Lawyer: Preserving evidence is key, behind the rise of "accompanying photography": uneven service levels, frequent occurrence of "pigeon raising" and other phenomena in technology | industry | lawyers

With the popularity of tourism, the emerging industry of "accompanying photography" has quietly entered the public eye, and the number of summer orders received by some practitioners has grown rapidly. "Accompanying photography" provides services such as full process companionship, photography, and photo editing. Compared to traditional commercial photography models such as "following photography" and "photography", "accompanying photography" can be called "light commercial photography", with less economic burden and lighter photography equipment and styling.

Who are engaged in the "accompanying photography" industry? How do people who experience "accompanying photography" feel? What is the current situation in this industry? A Red Star News reporter conducted an investigation and found that most of the "accompanying photography" practitioners are young people, divided into full-time and part-time. The service price is determined by the shooting equipment, scene, travel route, number of participants, shooting difficulty, etc. At the same time as the rise of "companion photography", the technical and service level of "companion photographers" varies, and phenomena such as "letting go of pigeons" and "evading orders" frequently occur. The customer experience is also full of emotions.

▲ "Accompanying Photography" Service Acceptance

Record tourist travel trajectories

Solve many problems such as traveling alone and not being able to take photos

In recent years, Chengdu's tourism popularity has remained among the top tier in the country, and it has been rated by the World Tourism Union as one of the "Top 10 Most Popular Tourism Destinations for Global Tourists in China.". This summer, Chengdu's summer economy has also experienced vigorous development.

Data shows that in the first half of 2023, Chengdu Aviation Hub had a total of 254000 takeoff and landing flights, with a passenger throughput of 34.589 million. Behind this set of data are millions of people exploring Chengdu. During this summer vacation, the growth rate of customer orders was very fast. There were 3-6 customers who consulted through social media every day. During working days, I completed 2 orders per day, and on weekends, I had enough time to complete about 3 orders. Currently, I have completed about 200 orders. Chao Chao is a photography enthusiast in the tourism industry and also a part-time "companion photographer". When it comes to recent customers she has received, she said, "During the summer vacation, there are many tourists from other places who come to Chengdu for tourism. The customers who 'accompany photos' include young people in their twenties from outside the province who travel with their parents and families, as well as mothers and daughters who want to take photos of their children."

▲ "Accompanying Photographer" Superb

"For tourists from outside the province, I usually participate in travel route planning and suggest suitable check-in points for photography in Chengdu, such as Wuhou Temple, Kuanzhai Alley, Dongjiao Memory, Jincheng Lake Park, etc." Chao Chao explained that her "companion photography" service does not include makeup, clothing, and other content, with a price of 128 yuan/hour. "This industry earns more money than hourly workers in other industries." When asked if there will be any additional fees, she said, "We try to avoid food as much as possible when we schedule, and I bring my own water, food, and transportation costs. I try not to incur any other fees except for" companion photography ". However, if you want to go to a scenic spot that collects tickets, I will pay in advance." Negotiate with clients. "

In Chao Chao's view, "accompanying photography" services provide customers with more companionship, but photography skills must also be "passable" and be recognized by customers. "I prefer to call myself a photography enthusiast. I play the role of a city guide, introducing Chengdu's history and culture to tourists from other places, recommending delicious food, and using a camera to record their travel trajectories in the city. For local customers in Chengdu, Chao Chao rarely actively recommends routes and locations." Local friends, they prefer to visit exhibitions, museums, coffee shops, etc. We get along like friends, and the atmosphere and companionship are important. "

Unlike Chao Chao, Ajie is a professional photographer and a full-time "companion photographer". "I worked in a photography studio during my college years and resigned in July of this year. On the recommendation of a friend, I joined the 'accompanying photography' industry and have been working there for half a month now. In his social media account, I have posted some personal works and 'accompanying photography' devices, including Sony 6300, Canon SX160, and mobile phones. The price range for 'accompanying photography' varies depending on the device chosen, with an average price range of 60-70 yuan/hour. Generally, the service duration for 'accompanying photography' is around 3 hours."

"When I first entered the industry, the customer order volume was unstable and there would be a 3-4 day window period. With everyone's understanding of this industry, I have now started to have a schedule arrangement." Ajie said shyly, "The" accompanying photos "model is not as rigid as professional" following photos "and" arranging photos "." It is more free and casual, without the need for customers to make up so deliberately or template their actions. It is more about the realism displayed when playing with friends, and more about life. "He believes that the relaxation brought by de seriousness and de template creates a unique attraction of" accompanying photos ".". "Solved many problems such as walking alone without anyone to take photos or accompany, or 'boyfriend doesn't know how to take photos'."

▲ Ajie's works

The service level is uneven

Experient: Like opening a blind box, choose carefully

During the investigation, Red Star News reporters found that the majority of the group providing "accompanying photography" services are young people, divided into full-time and part-time. The price is determined by the shooting equipment, scene, travel route, number of participants, shooting difficulty, etc., with an average price range of 20-128 yuan/hour. They post accompanying photo information on their personal social media accounts to "accept orders", and the accompanying photo locations are mostly city landmarks, tourist attractions around Chengdu, and other places. Among them, some practitioners provide services such as "planning tourist routes" and "makeup and styling guidance".

"I have been to Xinjiang, Dunhuang, Hainan and other places by myself, and choosing 'accompanying photography' service is a way for me to make friends. I value whether both parties have common topics and whether they can play together. Liu Yanan, who has had 5 'accompanying photography' experiences, is a freelancer. During her trip, she will invite 'accompanying photographers' in different cities.". When it comes to the experience, she candidly said, "Like opening a 'blind box', interesting 'accompanying photographers' can make people reluctant to leave this city. However, being late and having a poor service attitude will affect my travel plans."

Another tester, Zhang Peng, introduced that when choosing "companion photography" services that offer very cheap prices online, one should be cautious. "I have encountered a situation where I paid a 10 yuan deposit, but the other party asked me to wait on the grounds that the deadline had expired, and when I consulted again, my friend was directly deleted." He said that because the price was cheap, he did not pursue it further. "There are many 'accompanying photographers' with high cost-effectiveness online, and there are also those who don't mind. Some' accompanying photographers' don't communicate much after meeting, and their photography skills are not good, so it can be said that they have no sense of service experience."

Many experienced users believe that as an emerging industry, "accompanying photography" is a norm with varying levels of technology and service. Choosing this service is more about seeking an emotional value. "It can be used as a friend, companion, or city guide, but it is actually a supplement to emotional needs. Spending money to have someone accompany you to watch an exhibition, stroll around the park, or even have a cup of coffee and chat may not require professional technical skills from practitioners, but instead emotional value feedback."

▲ Superb works

Frequent phenomena such as "letting go of pigeons" and "evading orders" occur

Lawyer: Belonging to the scope of labor services, retaining evidence is crucial

Red Star News reporters found through investigation and visits that while this new industry brings development opportunities, there are also hidden dangers. Among them, situations such as "not punctual", "letting go of pigeons", "evading orders", and "dissatisfied breach of contract" are more common. A practitioner introduced that some customers paid a deposit and requested to meet at a designated place, but as a result, the customer temporarily stood up and requested a refund. Some practitioners also expressed that both parties were very happy to accompany the entire shooting process, so they sent the finished product to the other party in advance, but the other party refused to pay the final payment due to dissatisfaction with the shooting. Several practitioners have bluntly stated, "Agreements are all verbal promises, with almost no written agreements. Orders are accepted based on intuition, and losses can only be acknowledged by oneself."

Several participants stated that they had set the price for camera shooting, but the "accompanying photographer" only used their mobile phones to shoot and the photo editing was also very casual. Others believe that experiencing "accompanying photography" services relies entirely on luck, and the quality and service attitude of the "accompanying photographer" determine the experience experience. Some experienced people have claimed that there was a "companion photographer" who requested to go to their home to apply makeup under the pretext of helping, but was eventually stopped by their own friends, "perhaps there is a certain risk.".

Regarding this, Chen Xiaohu, a lawyer at Beijing Dongwei Law Firm, stated that although the "accompanying photography" industry has a relatively short history, it is essentially a labor service relationship formed between employers and employees, and can be classified as a labor service contract. "Our Civil Code stipulates the forms of contract formation, including written, oral, or other forms."

"Whether it is a customer or a 'accompanying photographer', after reaching a labor relationship, both parties should clarify the service content, photo production standards, service forms, etc., while retaining relevant evidence." Chen Xiaohu believes that if one party "stands up" and constitutes a fundamental breach of contract, the other party can terminate the contract and have the right to demand compensation for losses from the other party; If the customer refuses to pay the final payment because they are not satisfied with the work, then this statement is too subjective. If the "accompanying photographer" has completed the service as agreed, they have the right to demand compensation for the loss. Meanwhile, Chen Xiaohu suggests that consumers should carefully identify risks and protect their own rights.