All around the U.S., adults and children are unwittingly agreeing to being used for marketing purposes by companies. It's a growing trend that should be stopped.
I stumbled on the practice when I joined a friend at a trampoline jumping establishment meant for children and adults. We approached the front desk and were given a form to sign. I assumed it was a typical waiver of liability -- the standard you-may-get-hurt- even-killed-but-you-can't-sue-us-for-it type document. Still, I read it.
I was shocked to see a line in the waiver I hadn't expected: "I grant [name of establishment] permission to use my and the Minor Child's, likeness in its publications, websites, marketing and other materials without payment."
It wasn't an independent section of the contract and it wasn't highlighted in any way. In fact, it was tacked on to the end of a fairly dense paragraph full of legalese.
I pointed out to the front desk attendant that I didn't agree to be a part of the establishment's marketing and wanted to strike that line. He was, of course, flustered. Apparently, he had never encountered the problem before. He brought over his manager, a kid who looked to be even younger than the attendant. He said in essence, you don't like it, you don't jump.
I was stuck. My friend was looking at me like she had never met me before. Her eyes were screaming, "What's the big deal?"
This frustrated me to no end, but I went ahead and signed it.
Weeks went by and the incident had pretty much left my conscious when I was again confronted with the issue. This time I was trying to enroll in a fitness boot camp. I was sent the waiver and I read it. Sure enough, the form included a line saying that by signing the waiver I also agreed to the use of my picture or video for any purpose. This was for a 7 a.m. boot camp.
The last thing I want is my picture taken at 7 a.m. when exercising. I realized they were likely not going to change the line, but I asked over email if I could remove the line from the agreement anyway.
The boot camp administrator replied, "Everyone must sign the document the way it is. We actually have a photographer coming in to do photos for our website within the next week. If you don't want to be in photos that day, just let the photographer know."
I sighed after reading her email and replied saying thanks, but I would not be joining.
She replied with a lengthy email full of vitriol, the essence of which was "Since 1997, you are the only one to ever not join our program because of this." She went on to say how important pictures were to their website and that they needed photos for advertisements. Needless to say, this did not persuade me to attend the class. While I missed out on the class, I felt like I had dodged a bullet.
It's likely that the reason no one since 1997 had ever brought the issue up to the boot camp is because few people actually read these agreements, and frankly, in our busy stress-filled lives, we've all created shorthand for situations. We think waivers just mean "I won't sue if I get hurt." Few people expect to see a line about giving away the right to their image in one.
Often those who do try to read the forms don't understand them. Even the companies who require that they be signed don't. The fitness boot camp administrator's response -- sign the agreement and just tell the photographer you don't want your picture taken -- is a common one. Unfortunately, she's giving poor advice. What matters is what you sign. Even if a client says no to a photographer in person, her image might end up in a marketing picture and if she signed an agreement she will have given up her rights in any case.
Further, when a person does see the provision in an agreement, many are uncomfortable asking for its removal and would have an even more difficult time asking a photographer to not shoot them. They want to participate in the event or activity, not rock the boat. It is perhaps this tendency that companies aim to take advantage of, but I think it's poor form.
Businesses do need photos and videos for marketing purposes, but they only have to ask customers to participate and I'm sure they would get many volunteers. Photography and video releases should not be mandatory.
If they are done at all, they should at least be done separately from standard risk and liability waivers so people are clear about what they're signing. Maybe then customers would start questioning the need to give up your rights to your image when say taking a class at the gym or jumping in a trampoline park.
Oh, get over it you might be thinking or: what's all the fuss?
Well, signing away the right to your picture does come with downsides. A case in point is the story of New York mother, Tricia Fraser. She signed a document that allowed a modeling agency to take photos of her children. She knew that the photos could be used as stock photos. She was still surprised, however, to find an image of her child being used in a major marketing campaign for a pro-life organization that she found distasteful.
She did sign a release that gave up the right to her child's image. The problem is so do many people, but without realizing it. When you sign a waiver that includes the right to your photo or your child's photo you give a company permission to do whatever they want with those images and there's no telling where it will end up, as this mother discovered.
How can you make sure this doesn't happen to you? The first step is to read what you sign. But more importantly, businesses will only get the message that this is not an acceptable practice when more people balk at signing away the right to their photo in situations that simply don't call for it. Exerting a little control, can help businesses see the big picture.