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Wedding photographers often book events months and even years in advance—so what happens to those bookings when the photography company closes its doors? That’s what many photographers are asking after Glasser Images shut down abruptly in October (the company contracted photographers for weddings in a four-state area). The North Dakota Attorney General’s Office is investigating the shut down after receiving more than 500 complaints, according to AP News. Hearings began earlier this week. 

Glasser Images is a company that contracts photographers in North Dakota and the surrounding states to shoot wedding photography. When the company closed, citing COVID-19-related financial struggles, it sent an email to clients stating that no refunds would be given, so some couples were left finding a new photographer the day before the wedding after already paying Glasser Images. Some of the contracted photographers, meanwhile, were struggling to understand whether they could legally still help the couples that had booked through the now closed company. 

[Read: Photo Copyright and Contracts: Free Webinar and Checklists]

During a virtual hearing on November 10, the North Dakota Attorney General sought an order for the company’s owner, Jack Glasser, to preserve its websites for the investigation, the Bismarck Tribune reported. Another hearing is scheduled for Nov. 23, while the Bismarck Tribune also notes that at least nine people are suing the owner of the now shuttered studio. 

We asked our legal contributor, attorney Aaron M. Arce Stark of Stark.Law, to weigh in. He says the first thing that photographers should do in a similar situation is to figure out who the parties involved are, then review the contracts involved. In a business setup like Glasser Images, Stark advises photographers to sign a contract with the company only and let the company handle the contracts with the clients. “If photographers sign both the company and the couples, they could be liable in a lawsuit,” he explains.

“An ideal contract with the company should include protections for the photographer,” Stark continues, “including maintaining rights to images and an assurance of payment even if the company closes. The contract should also have a limit of liability statement. Photographers could likely still help the couples looking for last- minute photographers if the contract does not have a non-compete or non-solicitation clause.” 

[Read: What Happens When You or Your Photography Clients Have to Cancel a Shoot]

The clients involved likely have a legal right to a refund. Stark says that not every contract term is enforceable, which means that even if there was a non-refundable clause in the contract, the clients are likely still due a refund. “It’s like an onion—you have to peel back the layers,” he describes. “Did they give warning? Did they do a partial refund, or offer another photographer? There are several things that could change [what happens]. But generally, if you decide not to show up, then you can’t keep the money no matter what the contract says.” 

ShootProof has offered free access for clients affected by the Glasser Images shut down, allowing free downloads of their images for one year. The image hosting company says they are waiting for information from Glasser, then will begin reaching out to the subcontracted photographers to upload images. The company is also offering one year of membership free to photographers that were subcontracted by the company. 

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