New employer asking me to sign a strange agreement

Question

Have you ever been asked to sign a strange agreement that you did not consent to by an employer? I know non-competes are pretty far reaching in an unrealistic way but are pretty much a standard so we kind of give them a pass with the hopes that they won't be enforced.That said, I was recently asked to sign an agreement that said my company would be able to use my photo, biographical info, or my likeness in any way to promote their products without my consent. Has anyone seen something like this? Were you able to push back against it?

davismwfl · Accepted Answer

This isn't strange or abnormal in normal business, it is just newer for tech staff. I have seen this a lot in marketing and executive employment agreements. It is basically so companies don't get sued for showing pictures of you on their website or in their marketing info etc. Generally it is for two things, 1 to be able to use your image, and 2 to say you have already been compensated for any use of your likeness.
Honestly, I think you should be glad this company is being up front about it and not doing what most startups do which is use all that without ever asking your permission or telling you what they might use.
If later something changes for you personally, you can send a cease and desist letter to prevent them from using your likeness in the future. IANAL but you do have rights to control the usage of your likeness and bio for future use, you couldn't stop prior usages or force them to recall marketing brochures, but you could prevent them from using your likeness on future material (digital or print) if you sent the C&D.

AnimalMuppet · Answer

IANAL.I think that kind of thing is just like "we can post photos of the company picnic on our public-facing website to show what a great place this is to work, without getting sued by someone who is in the picture". It's probably in some best-practices guide that they're following.For me, it's something I might find vaguely annoying, but something I wouldn't worry about. It's not like someone is going to choose my face for a national advertising campaign.

hos234 · Answer

> Were you able to push back against it?
Not really. I tried once and got walked out of the building after sitting through an endless bunch of meetings where different rungs of the hierarchy making the "...but everyone does it" argument.
A better approach, I found latter in life is to be buddies with the right people. They want to stick your info all over, go talk to your Marketing/HR/PR buddy.

mytailorisrich · Answer

Well, clearly they are asking for your consent...You haven't said what role this relates to. If you'll be attending conferences or somehow end up on company material then this agreement seems normal.

tdeck · Answer

Is your new job in California? I think CA has extra laws about using someone's likeness so my employment agreements here have all had language like that. The first time I saw it I thought it was odd too and drew a line through it.

muzani · Answer

This is not unusual, only an unusual way of asking.The usual way is just to drop you a message on Slack asking if they can use your photo on their pitch deck or website, or attach your resume on a government tender.

itronitron · Answer

in any way to promote their productsthat sounds kind of sketchy unless you happen to be a supermodel, I would hope that they have customers or investors that are better suited to help promote their products

mtmail · Answer

A friend had to sign this, background is they want to show all employees on the about-us page on the website. I think you can push back and limit the use, e.g. to the website.

New employer asking me to sign a strange agreement

Well, clearly they are asking for your consent...
You haven't said what role this relates to. If you'll be attending conferences or somehow end up on company material then this agreement seems normal.

Is your new job in California? I think CA has extra laws about using someone's likeness so my employment agreements here have all had language like that. The first time I saw it I thought it was odd too and drew a line through it.

This is not unusual, only an unusual way of asking.
The usual way is just to drop you a message on Slack asking if they can use your photo on their pitch deck or website, or attach your resume on a government tender.

in any way to promote their products
that sounds kind of sketchy unless you happen to be a supermodel, I would hope that they have customers or investors that are better suited to help promote their products

A friend had to sign this, background is they want to show all employees on the about-us page on the website. I think you can push back and limit the use, e.g. to the website.