Legal Question in Business Law in Pennsylvania
Verbal agreement to use image in website- turned Ugly
I own a hair enhancement business.
I have posted 2 images of a client {a before and an after} to use in my website and saved the client over 85%. My website even shows many other of my clients' faces or just the backs of their hair without their faces.
Now this client is suing me because she is 'embarrassed' and that she says that she has never consented to her pictures being taken {liar}- even when we had a verbal agreement back in 2003.
After she left me just one nasty message 3 months ago, I immediately removed her pictures. And now, yesterday, I get a warning letter from her lawyer that she is taking me to court!
In my shop, I post a policy that clearly states all my good intentions. I am the kind of business who intends to make people happy and avoid litigations since I do run a 'one-man show'. I never meant no harm and I never caught her picture under hidden cameras. In fact, this client is even smiling for the camera in her {after} picture!
Opinions please, and also what do you think of me intending to countersue her for the over 85% monies I have saved her?
And was our verbal agreement enough?
Also was the policy on the wall enough?
Thank you.
2 Answers from Attorneys
Re: Verbal agreement to use image in website- turned Ugly
You should discuss this more fully with a lawyer. I don't think the embarrassment is the main issue but rather your use of her likeness for comercial reasons. She will obviosuly deny the verbal agreement and then it becomes solely a credibility question for the court. I offer free consultations.
Re: Verbal agreement to use image in website- turned Ugly
The verbal agreement is insufficient, simply because she will deny it, you need to retain counsel immediately to protect your interests.
As it relates to the discounts you gave her, that was the agreed upon price you initial gave and you cannot change it now. Seek out an attorney as soon as possible.
My office offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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