What is the name of your state? Texas
My fiance is a freelance photographer. About 1 month ago she agreed to do some before and after pictures of clients of a day spa/wellness center. The agreement was that my fiance would be paid a certain hourly rate and the pictures would be posted on her web site so the clients could view the photos and purchase them if they so wished. Unlike my fiances usual buisness practices there was no writtin contract with either the day spa or the clients themselves. My fiance took the pictures and placed them on her web site as agreed under a "folder" with the spas name so the clients could access the photos easier. Last night the owner of the spa called and stated that some of her clients were threatening a law suit because the pictures were open to anyone who browsed my fiance's site or did an internet search with the spa's name ( the image folder would come up as a "hit" because it included the name of the spa."
I believe that the clients are saying that their privacy was invaded. My fiance is able to password protect the images so that only the person with the password may view the pictures but this was never discussed. We were under the impression that this was to be an open gallery so that others could see the before and after photos and bring buisness in to tha spa. Apparently we were wrong. The pictures were removed from the site as soon as this was brought to our attention.
I believe the owner of the spa is trying to "pass the buck" on to us saying things like "I cant believe you didn't relize all the privacy issues you were violating" etc. Privacy issues were never discussed. The clients did verbally concent to having their pictures taken and having them placed on the web site.
Is my fiance liable for anything here? She takes pictures for the local newspaper all the time with nothing but verbal concent and these pictures go top a much larger viewing audience. I'm not sure if this is posted in the right area, Im sorry if its not. Also thanks for any advice offered.
Thanks
adam
My fiance is a freelance photographer. About 1 month ago she agreed to do some before and after pictures of clients of a day spa/wellness center. The agreement was that my fiance would be paid a certain hourly rate and the pictures would be posted on her web site so the clients could view the photos and purchase them if they so wished. Unlike my fiances usual buisness practices there was no writtin contract with either the day spa or the clients themselves. My fiance took the pictures and placed them on her web site as agreed under a "folder" with the spas name so the clients could access the photos easier. Last night the owner of the spa called and stated that some of her clients were threatening a law suit because the pictures were open to anyone who browsed my fiance's site or did an internet search with the spa's name ( the image folder would come up as a "hit" because it included the name of the spa."
I believe that the clients are saying that their privacy was invaded. My fiance is able to password protect the images so that only the person with the password may view the pictures but this was never discussed. We were under the impression that this was to be an open gallery so that others could see the before and after photos and bring buisness in to tha spa. Apparently we were wrong. The pictures were removed from the site as soon as this was brought to our attention.
I believe the owner of the spa is trying to "pass the buck" on to us saying things like "I cant believe you didn't relize all the privacy issues you were violating" etc. Privacy issues were never discussed. The clients did verbally concent to having their pictures taken and having them placed on the web site.
Is my fiance liable for anything here? She takes pictures for the local newspaper all the time with nothing but verbal concent and these pictures go top a much larger viewing audience. I'm not sure if this is posted in the right area, Im sorry if its not. Also thanks for any advice offered.
Thanks
adam