Parents,
We again want to first express that we share your disappointment and frustration with D.R. Photography. We know that many of you still have not received photographs that you ordered last season. We have been diligent in our efforts to help resolve the issue with C. Dean Richards, Owner of D.R. Photography, however, to date, our efforts have been unproductive. We will continue working on the issue but also wanted to provide you with information that may aid you in individually obtaining your pictures or a refund.
I. The order form which each person signed when you ordered pictures contained the following language:
By signing this order form you are stating that you agree to all terms and conditions of the contract between D.R. Photography and your league. A copy of the contract was provided to the league board members. A copy is available upon request by contacting D.R. Photohgraphy.
Additionally, the contract provides that Henry County Soccer Association must direct all questions regarding the contract to D.R. Photography. Therefore, to ensure that you comply with the contract to which you agreed, it is important that you direct your questions and requests about your missing photographs to D.R. Photography at (678) 462-6199. A copy of the contract can be requested through contractrequest@drphotgraphy.net or H.C.S.A. Contract Request, C/O D.R. Photography, P.O. Box 2290, McDonough, Georgia 30253.
II. D.R. Photography was responsible for taking and delivering pictures which you paid for in advance. Therefore, if you have not received your pictures or a refund from D. R. Photography and you wish to pursue the issue yourself, you may consider the following legal remedies:
a. Taking out an arrest warrant against C.D. Richards for theft by conversion. A criminal action which begins in Magistrate Court and is applicable when a person receives something under a right but then converts it to his or her own use. (Your money). If arrested and convicted, you could ask for restitution and ask that Mr. Richards have to pay you the money you paid for your pictures.
b. Filing a civil action in Magistrate Court for Breach of Contract and Theft by Conversion. Under this legal remedy you would request your money back plus any fees associated with filing the action. Also, Georgia law mandates that the Magistrate Judge require the parties to negotiate in good faith before holding a hearing on the issue. So although, the Magistrate Court can not issue an order that Mr. Richards give you the pictures you ordered, you would have the opportunity to negotiate that outcome with Mr. Richards and resolve the issue before a hearing took place.
c. Filing a Breach of Contract and Theft By Conversion action in Superior Court and request your pictures. Pursuant to the contract, D.R.Photography archives Henry County Soccer Association pictures for twelve - twenty-four months. If that is so, the photos that you have not received should be archived and easily obtainable. (If you are considering this option, you may choose to write D.R. Photography a letter requesting your photos before you file a law suit.) Note: The filing fee is more expensive in Superior Court then Magistrate Court but Superior is the only Court that can order him to provide you with the pictures you ordered..
d. Consulting an attorney to pursue any of the above.
We are providing this information for your consideration. If you need more information, you may contact an attorney or research the remedies further on your own. As stated above, we share in your frustration and have exhausted every avenue of which we are aware at this time. We are continuing to research additional alternatives and at the same time wanted to offer some suggestions that may help you individually.
Thanks,
HCSA Staff
Perry Conrad - secretary@hcsa.org
Peggy Hesselbach - treasurer@hcsa.org