Photo Release Waiver – How To Ask Your Guests For Permission

The best way to advertise your tour is by showcasing the crowds of smiling customers you greet every day. Candid photos of people genuinely enjoying themselves at your business are not just a testament to your business, it inspires your future guests to hit that “book now” button – but how can you ensure your customers are comfortable? 

Depending on your legal responsibilities, how you ask your customers for permission to use photos of them may require special consideration. Wherewolf has a few different ways that we can ask your customers to be part of your visual brand story but it’s important that you choose the right one carefully. Consider your unique business obligations and, if in doubt, seek legal advice.

Ask For Explicit Permission

If you’re planning on using the photos on your website homepage, brochures, and other marketing material, asking your customers permission can help avoid any difficult conversations or concerns that your customers could have. They may have visited your business for a personal experience that they didn’t want to be shared far and wide, and this intrusion of privacy can cause headaches! Including an “opt in” or “opt out” question keeps your customers liability agreement and permission all securely attached to one document. For example:

“Photos taken on this tour may be published to our website, social media, or other material. Do you consent for images and/or videos of you to be marketing and/or promotional purposes?”

Remember – if you include this option then you must be prepared to walk the walk. Keep track of your customers responses and honour your agreement. By collecting this information ahead of time, your team can prepare their lenses and avoid photos of your more private customers.

Incentivise Participation

Nothing sparks a customer’s interest like an incentive!

Think about a fun prize – maybe a piece of free merchandise or a discount – and kickstart a monthly draw for your customers. Ask them to opt into photo release alongside an offer to go be in to win. 

“We regularly take photos during this experience and share these to Facebook. If you see yourself in one of our photos, tag yourself in the comments to go into a monthly draw to win one of our cosy beanies! We’ll email you if you win. To request that photos of you are not published to Facebook, please opt out here”

Just like the first opt-in button, you must check the responses from your customers before posting any photos of customers who may wish to fly under the radar. Pay close attention to what your customers want and act accordingly.

Include A Clause

If a clause in your waiver terms will suffice, it’s simple to implement and keeps the guesswork out of what photos you can or can’t post. Incorporating a clause such as this can be useful:

“​​I consent to photographs taken of me during my participation in the tour, and to publication of the photographs by the Operator for advertising, promotional and marketing purposes. I assign a non-exclusive, royalty-free license to use, for any purpose, photographs submitted by me to Operator and any photographs taken of me during my tour. I waive my right to inspect or approve the eventual use of such photographs.”

Striking the right balance means writing the right waiver. Check your local legislation and keep your business protected – customers are more conscious than ever of how much of their life is being exposed online and one social media post is not worth landing yourself in hot water. 

Wherewolf lead the way in digital liability waivers. Chat to our team about your specific needs and find out if we’re right for you too.

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