Because the child has too little face in the graduation photo, the woman asked the studio to retreat and pay three losses. Three were rejected by the court.

Author:Jinan Times Time:2022.09.07

A woman in Nantong City, Jiangsu found that her daughter had too little face photos during the graduation season of the kindergarten organization. She asked the studio to refund the 200 yuan photography fee and compensate three times the service fee. The reporter learned from the Nantong Tongzhou District Court on September 6 that the court has recently rejected Ms. Wang's claim, and the judgment has taken effect.

In June 2021, Ms. Wang's daughter's kindergarten organized the graduation season. The representatives of the family committee negotiated with a photo studio in Tongzhou to discuss the graduation season and sign a service contract. A total of 32 children in the class, with a preferential price of 200 yuan per person.

After the shooting, Ms. Wang downloaded all the 3014 negatives and 9 -minute selection videos provided by the studio. However, Ms. Wang has not participated in the selection of films on the grounds of her daughter's exposed photos and did not participate in the selection.

Ms. Wang believes that the "200 ~ 300 negatives" mentioned in Article 2 of the Service Contract should be that each child has 200 ~ 300 face photos, but only 50 face -exposed photos of their daughter. In addition, the 40 ~ 60 photos of the refined book should also be a single photo of each child. Ms. Wang believed that there was a fraudulent behavior in the studio, so she sued to the court and asked the studio to refund the photography fee of 200 yuan, and the service fee of three times the service fee of three times the compensation of the Consumer Rights Protection Law was 600 yuan.

The defendant's movie studio stated that the "200 ~ 300 negatives" on the second of the service contract was actually 200 in the total of the total class, and the ultimate negatives provided were far more than 200. The studio said that he was willing to refund the plaintiff's service fee of 60 yuan.

The "200 ~ 300 negatives" mentioned in the contract "40 ~ 60 refined books" refers to the whole class or the number of individuals? The Tongzhou Court tried that the filming contract was sent to the parent group, facing the parents of all students, not Ms. Wang; secondly, the graduation season custom photography service was not one -to -one service, but for the entire class to participate in photography. Ten students' collective photography; combined with the types and quantities required for subsequent album production, only 1 ~ 3 pages of the album are personal photos and the rest are collective photos, which meets the collective photography purpose of the graduation season.

The court trial believes that the case involved in the film building has provided Ms. Wang with basic services stipulated in the contract, negatives, and videos, etc. The existing evidence is not enough to prove that there is a serious breach of breach of contract when providing the above services. The cost of shooting lacks facts and legal basis. In this case, the shadow building does not have the case where the other party is informed of the false situation or intentionally concealed the real situation. Ms. Wang only claims three times compensation for the defendant's failure to perform in accordance with the contract. The court does not support it.

(Source: Surging News)

Edit: Han Luying

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