If you're planning to use someone's photo, it's essential to know the legal requirements to avoid getting into trouble. While it may seem harmless to use an image you find online or capture photos of your clients for marketing purposes, doing so without permission can result in serious legal consequences.
In this article, we'll discuss the legal requirements for using photos of people and what you need to know to stay compliant.
Do you need permission to use a photo of someone?
Yes, you generally need permission to use a photo of someone. The use of a person's image, whether in print or digital form, is protected by privacy laws, such as the General Data Protection Regulation (GDPR) in Europe or the California Consumer Privacy Act in the United States.
There are specific exceptions, such as for news or editorial purposes, or if the individual is in a public place and their image is captured incidentally.
If you run an activity business and intend to use your clients’ photos for marketing purposes, it is strongly advised to obtain written consent from the client, or their parents or guardians if they are not adults.
The consent form should include the intended use of the photos and contact information on how to withdraw such consent.
How to get permission to use photos of someone?
If you want to use someone's photo, you need to obtain their permission in writing. It's always best to have a photo consent form signed by both parties that outlines the terms of use, such as where the photo will be used, how long it will be used for, and if any compensation will be paid.
The form should clearly state the intended use of the photos and contact information on how to withdraw consent. By having a signed consent form, you can protect yourself from any legal action if the person changes their mind later.
Below, we have created two free photo consent templates for both children and adults.
Children's Photo Consent Form Template for After School Clubs
Child’s Name: __________________________
Date of Birth: __________________________
I, __________________________ (parent/guardian name), grant permission for my child, __________________________ (child's name), to participate in photography and video recording during school events and activities.
I understand that these photos and videos may be used for the following purposes:
- Display in the school or educational institution's premises
- Publication on the school or educational institution's website or social media platforms
- Use in school or educational institution’s promotional materials
- Other purposes as deemed necessary by the school or educational institution
I acknowledge that I have the right to access and review the photos and videos taken of my child and request their removal if I am not satisfied with their use.
I understand that I have the right to withdraw my consent at any time by contacting the school or educational institution in writing or via email at [email address].
I am aware that personal data collected through photography and video recording will be processed in accordance with the General Data Protection Regulation (GDPR) and the school or educational institution’s privacy policy.
Signature: __________________________
Print name: _________________________
Date: _______________________________
Adult Photo Consent Form Template for Fitness Class Studios
Name: __________________________
I, __________________________ (participant name), grant permission for my image to be taken during the class and used by [studio name] for the following purposes:
- Display in the studio or on the studio's website or social media platforms
- Use in studio's promotional materials
- Other purposes as deemed necessary by the studio
I acknowledge that I have the right to access and review the photos taken of me and request their removal if I am not satisfied with their use.
I understand that I have the right to withdraw my consent at any time by contacting the studio in writing or via email at [email address].
I am aware that personal data collected through photography will be processed in accordance with the General Data Protection Regulation (GDPR) and the studio’s privacy policy.
Signature: __________________________
Print name: _________________________
Date: _______________________________
How should I store photo consent forms?
You can store your clients’ photo consent forms on paper or digitally. If you use an online booking system, these photo consent forms can be stored within the booking system so that you don’t need to worry about keeping the records. Users can easily update their agreement online too.
If you would like to learn more about using an online activity booking system to help you store photo consent forms, why not give Pembee a try? Pembee is an online booking system designed for activity organizers and can help you reduce admin work associated with running an activity business, including storing photo consent forms digitally. Click here to learn more about how Pembee can save some activity businesses one day a week from admin work.
