Using photos and videotape of my clients for promotional purposes.

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Using photos and videotape of my clients for promotional purposes.

I am a tour operator and take my clients on tours. In the general terms and conditions they sign before they travel, I state that I will take pictures of them and will use them on my website as promotional material with or without identification. There are adults and minors. Also we take videos and interview the participants while on tour and use the footage in promotional videos on youtube. Even though our clients signed a contract with a ‘Permission to Photograph or Videotape’ clause, I wonder if this is enough.

Asked on October 10, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is enough that if the terms in regard to promotional use were sufficiently obvious that a reasonable person would be assumed to have read them--and therefore to have agreed to them in signing the document. In this case, they contractually agreed to let you use their images, etc.
But if the relevant term was buried, obscure, unnecessarily difficult to understand, in small print, etc., someone who did not want you to use their image could argue persuasively in court that they did not in fact see and therefore agree to the term.


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