Yes, the parties become friends and….it’s also marketing.

Assisting a family in finding their perfect home or helping a homeowner sell their house can be very rewarding. There may be no better way to commemorate such an event than taking a quick selfie at the closing table. Capturing those special moments and posting them to a social media venue is such an easy thing to do. The purpose of posting may be to express the genuine excitement an agent feels for their client’s special occasion or show their ability to help others in a similar fashion. 

The picture can be a great marketing tool but it is important to remember to get “social media authorization” from the client before one uses the picture for marketing purposes. The authorization, a form in writing signed by the client, will offer protections for both the agent and the client. It should give permission for the agent or the agent’s company to use the client’s name, likeness, image, voice, and/or appearance in any pictures, photographs, video recordings, audiotapes, digital images, and other media (“representations”), taken or made on behalf of the business’ marketing and publicity activities.  It is important that the authorization is limited to share only public information about the client. 

The permission will need to give complete ownership of the pictures taken, including the entire copyright, and authority to use them for any purpose consistent with marketing the services of the agent or their company. Also, the client should acknowledge that they understand they are not entitled to receive any compensation in money or another thing of value with respect to the use of the representations. A general release for the business and its agents from any and all claims, demands, and causes of action in any way connected with the use of the representations, would also be appropriate. Finally, the client should state that they have read and consent to the release and they understand they may revoke future authorizations at any time as long as the same is done so in writing. Obtaining a written Social Media Authorization will help ensure the parties understand that selfies to memorize the transaction are important not only as a keepsake but also as a marketing tool to promote the ability of the agent to help assist others in need of their services.


For an example of a photo consent form, please Click Here to Download.

This form is not meant to provide legal advice.

Published by Wendy Hughes on May 13, 2016