It’s good business to provide potential customers before and after photos of your company’s flooring handiwork, but make sure you have the legal right to use those photos.
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It’s good business to provide potential customers before and after photos of your company’s flooring handiwork, but make sure you have the legal right to use those photos.
Blake Nelson, attorney at Hellmuth & Johnson PLLC and frequent contributor to HF, says he adds the following clause to remodeling contracts so contractors can use photos of the completed project on their website or in promotional materials:
1. Use of Photos, Comments. Before the Work commences, and again after substantial completion of the Work, Customers shall make the Property available for up to eight hours on one day for a Contractor representative and/or a professional photographer to take photographs. Customers may choose, but are not required, to be present during the photography session. If Customers are not present at the end of the photography session, Contractor will lock the Property upon departure. Unless otherwise agreed in writing between Contractor and Customers, Contractor is authorized to use for future marketing or promotional purposes, and Customers hereby consent to Contractor’s use of, the following materials:
a. Any photographs, videotapes, or other documents that constitute, refer, or relate in any format or media to photographs, videotapes, or other representations of the Work or the Property, including any professional photographs of the Work or the Property taken upon completion of the Work;
b. Any drawings, diagrams, concept descriptions, sketches, specifications or plans relating to the Work or the Property; and
c. Any written comments, letters, notes, messages, or testimonials related to the Property and the Work.
d. Customers may obtain a copy of “before and after” pictures of the Work in electronic format by paying for 50% of the cost of the professional photographer’s services, payment for which will be billed to Customers and due upon receipt of the photographs.
e. Contractor agrees to respect Customers privacy and will not publish, sell or distribute Customers’ address, phone number or other personal information without Customers’ written consent.
