If asked sign a contract with a non-disparagement clause, run!

The recent buzz floating around the Photography Blogs and the photo community indicate that some Wedding Photographers are using Non-disparagement clauses within their contract between them and their clients. Which in effect say you can not leave a negative review about them or their services. Not only that many threaten to sue when agreements with a non-disparagement clause are broken. 

According to the Huffington Post (Canada) one unfortunate soul who for obvious reason needed to blog anonymously was worried they could be facing a defamation lawsuit for up to $350,000 USD. This was stated in a certified letter they had received from a photographer they considered even though they didn't sign a contract for their services. In another story where a vender threatened to sue even had the audacity to ask for $5,000 USD to make the suite go away. In an opinion in which I agree this is extortion that might be enough to scare their victims into paying! If that wasn't enough we even find photographers holding their client's wedding photographs and loved memories hostage until the offending comments are brought down.

At it's worst this is censorship.

The following articles also suggest contracts with these type of restrictions might not be the best policy for you're photography business or for that matter any business. I'm not a business owner but the word of mouth can be a powerful form of ones expression and I recognize the impact a negative review can have on you're business and end product, especially if said negatives are unwarranted or not true. However if proven true, beware of the 'voice' as it can move pretty quick (go viral) in the age of the Internet as this story did. 

You may have silenced 'their' voice but you haven't silenced ours! 

A right that must be protected or fought for is the freedom to speak our minds or freedom of expression regardless of who we are or the country where we live ... We mustn't, we WILL NOT be silenced!

• Some Couples Are Getting Sued For Negative Vendor Reviews ~ Source: Huffington Post (Canada)
• Couples Threatened By Their Wedding Photographers Over Bad Reviews
• Wedding Photographers Supposedly Using Fine Print to Sue Clients Over Bad Reviews 

Quote: Huffington Post (Canada) "Attorney Rob Schenk of the Schenk Law Firm in Atlanta, suggests you keep an eye out for phrases like 'non-disparagement' or 'agreement not to disparage.' Also just flat out ask about their review policy. If it turns out they have a no-review clause but you have your heart set on working with them, ask them to remove it. 'All contracts are negotiable,' Schenk says. If they refuse, that's a good sign you should move on to someone new."

Caveat Emptor: Read carefully before signing.

.: More via Google :.

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