immediately worked to make this right. We would never intentionally leave off a portion of the speech, once we were made aware, fixed it immediately. There was in no way an intent to purposefully cover up the creative decision to pan away during the best mans speech. This was again a creative decision made in the moment by the videographer to capture the guests reaction.
Ultimately, our footage of the speeches and our edit of the speeches is right in line with our standard product under our creative control. Through our mutually agreed upon contract, ******** agreed:
It is understood that Contractor is granted full editorial, production, and content control by the Client regarding all aspects of the photography and/or videography of the Clients event.
All images and video are edited at Contractors discretion...
Photography and videography services are often a subjective art and Contractor has a unique vision with an ever-evolving style and technique.
Contractor will use artistic judgment when providing Services for Client, which may not include strict adherence to Clients suggestions.
...Contractor will have final say regarding the aesthetic judgment and artistic quality of the Services.
We absolutely want to do all that we can for an unhappy client - as we mentioned previously, our clients have been the heartbeat of our business for 14 years. That being said, we are also a small business - refunding a large amount has a significant impact on our small business when we have fulfilled our mutual agreement and are proud to share the final videos. However, as a team, we remain committed to finding resolution, and are willing to meet you halfway. As such, we are willing to provide the raw footage and a $682.50 refund - its important to us to find collaboration in this process. Lastly, we would simply require that ******** refrain from disparaging us through any medium, including but not limited to online reviews, social media posts, or otherwise.Customer Answer
Date: 04/09/2023
Complaint: 19443227
I am rejecting this response because: The offer of settlement does not place me in a position of being made whole and additionally demands I give up my right to review the company.At this point I am willing to accept one of two options below as settlement. If these options are not acceptable it is my intent to move forward with the *************************** as it is my understanding based on my conversations with the BBB that a formal complaint with the ************************** is the next step in the process.
Option 1:
I will accept the $682.50 refund.
I will receive the entire raw footage free of charge. This means I will be provided every second that camera was rolling whether or not the footage is usable. The footage will be unaltered in any way shape or form.
My right to review the company will remain intact. The company has failed to provide me with sufficient payment for damages warranting a gag order.
Option 2:
I will receive a full refund in the amount of $2,247.50. At which time I will remove all posts and refrain from future posts. In essence OLAS will have paid damages sufficient for a gag order. Please note anything less than a full refund will be rejected outright in terms of blocking my ability to post reviews.
I will receive the entire raw footage free of charge. This means I will be provided every second that camera was rolling whether or not the footage is usable. the footage will be unaltered in any way shape or form.
Sincerely,
*****************************
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