Episode 34: “Click Here To Agree” Contracts, Sharing Client Photos, And Privacy Policies On Your Website.

On this episode Bella speaks with Sara F. Hawkins, an attorney who specializes in working with startups, entrepreneurs, marketing and advertising agencies, as well as major corporations where she regularly counsels clients on all aspects of federal and state marketing advertising, sweepstakes and contests; international promotions; social media and internet law; copyright, trademark, and digital rights; as well as general business matters. Sara F. Hawkins With a background in consumer product marketing compliance, Sara has worked with clients to create policies and procedures for engagement with agencies, celebrities, and influencers. Sara frequently speaks on legal topics related to influencer marketing; sweepstakes and contest promotions; as well as a host of digital, native, and mobile advertising and marketing topics. Since 1998, Sara has maintained her own firm in Phoenix, Arizona. Bella and Sara discuss: Where business owners can get photos from Photo licenses and what they are Who regulates photos and copyrights How business owners can get clients to agree to share photos Privacy policies "Click to agree" agreements. Here is the resource for my Deposit Photo deal :) Sara can be reached at her website or Facebook Subscribe To The Show: Transcript: This is episode 34 of Bella in Your Business. Hi, this is Sarah Hawkins. And I just want to remind you that my conversation with Bella today is for information purposes only. Even though I'm a lawyer, this is not legal advice. But I hope you stay tuned and enjoy the show. Thanks. Welcome to Bella in Your Business, where Bella will discuss anything and everything about your pet sitting business to help you land on target. So get ready—Bella’s got your chute. Let’s jump. Welcome to Bella in Your Business. This is Bella Vasta, and I am here today with Sarah Hawkins. She is a private attorney for nearly 20 years, although if you actually saw her picture, you wouldn’t think so. She works with startups, entrepreneurs, marketing and advertising agencies, and she helps counsel clients on federal and state marketing, advertising, sweepstake contests, copyright law, trademark—the list goes on and on. Sarah has even worked with clients to create policies and procedures for engaging with agencies, celebrities, and influencers online. She frequently speaks on legal topics related to influencer marketing, sweepstakes, and contest promotions, and she’s had her own law firm since 1998. Sarah: Thank you for having me, Bella. I’m so happy to be here. Bella: You are definitely qualified to help us out here as pet sitters, dog walkers, and pet business owners. These pets are just so dang cute that we’re either posting pictures of our clients all the time or grabbing pictures online to enhance our content marketing or blogs, videos, and things like that. So today I want to help share with our audience some tips and things to consider when being so forthright on social media, whether it’s through contests, media, or content building. Let’s talk about photos, Sarah. Where should we not get them from? Sarah: From a browser search. Don’t just type in “cute Dalmatian” and take the first one you see. It’s not a problem to use a browser to search for photos—go to Google and click on “photos”—but often Google will tell you what the rights are if you click on the photo and it’ll give you more information. The problem is that it’s not always correct. If somebody posted that photo and didn’t have permission, then how is Google to know that? The checks and balances aren’t there. Bella: God forbid in nine months someone says, “Hey, that’s the picture of my Dalmatian. You don’t have copyright to that.” You’d be like, “Well, Google said,” and then you can’t track it. Sarah: Exactly. People get very upset—it’s their dog, kind of like their child. The bigger downside is with professional photographers because they often register copyrights in their images, and they will not hesitate to ask you for large sums of money. Bella: I have a personal story. I learned that the hard way when I first started. I did just that—I went to Google, searched a picture, put it on my website, and then about a year and a half later I got a letter in the mail from Getty Images asking for $1,300. I thought it was a joke. I learned a very expensive lesson that day. Tell me, are photo licenses the same thing as copyright, or what is a photo license? Sarah: A photo license is not the same as copyright. A copyright is the legal ownership that gives you exclusive rights. A photo license is something a copyright holder grants to someone else to use the photo. It could be as simple as a magazine or shelter asking to use your photo, and you reply, “Sure, just credit me.” Or it could be a legal multi-page agreement with restrictions like digital use only, not print, or time and region limits. It needs to be in writing—even an email is great. Bella: So a copyright holder gives someone the rights or license to use the photo, and those licenses come in different forms. Like a driver’s license—motorcycle, car, learner’s permit—they’re all different types. Sarah: Exactly. For instance, Instagram and Twitter require users to grant them a license to display photos. Bella: So are you saying that just by posting on Facebook or Instagram, we’re giving them the rights to use our photos? Sarah: Yes, we give them rights as outlined in their terms of service, which are often very broad. It’s important to understand how that might allow others to see or use your photos. Bella: What kind of advice would you give a pet sitter who takes pictures of pets in people’s homes and wants to post them on Facebook or video them? Sarah: The first issue is privacy. When you’re in someone’s home, there’s an expectation of privacy. You’re also signaling that the homeowner isn’t there and identifying their pet. Privacy issues are a big concern. And people are protective of their pets—some may feel their pets are like children and don’t want their images used publicly. Bella: So should we have a conversation with our clients or put it in our service agreement? Like a clause stating they agree to allow us to take pictures or videos of their pet for marketing? Sarah: Absolutely. But don’t bury it in your agreement—highlight it and have them initial it to confirm they’ve discussed it. Be specific about what you will and won’t do. Maybe clarify that photos won’t be used for stock resale and will only appear on your website or social media. Some people may have sensitivities, especially with elderly or disabled pets. Spell it out in writing and discuss it. Bella: For companies that use online scheduling, could they just add a checkbox—like, “I authorize pictures of my pets to be taken as long as the pet takes up 75% of the photo”? Sarah: Yes. Many platforms allow you to require initials or display a pop-up that users must scroll through before agreeing. It’s also a great marketing opportunity—let clients know you love sharing photos of their adorable pets. Bella: That’s a great point. We’re going to take a short break and when we come back, we’ll talk about website privacy policies and who actually regulates this stuff. Commercial break – ProPet Hero CPR ad Bella: And we’re back with Sarah Hawkins, who is an attorney of 20 years. Sarah, tell us more about privacy policies and terms of use on websites. Sarah: This is really important. People often copy-paste terms or policies from other websites without understanding them. That can lead to serious issues. If you say you’ll do something—like protect payment data—and don’t, you could face liability. It’s better not to have a policy than to post one you don’t follow. If you take payments, state how they’re handled. If you use a third-party provider like PayPal, mention that and include their privacy and security standards. Your terms of use outline your relationship with visitors—what content can be posted, what can be removed, and so on. Also, if you track website data—cookies, page visits, or demographics—you need to disclose that. It’s not a problem to track; it’s a problem not to disclose that you are. Bella: That’s a good point. Who actually regulates all this? Sarah: There are state and federal agencies, but most oversight comes from the Federal Trade Commission (FTC). Even small businesses can be liable if there’s a privacy breach—especially if payment data is exposed. Usually, it’s handled through regulatory action, not lawsuits, but it’s still costly. Bella: So the bottom line is get legal counsel, read what you’re agreeing to, and make sure your policies match what you’re doing. Sarah: Exactly. If you’re using a third-party website builder, read their terms, and if you don’t understand them, ask someone to explain. Bella: What about online agreements where clients click “I agree”? Are those valid? Sarah: Yes, they are. There are two types—clickwrap and browsewrap. Clickwrap requires users to actively click “I agree,” while browsewrap assumes consent by simply using the site. Courts prefer clickwrap because it’s clearer. However, if the link to your terms doesn’t work or wasn’t accessible, a court might not enforce it. Bella: In my old pet sitting company, we used a click-to-agree setup but also posted our major policies on our website and attached them to invoices. That gave clients multiple chances to review. Sarah: That’s smart. The more opportunities you provide, the better. Also, date your contracts—for example, “Effective January 1, 2025”—so it’s clear which version applies. Transparency is key. Bella: That makes sense. Before we close, I want to mention depositphotos.com—it’s a stock photo website that stores all your licenses in one place. That way, if someone challenges you, you can easily show proof of purchase. Sarah: That’s a great tool. And remember—always get the commercial license, not personal, if you’re using photos for business....