UPDATE: I finally received a check, though it was after much badgering, resorting to serving legal notice, and posting of this blog… and it was still five months late. I also had to go out of my way to pick up the check in person from a third party, despite all invoices and correspondence insisting that it be sent in the mail to my address. I was paid only because I gave them bad press, nearly half a year later, and no apology was offered. My terms were not met in any regard, so I am not taking this post down. Google will direct future researchers here, to a firsthand account of Kill Shop Kill’s incredibly poor business practice of not paying freelancers.
I invite my readers to boycott New York clothing brand Kill Shop Kill along with me, because I have not been paid for my hired photographic work after four months. The whole story after the jump…
Way back on Friday, May 23 I photographed a bunch of people in a back room at a party called Trash. They were all dressed in clothes from a label called Kill Shop Kill, run by a guy named Aaron, and the photos were to be used as a look book for his new line. Aaron and I had agreed a week or so prior to that shoot that he would pay me $200/hour, which was considerably less than I normally charge for things like that. I gave him a discounted rate because he gave me some tote bags for a party I organized a couple months before that, and because I was hired to host the party that night and would have been there anyway. We also agreed that he would pay four models of my choice $50 each for coming to the shoot and wearing his clothes for photos. The fact that the Kill Shop Kill look book was going to be photographed at the party was advertised in the promotional materials a week in advance.
The night of the shoot, he asked me to pay the four models myself because he didn’t bring cash with him, and he would add that money to what he owed me. I agreed because he had been a nice guy and knows plenty of people I know, all of whom had good things to say about him. I photographed my four models and several of Aaron’s choices from the party people, all in his clothes, for two hours. So my total payment added up to $600.
On Wednesday, May 28 I delivered to Aaron a zip file of finished, worked on images of each item of clothing. He was happy with them and we agreed that he would pay me soon. He used the images on his website and blog to promote and sell his clothes. I did not receive an answer to my inquiries as to when I was going to be paid.
In the resulting four months I have invoiced him three times and given him the option of paying me via check, Paypal, or in person. I have e-mailed and attempted to otherwise get in contact many times. He has not responded. I have attempted to set payment deadlines that were missed, with no communication. He is unreachable by phone; nobody ever answers when I call, and I cannot leave a message.
At first I thought he was perhaps not receiving my e-mails, but I ran into him in August in the subway and he shook my hand. I asked him if he’d gotten my invoice and e-mails and he said he had, and that we would work it out “that week.” But he continued to ignore all of my subsequent attempts to communicate with him. He has since opened a store off Bedford Avenue in Williamsburg, given out countless items at parties every week, and posted other more recent look book-style photographs on his website, so I am sure he is not broke.
Aaron was nothing but nice to me in person, and I do not think he is a bad guy. I don’t know why he is refusing to pay me, as he was happy with the photos and used them on his website to promote his merchandise. All I expect is the agreed upon discounted pay rate of $200/hour for two hours, plus the agreed upon model reimbursement of $50 each for four models, totaling $600.00. There was never any discrepancy, unhappiness, or gray area regarding the payment amount. As he himself is a small business startup, I am surprised that he is withholding payment from me, a similar creative freelancer whose product and ability to continue their craft are based entirely upon building a name and receiving payment.
You cannot and should not be permitted to hire somebody, use their services and product to your advantage, and not compensate them for their time and effort. Until this amount is paid to me in full, this blog post will remain active on this site and I will continue to urge people not to buy, wear, or work with Kill Shop Kill.
Have you considered taking him to court?
was there a contract or just verbal agreement?
Yeah dude… that’s what contracts are for. I understand it’s easy to ‘trust’ somebody; especially if you’ve got mutual friends who say good things… but you’ve gotta keep your business and yourself top priority. Shitty that it happened. Best of luck.
I’ve been boycotting Kill Shop Kill from the get-go.
yes, i know a contract would have been advisable. no contract, only e-mails. so there is a record, but no signature. a contract didn’t happen in this case because this amount is relatively small compared to other things i’m doing, and many of my friends have worked with him before. was all very quick. contract or no, it’s the principle that i have not been paid for work, and i don’t want to let the matter fade away uncontested.
the sad fact is that most nightlife hosts, djs, and photographers in new york do not work with contracts. and therefore often they are not paid or not given what they were promised. too many people take advantage.
Brad, take him to small claims court. You had a contract. You set a price and he agreed to it and the terms. You honored your end of it and he has failed to honor his. You don’t need an attorney and you can also ask for your court costs.
I’m hoping that you had a billing address for him. If you do, send him a letter, return receipt requested, and give him 30 days to respond. If he fails to send you the agreed upon fee, then sue him. At the very least, he needs to work out a payment plan with you. If you don’t have a an address, it will be difficult to serve him the papers.
haha. I suppose you could handle it the old fashioned way.
have you tried going over to his store and talking to him about it there?
a verbal agreemennt is just as good as a written contract. i’m sorry to hear that this happened. i know it’s hard to build a name for yourself….i’m trying to do that myself right now. best of luck!
I’m on your side, integrity and trust issues are such a bummer, especially when you don’t give either one a second thought, until true colors begin to seep through…
oh my god, i’m so sick of people shirking their responsibilities. where in the hell are the honest, decent, hardworking people i’ve heard so much about but never seem to meet?
assholes.
brad a check has been sitting at the store for you for about 2 weeks if you had bother to stop by you would have been able to pick it up
-aaron
Aaron, I don’t believe that’s true. And even if it IS true, how in the world would I have even known there was a check waiting for me at the store if you never told me and never responded to any of my attempts to contact you? Also, a check written two weeks ago is still four months overdue!! Which is still completely unacceptable. I have told you multiple times that you needed to mail the check to me or send money via Paypal. I do not live in or near Williamsburg, where your store is, and for me to get there is a hassle. Though I DID offer to come pick it up when I was desperate to end the whole matter a couple of months ago, but when I got to Wiliamsburg to meet you, you told me that you were not going to be able to meet me after all, so I made the trip for no reason. You’ve avoided paying me until now, when I made this public, and this thing about a “check waiting for me for 2 weeks” is completely transparent. If I had “bothered” to stop by?? I “bothered” to pay my own money the night of the shoot to the models, and I “bothered” to be patient for four months, and I “bothered” to not say anything negative about your store all this time… and you have been simply trying your best to not pay me for my time. How incredibly rude of you to say that to me, I have given you FAR too many opportunities to settle this. So, obviously the only way to get you to respond to me is to write a big expository blog post about you?? You have my address… it’s on the three separate invoices I sent you. Mail me a check and this blog will come down. Otherwise it will stay front page.
BULLSHIT AARON that’s the most halfassed lie i’ve ever seen someone try to pull off
wow
so there.
Brad, this shows again how admirable you are to me. You never back down when you know you are doing the right thing. This and the Yuengling fight show how strong you are! Alot of people let others walk all over them but you refuse to. It is very good to see.
let us know when you get paid, and if you don’t i am good friends with a good lawyer who can help out.
aaron’s definitely not telling the truth. just trying to cover his ass because he got slammed. get that cash.
right now the killshopkill.com website links to your home page. did you do that somehow?
no, i think he thinks it’s somehow getting back at me. which is funny.
I hope everything gets resolved and both parties end up ok. You’re both good guys. <3
well if anything, his “response” is an open admission of guilt.
haha. silly. I would say now you have the means to take him to court and stuff.
i’ve stiffed by some people too as we discussed previously, that’s a reason i don’t really fuck with the lower east side and shit anymore. with the exception of happy ending lounge, who have been nothing but honest and upfront.
brad is a champion.
I’d make things right with Brad Walsh, he’s a good guy and while his physical his voice is often quiet, it’s way bigger than any brand. Nice people get screwed over but in the end everyone listens to people like Brad because they know he tells the truth.
Not only would I pay Brad, I’d make a public apology and change my practices because this goes on way to often in business and a stain like this on a brand follows it’s reputation further than people know.
Having done a fair amount of freelance work in my time I can say that this happens in companies large and small and there’s no excuse if a business is run correctly.
I’m a fan of independent business, I’m a big fan of local efforts, let’s not forget that in order to grow, all of us need to keep things in order and not burn the bridges in our back yard or anywhere else for that matter.
sinead how are they both good guys? aaron sounds like a weasel. didn’t you take pictures for kill shop kill once? did you get paid?
Wow that is horrible! Why do all the good guys always get picked on?
I’ve known Aaron for two years and am shocked by this as it’s out of character for him. He is normally a very professional and generous guy.
I never took pictures for KSK, I took pictures at the Trade Show - http://flickr.com/photos/photobysinead/sets/72157601005426344/ - because I was also involved in the booth at a part of Alumni[which is actually run by a genuine asshole]. I hosted his store opening party and was paid my fee properly and promptly at the end of the night.
I think Josh has the right idea here and I hope for everyone that things get sorted out.
I totally feel for you. Artists are so often taken advantage of and then expected to just deal with mistreatment. I advocate this post!
TAKE HIM TO COURT@@!!!!!!!!!!!
bastards
well that killed some time.
Well that sucks. I hate when you trust someone & they are lame. I understand why you trusted him & can see why court would be more time & money than it’d be worth. Sorry I hope he comes around & pay’s you. His reputation will suffer…its not like you don’t know anyone!
…hey you….i also am a photographer…i feel your struggle with non payment…my advise to you is if you didn’t have a contract but have emails, they will stand in court…take them to court…we as artists have got to take a stand agains sorry ass companies as such…otherwise remain steadfast in your pursuit to boycott…god knows word travels like wildfire….contact Perez Hilton!…old boy gets the word out!…heartbeats…m…
…by the way…small claims court is easy as pie…you don’t need a lawyer and it’s a matter of simple paperwork at your local court house…i know it seems a hassle to do so…but it’s worth it…
I hope you get everything resolved. I’ve heard you’re a really great guy, and I hate that someone’s tried to take advantage of your services and talent.
Pay up Aaron.
Yea I heard that from a lot of people actually. Some of my friends ordered t-shirts and never received them. Never got refunds. I totally think boycotting needs to be done! Let’s Kill Kill Shop Kill!!!
make sure that’s a CERTIFIED check cause sounds like it’ll probably be RUBBER!
I would, but I can’t.
New York is on the other side of the country for me.
:[
I support you 100% though.
Best of luck!
I’m sure someone else has said something, but depending on the amount you’re owed, you can and should file a court complaint. If it’s under a specific amount of dollars (I’m not sure the level in your state), you can go Small Claims and do it yourself.
Sorry to hear you’re getting the short end of the stick
Hey Brad,
I’ll boycott kill shop kill. 3-things. Never trust anyone. The friendship stops at the wallet. The rescuer always becomes the next victim.
Freedom of speech and press. Take advantage of it. If he’s opened up a shop. Picket it…!! Make some signs and get your friends on the sidewalk. If I were on that coast I’d be standing with a big yellow sign with big black letters.
Best of luck to you.
Greta Lee
I hope you get paid. Did you know, though, that he has a link to your page on the Kill Shop Kill website under the “Friends” section?
well, i sent a snotty email to “aaron@killshopkill.com” and mailer daemon didn’t return it - so i guess it went through. just sayin’.
small claims court would settle it but it would cost brad to take him there
this is completely unacceptable. you’re due payment. period. take him to court. it may be a hassle, but there is a point to be made. and him posting that the checks been there for 2 weeks waiting for you to “bother” to come get it! — again: UNACCEPTABLE. he’s a poor business man, i wish you the best. Better yet, i wish this weasle would pay you.
Take him to court. Discuss your options with an attorney immediately. You DO NOT need to have a signed, written agreement to force someone to comply with the terms of a contract.
Oral agreements are ENFORCEABLE, despite what most people think and what Judge Judy tells you.
Kill shop kill are a bunch of liars.
im so sorry this has happened to you… but a lil advice… a verbal agreement in business by law IS BINDING. you have every right to take him to court and get your $ back. again VERBAL AGREEMENTS are BINDING and hold water in a court of law. I think ill go throw eggs at his storefront widow for you hahaha
xoxo
TWO WORDS…..JUDGE JUDY!!!!!!
Call Judge Mathis! He’ll set that boy straight and get you your money. They’ll definatly use you. You’re t.v. pretty
for 20% i can collect the amount owed too you. All i need is a name, pic, and physical address.
How much are you going to charge for all the press you’re giving him? Well I heard they’re opening a Hot-Topic right next to his store so he’ll be put out for sure.
Brad, you should consider small claims court for this. I assume you have a copy of what you gave Aaron on the zip drive and hopefully have some documentation of his website (i.e., a pdf version of the page). Even if you don’t, assuming that you could get affidavits from the models or anyone that was present that evening (you don’t need to go overboard on the affidavits, just 2 or 3 would do it plus your backup). Provided that the stiff (sorry I mean Aaron) even shows, you would most likely receive judgment in your favor. If you wanted to, to prove a point and provided the recording fees aren’t prohibitive, you could even file either (a) a real estate lien in the Registry of Deeds for the amount or (b) a UCC lien at the NY Secretary of State against any business assets (i.e., his design equipment, machines, etc.) The asset lien, given the relatively low amount would be the way to go. It may cost you a little bit of money (perhaps $100-200 depending on filing fees at the court and the NY SOS) but if you wanted to make a point and prevent him from borrowing any money secured by his assets without him paying you 1st, it would get your point across. Don’t know if you’re as bitchy as I am but hell, money’s money. Good luck!
FYI–you can get reimbursement of your costs too. Call the district court in your municipality and they will give you direction/info. Call the NY Secretary of State and find out what it costs to file a UCC-1 Financing Statement. Then go to their website and download the pdf form. IN the collateral section, you want to list “All business assets including equipment, chattel paper, invoices, receivables, products and proceeds.” I don’t have the specific language but click my MySpace link listed under “website” and send me a note–I’ll e-mail you the standard form with language in it. Get him.
sue the b@st@rd…ok, maybe he’s not totally a ‘you know what’, but you would think that at least he could show some integrity.
loren, the only press i see killshopkill receiving is of the negative persuasion, and the only people not affected by it are probably people who work and shop there religiously anyway.
as everyone has mentioned, you have rights, and if you’re truly invested in getting this payment (as you well should be), i know you’ll utilize them in a clean and honest manner. consider their name mud amongst my friends and i. best of luck!
you’re all very sweet but there doesn’t need to be any leg-breaking.
You need to take him to small claims court. Bring copies of the photos, speak to the models and get affidavits, and when you sue, calculate court costs and loss of work for the time you have had to waste on this issue.
I used to be in the industry and I fucking HATE to hear stories about people getting over on the nightlife industry people.
Fuck Kill Shop Kill, I thought they were played out and sucked anyway. Now its just even more reason not to spend money there.
Good luck on getting your $$$ back. I hope someone pees in Aaron’s latte.
If it would have been me, I would have went to his store and set it off in that bitch. lol I hope everything works out for you.
Hi Brad, I think you are a gorgeous boy;-)
Hi Brad, my name is Brandon. I think you are a beautiful boy;-) I would love to steal you from Christian!!
Hi Brad, my name is Brandon. I think you are a beautiful boy;-) I would love to steal you from Christian!!
I think it is to small of a sum to go to small claims.. But it is unfortunate! Im sorry that is lame. I def have no interest in their clothing now!
There have been bad times when I have been late in bills but not on friends. I would try small claims court if he does not respond within 30 days of writing one last letter sent US certified mail, return receipt requested. Let me know how it all turns out. Good luck to you and Christian.