ExhibitPhoto wrote:
Now that I've been threatened with "blacklisting" by the model in question, whom I will have remain nameless for the moment, I'd love to hear some input from the general group.  Here's the story, from MY perspective and with some notes from hers:

I was contacted by and very much liked the work of a model nearly a year ago and wanted to work with her when she came through Oregon on her Spring tour -- shooting outdoor nudes.  I paid her a $200 deposit.  Shortly after, of course, COVID reared its ugly head and she cancelled the tour.  I told her to keep the deposit (figuring that any 20-something was unlikely to not have used it already on something like food) and we'd try to catch up somewhere in the future.

She finally rescheduled for Oregon in October, not the best weather window for outdoors.  My circumstances have also changed with Covid and I no longer have a studio environment so I suggested shooting some messy clay stuff  and "rustic bath" in my overgrown back yard, noting that we could then have hot water from the house and easy cleanup afterwards.  In all honesty, I had NOT read her EXTREMELY DETAILED website other than to admire the thing.  It's really good!  And it shows off her sense of humor quite nicely.  I was stoked!

A few days prior our shoot, she made sure to point out the section of the site explaining that she has incredibly severe allergies to gluten and things found in household cooking/environments.  I checked through it and immediately rethought what we were doing and was able to find a non-cooking AirBnB that was really interesting and talked with its owner, who stressed that they were on a really strict cleaning regimen.  I sent pictures to the model and outlined the new location prior to renting it and only did so after she responded with "excited to shoot"!

Thirty minutes prior the shoot, she sent me a note saying that due to her allergies she couldn't be inside at all and suggested that I tear down my setup, repack for outdoor shooting in the rainy darkness-quickly-falling evening and surely that would work out fine?  I was peeved.  Miffed, even.  I was not prepared to shoot outdoors and the night looked pretty crappy.  Heavy sigh.  I told her that this obviously was not going to work out in the moment, wished her well and suggested she keep the deposit simply because she's on the road and this was clearly some kind of miscommunication.

Here's the relevant portion of her dozen+ page outline of things she can and cannot do:

"I love shooting in clean studios, sets, in nature, and urban locations. But I avoid working in houses, home studios, hotels, and most abandoned locations.
Although I greatly appreciate your offers of food and hospitality, I can't accept food that I do not prepare myself.
I also ask that you please refrain from using heavy scents (i.e. candles, air fresheners, incense, perfumes) during our shoot."

Since I had changed locations and sent pictures of the new one, none of the above seemed to rule out a clean non-cooking location. 

Imagine my surprise when she sends me an invoice for the non-shoot and a threat to "blacklist" me for nonpayment as well as contact models I've worked with to spread this story.  This seems like a clear miscommunication.  She probably should simply warn photographers that she WILL NOT WORK INDOORS but this was not the impression I was under when booking.  I feel bad that we didn't get to work together in Spring, outdoors, happy as clams as high tide.  I think I'd normally enjoy this person.  But I see this as a cancellation on HER part, not mine.  I was set and waiting.  I also recognize that this isn't black and white.  My take is that I provided a clean studio environment and had sent pictures ahead of time.  Her 30-minutes-out refusal constitutes a cancellation.

Thoughts, anyone?

Send her an invoice for the rental location that apparently would have worked and for all the deposits you have given her. Also just tell her that she cost you money and she should be careful about threatening you, as she is edging towards blackmail, and that you have paid her more than she deserved, and will never hire her every again, and will be happy to tell other photographers of her hostile behaviour.

LA StarShooter wrote:
Send her an invoice for the rental location that apparently would have worked and for all the deposits you have given her. Also just tell her that she cost you money and she should be careful about threatening you, as she is edging towards blackmail, and that you have paid her more than she deserved, and will never hire her every again, and will be happy to tell other photographers of her hostile behaviour.

.

This ! . . . . (minus the threat at the end)

Plus a Stern Warning that she can be sued for "Tortious Interference With Business", which is illegal in most states.

. . . . . If someone makes false, negative claims to people that you do business with, it is against the law !

What she is doing may not be actual 'blackmail', but it is certainly illegal !

Let her know in writing that you intend to sue her if she doesn't pay your invoice that you have receipts for, and that you have documented proof of her refusal to pay and making outrageous demands

Give her 30 days to pay, and then get a lawyer to go after her.

KM

ExhibitPhoto wrote:
Thoughts, anyone?

Yeah, Wow! 

She's got balls.

ExhibitPhoto wrote:
Here's the relevant portion of her dozen+ page outline of things she can and cannot do:

! ! !

ExhibitPhoto wrote:
Imagine my surprise when she sends me an invoice for the non-shoot and a threat to "blacklist" me for nonpayment as well as contact models I've worked with to spread this story.

Over and above the deposit, what was she charging you for?

ExhibitPhoto wrote:
She probably should simply warn photographers that she WILL NOT WORK INDOORS but this was not the impression I was under when booking.

When booking, I believe you said you didn't read this model's 'extremely detailed’ website.

If you had, you would have read where this model does warn photographers that while she loves doing shoots indoors in clean studios, she avoids houses, home studios, hotels, etc. (I would take it from reading this that your home backyard and BnB are locations she would likely try to avoid.)

ExhibitPhoto wrote:
My take is that I provided a clean studio environment and had sent pictures ahead of time.

Knowing you no longer had a photo studio environment to meet the model’s requirements, you conclude that a non-cooking airBnB meets your definition of a clean studio environment.

Perhaps the BnB was a clean, food-free environment, but it’s certainly not a studio. Perhaps 30 minutes out, your travelling model did a drive-by of your proposed shoot location, and was suddenly … less excited to shoot!

ExhibitPhoto wrote:
Her 30-minutes-out refusal constitutes a cancellation.

At 30 minutes out your model makes one final request and suggests you move the shoot outdoors. You refuse and conclude that her request is tantamount to her cancelling what to begin with was agreed to be an outdoor nude shoot in Spring.

This model’s website did warn you and she also alerted you to the medical reason for her reluctance for doing shoots in indoor environments (other than a studio), and yet you persisted in making indoor arrangements with no outdoor contingency plan.

Given the reasons you both provide are genuine and sincere, then IMO both parties should accept that sometimes circumstances play a part in things not turning out as well as one may have hoped.

ExhibitPhoto wrote:
Now that I've been threatened with "blacklisting" by the model in question, whom I will have remain nameless for the moment, I'd love to hear some input from the general group.  Here's the story, from MY perspective and with some notes from hers:...

Libel is libel. How many lawsuits waiting in the shadows from "blacklisting" and "outing"?  From one-sided, texted gossip and rumors (perhaps in secret models only forums?) to flat out slander in face-to-face discussions these are still character assassinations that often go unknown by the person being spoken about.

Anyone care to come forward and provide evidence of these types of things happening? Cause, as these are civil suits, the money can be split from the settlement.  Just need proof that it's taken place and others were made aware - even a select few and it doesn't have to have been in a public venue - well, other things, too, but that's the jist to get it rolling.

Something to consider, at least?  Anyone?