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tacmedic

Junior Member
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
 


seniorjudge

Senior Member
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
https://forum.freeadvice.com/showthread.php?t=402103

double post
 

tacmedic

Junior Member
Some how I think I erased Senior Judge's responce which was basically that the fact that there was no contract on paper is our main problem... This part I understand. I guess what I really need to know is can my fiance be held liable for something? What would that be? Invasion of privacy? The clients knew that their pictures were going to be posted online, the problem arose because others were able to see their photos. However they were not told that that the photos would be private. Does that count for anything? Also does the fact that my fiance was basically working as a sub-contractor for the spa while taking the photo's mean anything? Are verbal agreements allowable in court? My fiance is a full time school teacher and I'm a full time paramedic. Needless to sat we dont have a lot af money to spend defending ourselves should this goto court. So far the spa owner has said she is going to "try and fix this, but it's going to be costly." If she is able to come to an agreement with her clients is there any way she could try to recoup any losses she incurred from my fiance? Thanks for any info ya'll can provide. I'm sure it's pretty obvious that I am in over my head when it comes to legal matters such as this.

thanks, adam
 

HellOnEarth

Junior Member
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."
How long were the photos on the site before the clients complained? Did the spa owner know before yesterday (or whenever she called up to complain) that these pictures existed? Have you ever had or do you currently have photos of this spa's clients up on your website and if yes, was it with the spa's information / consent? I'm trying to see how you can pass the buck right back to the spa owner - she's obviously having a knee jerk reaction but if this was standard business practice for the spa and your fiancee, they won't fool anyone with their attempts to lay the blame solely on your lady's door.

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.
Can you get in touch with the clients directly to see if you can iron this out immediately? Secondly, this is a lesson well learned. Henceforth get EVERYTHING in writing. I have learned this the hard way. And don't do business with this spa EVER AGAIN.

So far the spa owner has said she is going to "try and fix this, but it's going to be costly." If she is able to come to an agreement with her clients is there any way she could try to recoup any losses she incurred from my fiance?
Not a lawyer at all, just another poster with legal questions, too. But I'm chiming in because as far as I know, copyrights to photographs belong to the person taking the photograph, not the person posing for the photographs. So, these people won't be able to sue you for copyright violation. As for privacy concerns... LOL. That bad, huh?!

I'd say that you should get in touch with the clients DIRECTLY, tell them the pictures have been removed, and attempt to soothe some frayed nerves ASAP before they see an attorney, forcing you to see one yourselves.

Good luck.
 
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tacmedic

Junior Member
The pictures were on the site for approx 3wks before this was brought to anyones attention. The spa owner is now not returning any calls/emails from us so getting a client list is probably out of the question. The spa owner was aware that the pictures were going to be posted on my fiance's web site. We do normally get everything in writing I don't know what we were thinking not doing it on this job. Any one with a law background care to try and give me some help? I realize that there are no real clearcut answers to these question, but any help/advice would be greatly appreciated.

Thanks,
adam
 

HellOnEarth

Junior Member
The pictures were on the site for approx 3wks before this was brought to anyones attention. The spa owner is now not returning any calls/emails from us so getting a client list is probably out of the question. The spa owner was aware that the pictures were going to be posted on my fiance's web site. We do normally get everything in writing I don't know what we were thinking not doing it on this job. Any one with a law background care to try and give me some help? I realize that there are no real clearcut answers to these question, but any help/advice would be greatly appreciated.

Thanks,
adam

Disclaimer: I am not a lawyer, just another poster with questions myself.

Suggestion: Document, document, document. Make a note of every phone call made. Keep copies of all emails sent to her with no response. Do you know the names of the clients who are complaining? If you do, you can find their address if you also know the city of their residence.

I would also STRONGLY recommend that you remove pictures of every other client of this spa. Then, send the spa owner a certified letter (with return receipt) stating the facts. Include a history of this problem, the conversations you have had with her, dates and substances of phone calls and / emails and a description of your standard business practice etc. Make sure to include that what happened in this case is standard business practice - that your fiance takes pictures of spa clients and uploads them to her website and that the spa is aware of this and has never had a problem with this before and did not complain about these pictures PRIOR to client complaining. By sending the spa owner this letter, you are basically stating your version of what happened. If she DOES NOT get back to you, disputing these facts, then she accepts them as true and cannot later slink away from the mess by claiming that everything is your fiance's fault and that she had never ever given you permission to upload her client's pictures on the website.

Again, I'm not a lawyer. Just what I'd do under the circumstances (my family's own situation isn't much different but let's not get into that now)
 

quincy

Senior Member
The spa owner, who arranged for the photos to be taken, or your fiancee, as the photographer, should have obtained releases from each client prior to displaying their pictures online. It is an invasion of privacy to display pictures of others without their permission, and it can lead to costly court actions.

As the photographer, however, and the one who posted the pictures on an unprotected website, and the one who should have been aware of the laws surrounding photo-taking and photo-publishing, your fiancee is most culpable. A professional photographer should know to get releases prior to any publication of photos of identifiable people, especially when taking before-and-after spa photos, which can be especially embarrassing to the clients.

Oral agreements can hold up in court, but the lack of releases from the clients will be hard to overcome, especially if the clients were under the impression the photos would be for their own personal viewing only. And the misunderstanding between the spa owner and your fiancee would never have happened had there been an agreement in writing, as there should have been.

Hopefully, the spa owner will be able to appease all of the clients who were pictured on the website. If any decide to sue for invasion of privacy, however, your fiancee should, of course, hire an attorney.
 
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