Deleted Photos for Photographer

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Question

I am a photographer. We went for a photo shoot on 21/04/2021. After that, I sent the photos several times for selection on 25/04, 27/04, and 9/05. After half a year, she asked for the photos again on 11/11/21, but unfortunately, my hard drive broke, and they were deleted. We didn't have an agreement on how long the selection should take, but it took longer than other clients who usually choose within two months. I want to know what I should do: return the money — which is not equivalent to the missing photos or go for a new photo shoot (my rates have increased significantly since then) or what to do. From the client's side, she says she needed one photo to print a poster for her mother-in-law to give her strength to get out of bed in the morning (her son is terminally ill with ALS). She specifically wanted a photo with smiling children. The first time I received the photos in very low quality, without the possibility to see facial expressions. The second time the photos were with a watermark that did not allow seeing facial expressions. The third time everything was perfectly visible, and I could choose, but I didn't get to it (due to life's upheavals with a sick brother-in-law and everything that comes with it, a project without a deadline was postponed and postponed). I asked to receive separately a few selected photos, but she said everything had to be together (in hindsight, if I only had those photos, it would have completely satisfied me). It's a pity I heard about the loss of the photos only after we cut the three-year-old's hair; had I known, I probably would have invested more to preserve the beautiful hair.

Answer

Shalom and blessings 

There are many details in this matter, and it is impossible to discuss it without a thorough investigation of the case details and without accurately hearing the claims of both parties. It is advisable to approach a dayan together, who will hear all the necessary details and rule on this matter.

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