Help! I Made a Big Mistake

[Go play!]

When I first started doing daycare, I thought it would be a great idea to send a parent email each day with pictures. I had everyone sign a photo release and stated that I would not use for advertising or social media. The email idea died away and I totally forgot about the photo release. Fast forward 6 months down the road and all my families had friended me on facebook so I started using it to send pictures and made a parent only group.
I just gave notice to one family this week and they are a little pissy. They asked for copies of everything they had ever signed and when I was getting it together I found the copy of it. The mom friend requested me, I tagged her in the pics and quite often she liked and commented on them. They asked me to take all his pics down which I have and want me to sign a statement for that. But now I'm realizing that I didn't fulfill the agreement. How much trouble am I in? I am really freaking out. :confused:

[sahm1225]

What part of the agreement did you not fulfill? You said you took down the pictures.

If they signed an agreement saying that they understood you would use the pictures for advertising and social media, I don't see how they can dictate that you remove the photos, but I could be wrong.

I also wouldn't be comfortable signing any statement that says that I removed ALL of their child's pictures. What if he's in the background of another child's picture? Or if his foot or arm is in a photo?

[craftymissbeth]

Did the agreement specifically say it was only for emails? Or just giving you permission to take pics as long as they weren't used for advertising?

[Blackcat31]

I would remove the pictures but I would NOT supply copies to them of everything they signed. They had an opportunity to make copies of those things when they enrolled BEFORE turning them into you.

You shouldn't have to have the expense of copying those things.

I would also send them written confirmation that all photos have been removed from Facebook. Then I would unfriend them and have NO further contact with them. period.

No copies, no signed statement. nothing.

[Go play!]

The original statement said I would not use them on social media.

[melilley]

What part of the agreement did you not fulfill? You said you took down the pictures.

If they signed an agreement saying that they understood you would use the pictures for advertising and social media, I don't see how they can dictate that you remove the photos, but I could be wrong.

I also wouldn't be comfortable signing any statement that says that I removed ALL of their child's pictures. What if he's in the background of another child's picture? Or if his foot or arm is in a photo?

She said she signed an agreement that she would not use the photos for advertising or social media. I think that's what she's talking about in not fulfilling the agreement?.

I agree with bc, unfriend them and cease contact with them.

[Blackcat31]

The original statement said I would not use them on social media.

DCM doesnt get to complain AFTERWARDS.

She should have brought up her concerns WHEN you posted the pictures.
Instead she enjoyed them and said nothing.

She doesn't get to go back and say it wasn't ok now...kwim?

[EntropyControlSpecialist]

Completely ignore. BC has great advice.

[KiddieCahoots]

What Bc said ......

[MarinaVanessa]

I would remove the pictures but I would NOT supply copies to them of everything they signed. They had an opportunity to make copies of those things when they enrolled BEFORE turning them into you.

You shouldn't have to have the expense of copying those things.

I would also send them written confirmation that all photos have been removed from Facebook. Then I would unfriend them and have NO further contact with them. period.

No copies, no signed statement. nothing.

Yes this.

I personally copy everything for my new clients or at any time that I have them sign any new documents or are updating any forms. I give them a new pocket folder every year with copies and call it a day.

After that if they lose it, oh well. I don't make copies for them of ANYTHING after I have already given them to them. The ONLY exception is a W-10. I give those willingly but if they lose the copy I prepare for them then they need to provide me with a blank form and a check for $25 for having to go back and redo the work and fill out a new form. If they really wanted copies of everything I might be enticed to do so but only for a fee PER PAGE.

Even if you don't already give them copies of anything (and if you aren't required to give them copies, I'm not) then I wouldn't give them copies now. I would do as BC said and just remove the photos.

Personally I wouldn't give them a written notice saying that the photos are removed because you never know if a parent might have saved any of the photos and may repost them or maybe has a photo of her child with that child and posts that picture. What if you accidentally missed one? So for these reasons I would just take them down, call her and ask her to go through the feed to check and make sure that she is happy then ask HER to sign a form for ME saying that she is satisfied that all photos are removed and I would keep that form. I would not sign a form for her.

JMPO

[Heidi]

I would remove the pictures but I would NOT supply copies to them of everything they signed. They had an opportunity to make copies of those things when they enrolled BEFORE turning them into you.

You shouldn't have to have the expense of copying those things.

I would also send them written confirmation that all photos have been removed from Facebook. Then I would unfriend them and have NO further contact with them. period.

No copies, no signed statement. nothing.

I'm fairly certain that if they replied on those pictures, you would have evidence that there is implied consent. I wouldn't even have agreed to take them down, probably. They've probably already "shared" them with half the world.

[Heidi]

Yes this.

I personally copy everything for my new clients or at any time that I have them sign any new documents or are updating any forms. I give them a new pocket folder every year with copies and call it a day.

After that if they lose it, oh well. I don't make copies for them of ANYTHING after I have already given them to them. The ONLY exception is a W-10. I give those willingly but if they lose the copy I prepare for them then they need to provide me with a blank form and a check for $25 for having to go back and redo the work and fill out a new form. If they really wanted copies of everything I might be enticed to do so but only for a fee PER PAGE.

Even if you don't already give them copies of anything (and if you aren't required to give them copies, I'm not) then I wouldn't give them copies now. I would do as BC said and just remove the photos.

Personally I wouldn't give them a written notice saying that the photos are removed because you never know if a parent might have saved any of the photos and may repost them or maybe has a photo of her child with that child and posts that picture. What if you accidentally missed one? So for these reasons I would just take them down, call her and ask her to go through the feed to check and make sure that she is happy then ask HER to sign a form for ME saying that she is satisfied that all photos are removed and I would keep that form. I would not sign a form for her.

JMPO

[craftymissbeth]

I'm fairly certain that if they replied on those pictures, you would have evidence that there is implied consent. I wouldn't even have agreed to take them down, probably. They've probably already "shared" them with half the world.

I would even screen print the pictures showing that they liked and commented on the pictures.

[MarinaVanessa]

I would even screen print the pictures showing that they liked and commented on the pictures.

I think it's too late now. I think she says in her post that she was asked to take them down and so she has.

Because of the possibility of me giving waivers for clients to sign and then later the partnership going sour and the parents asking me to remove photos from social media, advertisements etc. my waiver says that it is non-revocable. This way if they sign the waiver and if I use their child's photo on my website, flyers, social media etc. they can't come back later and ask me to take them down and not use them. Once a parent signs my waiver any photos, video, sounds or written communication is mine to use until forever.

It's the 2nd page of the document:
Permission Agreement

[craftymissbeth]

I think it's too late now. I think she says in her post that she was asked to take them down and so she has.

Because of the possibility of me giving waivers for clients to sign and then later the partnership going sour and the parents asking me to remove photos from social media, advertisements etc. my waiver says that it is non-revocable. This way if they sign the waiver and if I use their child's photo on my website, flyers, social media etc. they can't come back later and ask me to take them down and not use them. Once a parent signs my waiver any photos, video, sounds or written communication is mine to use until forever.

It's the 2nd page of the document:
Permission Agreement

Oops! Missed that!

I like that your form is irrevocable. What a pain that would be to have to redo everything because they want their child removed.