Outside Photographer Issue/About to Have a Complete Meltdown

[AlabamaBound]

Good Morning,

So, it's been a few months since I've posted. My laptop died, then I was dealing with moving to Alabama from Canada, and trying to get settled here. I can't remember if I mentioned it in this forum before or not, but my fiance and I are having a Memories collection at the Polynesian Resort. Part of the reason that we went with Disney was because trying to plan a wedding while I was in Canada and my fiance was in Alabama would have been extremely challenging, so Disney's pre-built packages were very convenient for us. Also, my fiance is a full time wheelchair user, and Disney has an incredible reputation for being accessible. (I realize that Luau Beach is not, technically, considered to be wheelchair accessible, but we've got it covered).

For various reasons, we decided to go with outside photographers (loved their work, would be able to guarantee who would be shooting our wedding, and they had experience photographing a couple where one person uses a wheelchair and one does not). It was not until after we had hired them that we received a copy of Disney's waiver for outside photographers. Well, I found out today that my photographers have a problem with 2 parts of the agreement and, having read the specific parts, I completely agree with them!

5. USE OF IMAGES. Photographer will have the right to create and use Images only for the purpose of selling Images or offering Images for sale to the Event Holders. All other uses (including but not limited to promotional and commercial uses) are strictly prohibited. Photographer will not publish, distribute or use Images (or any part or derivation thereof) for any other purpose without Disney’s prior written approval in its sole discretion. Photographer will not manipulate or change in any way any Images that contain marks, fanciful characters or designs of the Disney Companies. On request, Photographer will supply Disney with a copy (print or digital, as selected by Disney) of all Images.

How can Disney not allow the photographer to publish their own work?! And how can they insist that the photographers give them copies? We're not getting married in one of the parks, there won't be any Disney characters involved. Essentially, unless someone is super familiar with this particular resort, there is no real way to tell that we're getting married at Disney, so why should they have any rights to the photos? I could understand if we were having any part of the wedding in one of the parks or if there were Disney characters or something involved because then there are copyright issues. Not to mention the fact that I've seen the work of other outside photographers on their websites, so how is this possible?

15. PUBLICITY. Photographer hereby grants to Disney the nonexclusive, royalty-free worldwide right to use Photographer’s name, logo, marks, Images or other materials provided to Disney by Photographer (or by the Event Holders) (collectively “Materials”) in any advertising, promotional or other material prepared by Disney. Photographer represents and warrants to Disney that no Materials infringe upon any copyright, patent, trademark, tradename or other right of any person or violate the right of privacy of, or libel, any person, firm or corporation and that Photographer has obtained all consents, licenses, and releases and has made all payments required in connection with the Materials and Disney’s use of the Materials.

Okay, so I am definitely not thrilled with the idea of my image being used however they choose, especially since I'm not using one of their photographers, but I'm guessing I probably signed off on it somewhere in the small print of my contract (I did read it, and have a copy of it, but I've been a little overwhelmed with the all the work involved in immigration, getting settled in a new country, and trying to plan a wedding). However, what I personally take issue with is how do they expect to use the photographers work without compensating them in any way?!

I am seriously so incredibly overwhelmed right now and am trying (rather unsuccessfully) not to go into full meltdown mode. Between this and issues with my planner, I'm seriously ready to say eff it, and find somewhere else to do the wedding which should be interesting since we're getting married on February 1st (basically 2 weeks from now). FML!!! Urgh!!! I'm sorry.....just so overwhelmed and trying not to cry right now.

So, yeah...any help would be greatly appreciated right now

 

[andeesings]

Perhaps they mean commercially publish??? I know all the traditional outside photographers down there (he Roots, Misty Miotto, Regina Hyman, the Arndts) regularly put up photos they've taken on their websites in the parks. What I would actually suggest is that you call one of them.... If they've got a moment maybe they can explain how they interact with those two particular policies??

 

[MinnieMOH]

Disney sounds like a serious diva!
That's like me telling someone they can bring their own groceries and make a sandwich in my kitchen but I reserve the right to eat it based on the fact
that my counter was used. Don't worry, though, I'll tell everyone someone else made it. it sounds, IMO, incredibly overreaching, and would not fly at any other wedding venue anywhere.
That being said, it's not any other wedding venue. It's Disney and I imagine they are taking very strict steps to protect their brand, trademark, image, etc. They work with outside photographers all the time- and those photographers keep coming back- so I really don't think they are out to cheat anyone.
Were I you, I would ask your photog to contact someone at Disney directly (do you have a planner?) to talk about the contract.
Don't meltdown.

 

[asunnysideup]

Perhaps they mean commercially publish??? I know all the traditional outside photographers down there (he Roots, Misty Miotto, Regina Hyman, the Arndts) regularly put up photos they've taken on their websites in the parks. What I would actually suggest is that you call one of them.... If they've got a moment maybe they can explain how they interact with those two particular policies??

I agree. The photographers we looked at have all posted wedding photos on their blogs/websites.

 

[AlabamaBound]

Thank you for your responses! And thank you, MinnieMOH, for this:

Disney sounds like a serious diva!
That's like me telling someone they can bring their own groceries and make a sandwich in my kitchen but I reserve the right to eat it based on the fact
that my counter was used. Don't worry, though, I'll tell everyone someone else made it. it sounds, IMO, incredibly overreaching, and would not fly at any other wedding venue anywhere.

It made me laugh, which I really needed considering how incredibly stressful this past week has been. In the end, the issue with the outside photographer agreement was the final push I apparently needed in order to cancel our Disney wedding.

When I originally booked our wedding, the pre-built package was a great idea - in theory. Since I was planning the wedding from Canada, and wouldn't be able check the venues out, I knew that we could rely on Disney's reputation in terms of quality and, most importantly, accessibility. It was also great knowing that we wouldn't have to do anything else other than make our selections and pay them (which is especially appealing since I was dealing with the whole immigration process at the same time as well as working two jobs). However, when I inquired about making ANY changes in order to personalize the wedding, it was quickly shot down. And yes, I do realize that I was paying for a package, so I can't technically complain about not being able to make any changes, but I don't think that the main thing I asked for and really wanted was unreasonable. (I wanted to rent a speaker - from Disney - so I could play a song when I walk down the aisle that has a great deal of meaning for me instead of using the violinist). My "planner" told me that this would not be an option, so I said that I would provide my own.

Up until the time that I received the email from my photographers, I had not given any serious consideration into changing venues. I mean, it had crossed my mind a couple of times, but we had already paid the deposit and I was getting ready to move, so I didn't exactly have the time to start looking for different options. Well, with just over 2 weeks left before we get married, I ended up deciding that I had no choice but to look for alternatives. Our amazing photographers said that they would be here for us no matter what (even if we decided to stick with Disney), but once I consciously thought about the fact that we were paying $2500 for a generic beach location, a bouquet, and some random stuff in our guest room (since we weren't using their photographer or the violin player), I decided that I had to at least look at other options.

After I posted the original message here, I spent the next several hours researching venues near Disney. I actually ended up finding a location that I absolutely love, and we both agree that it's far more picturesque than the beach location we had at Disney. Apparently, the venue is usually booked about 18 months out, but since we are in the off season for weddings, I decided to give it a shot and call them. We got EXTREMELY lucky, because the venue was actually available and it's only going to cost us $250 for 2 hours as opposed to the the $2500 we were paying Disney . It took a few days to get everything sorted, but we were able to make the change to the new venue, and we couldn't be happier so, in the end, this whole issue with the photographer agreement ended up being a blessing in disguise.

I would like to end this by saying that our decision to cancel our wedding has, in no way, soured our opinion on Disney (we are still very much looking forward to our honeymoon - only 5 more sleeps! ). Even though it ended up not being the right decision for us, the Memories package is still a wonderful option for couples who are looking for a small/intimate ceremony. And, if you use all the elements of the package, I would also say that it a convenient and affordable way to be a Disney bride.

Even though I am no longer going to be a Disney bride, I may still post a couple of questions here since I have received such useful information over the past several months. Thank you to everyone, and have a great day!

 

[wiigirl]

I agree. The photographers we looked at have all posted wedding photos on their blogs/websites.

x2

 

[MinnieMOH]

I'm glad you found a place you love!
In your shoes, I think I might do the same thing. Paying for something you won't be using is rather silly. I understand the need for a minimum expenditure, but they couldn't have applied the money that would have gone for the photography towards a speaker rental? I'm kind of surprised (and disappointed) they weren't willing to work with you a little bit.
I hope you'll come back and post pictures, disney or not. I want to see this photographer's work!

 

[2vets]

That agreement is BS. As a semi-professional nature photographer, the issue I'd have with this...is that if an "external" photographer takes your wedding photos, Disney can strongarm them into giving up the images for free. In other words, Disney could request a high-resolution digital file (and the photographer cannot refuse, based on the contract) and use it in advertisements, online, etc etc etc, in all kinds of for-profit ways, and never pay one red cent.

I would never agree to this sort of a contract (and in fact, have turned down work for magazines with less restrictive contracts). This enables Disney to pursue what is basically copyright violation. It demonstrates complete and total disrespect for the photographer you've chosen, for the expensive gear they have purchased and must constantly maintain, fior their continuing education, and for their unique artistic abilities.

I am really glad you have found another venue in this case. I love Disney, but that is really horrible. Shame on them!

Best wishes for a gorgeous event

 

[disneybride4414]

Where are you having the ceremony/where did you find nearby sites?!? I have a Disney memories package planned and am having so many issues with planner suddenly being changed/requests unable to be fulfilled/feeling like I'm overpaying, etc:'( Any help would be appreciated!!!

 

[AlabamaBound]

So, we are back home now from our destination wedding/Disney honeymoon. The wedding itself was everything we wanted and more, and we are both so incredibly happy with our decision to change locations. It was a beautiful spot, and our wedding coordinator, Amanda, was incredible. We were also completely thrilled with our photographers, Caroline and Ben of Caroline+Ben Photography from Austin, Texas. They were an absolute delight to work with (especially for two people who are not naturally comfortable in front of a camera), and they went above and beyond all of our expectations. Based on the one photo that they have shared with us thus far, we are extremely excited to see the rest of their work. All and all, we had a great time, and our wedding was amazing. Our dinner at the California Grill however, was a different story that I will save for another post (dinner was great, but the $120 cake that I ordered as a surprise was so incredibly bad that I actually cried when they brought it to the table).

On a side note, I also wanted to thank you, 2vets, for your comment. It was nice to hear from an actual photographer to show that it really was Disney that was being completely unreasonable and that their contract is not the norm.

Where are you having the ceremony/where did you find nearby sites?!? I have a Disney memories package planned and am having so many issues with planner suddenly being changed/requests unable to be fulfilled/feeling like I'm overpaying, etc:'( Any help would be appreciated!!!

I'm guessing that you probably had the same "planner" that we did, and I can completely understand what you're going through right now. Unless you're adamant about being a Disney bride, you'll likely be better off looking elsewhere, especially if you're already having issues with the your requests not being fulfilled. We got married at The Albin Polasek Museum and Sculpture Gardens in Winter Park, Florida ( http://www.polasek.org/facility-rentals/weddings-special-events/ ). As you can see from their website, their prices are FAR more reasonable, and it really is a beautiful location, with a lot of interesting spots for taking pictures. Also, the wedding coordinator, Amanda, was amazing; I cannot speak highly enough of how awesome and helpful she was throughout the whole experience. If you have any more questions, feel free to PM me, and I will do the best that I can to help you .

 

[Giniapup]

I'm so happy you had the wonderful wedding you wanted! I'm sorry to hear about dinner at the CG. What was wrong with the cake? You should complain Disney will usually refund your money if your unhappy.

 

[acurry417]

I agree on the cake, you should talk to Disney. We got a cake from the Contemporary for my daughter's 1st birthday and the cake was gorgeous but it started to sink on one side so they did come and fix it but they put on these awful light pink roses (she had a bright pink cake) to cover it up and it just ruined the look of the cake. My husband called to let them know how much we appreciated that they tried to fix it but how much we were disappointed and they refunded us the entire cost of the cake which shows how much Disney is willing to do to make guests happy.

 

[MiaSRN62]

AlabamaBound,thank you for sharing your story. So glad you had a wonderful celebration for your special day. I will confess we simply never noticed those outside photog disclaimers. Thanks for the info. So sorry about your cake. For my daughter's rehearsal dinner in April I was actually looking in to an offsite gourmet cupcake bakery. I googled a few and doing some research on reviews now. Congrats to you!

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