Gym Used My Photo For Advertising Without My Consent, Admitted It, And Is Asking What I Want As Compensation. What Would You Do? (alberta)
So I attended a community deadlifting challenge at a gym in my city earlier this year. There was a photographer taking pictures at the event, which was fine, but I never signed a photo release or agreed to have my image used for advertising.
Fast forward, someone sends me a picture of a promotional banner for the gym, and I'm literally one of the photos on it. Mind you, I don't even go to this gym or have a membership there lol. I had absolutely NO idea they were using my picture until someone showed me.
I went through the original waiver I signed for a one-day trial, and there's nothing about consenting to promotional photography or commercial use of my image. Their own waiver actually says you can't film other members without consent.
So I emailed management formally asking how they got authorization, where the banner was used, etc.
They responded IN WRITING admitting that:
They used my photograph without authorization.
They have no documentation showing I consented.
Management made a mistake and forgot to ask me.
They made one banner and said it was displayed at a competition in Calgary, although I also have a photo of it at their West Edmonton facility.
They're now updating their waivers because of my complaint.
They apologized and literally asked me what I would consider an acceptable resolution.
My thing is, I never consented to being used to advertise somebody's business. I wasn't even aware of it until AFTER it happened, so I never had the opportunity to say no or negotiate anything.
I'm considering asking for $2,000 as a private settlement, but I'm wondering if that's too much, too little, or if I should consult a lawyer first.
I know it's only one photograph and one banner, but it's the principle of using someone's image commercially without even asking especially as someone in fitness who can easily have issues when being posted with other brands/companies
Has anyone dealt with something similar in Alberta or Canada? Is $2,000 a reasonable settlement request, or would pursuing this legally make more sense?
Location: Edmonton, Alberta
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