Re: Testimonials
John T. Brinkmann, CPO
Description
Collection
Title:
Re: Testimonials
Creator:
John T. Brinkmann, CPO
Date:
2/13/2000
Text:
Responses to my post regarding testimonials. I have not re-posted the
responses that were sent to the whole list originally.
ORIGINAL POST
I would like some of your thoughts on using the reports of
patients/clients in local advertising. I'm interested in hearing some
of the experiences of smaller facilities. Are there implications, legal
or otherwise, in compensating those whose reports/pictures are used? Is
it necessary and/or prudent to have a written understanding between the
facility and the spokesperson? What are the differences between putting
together a brochure and contacting local news media sources? Any
advice?
Your input is appreciated.
RESPONSES
John -
Our company, OrPro, has used patients' stories to obtain publicity for
both the patient and one of our local branch facilities that provided
that patient's prosthetic care. My experience is that it is easier to
obtain local press coverage on an interesting patient case in smaller
cities or towns vs. larger ones because of the need for story ideas and
focus on local residents in the smaller communities.
In all instances where we pitched a story to the local newspaper or TV
news team, we obtained a signed statement from the patient first giving
us permission to discuss his or her case (or his/her child's case) and
verifying that the patient would be willing to discuss his/her case and
our facility's care with the press. In addition, we submitted copies of
the news release or any other written material to the patient or
patient's parent before we released it to the media. We did not always
receive the publicity we sought, but when we did, the patient or parent
was invariably pleased, as was our local facility.
We have photographed patients and used those photos in slide/PowerPoint
in-service presentations; we obtained written authorizations from the
patients first that allowed us to use their images to discuss their
cases and promote our facility. We have not used patients' testimonials
in ads nor in brochures, but would follow the same precautions of
obtaining the patient's written permission before publishing these
promotional vehicles. I hope this helps you.
Liz Spring
VP of Marketing
OrPro, Inc.
I'm not conversant on the regulations or ethics of using clients for
advertising from the industry end - but I am completely conversant on
the details as they pertain to the model/spokesperson.
If you are using anyone under 18 - you must have a parental consent for
publication of the photo - preferrably an actual Model Release - which
states the full and total use of the photo(s), for example, you would
have to list magazine ads as a separate use from billboards or
brochures.
You would also need to list the date on which the model release
expires. This is usually one year from the date of the photography.
Standard rates for this sort of thing run anywhere from $500 per PHOTO
used and UP PLUS the shoot itself - not including your photographer and
their staff and fees. It also does not include what the photographer
will charge you for the use of the photos since the photographer owns
the copyright.
All these details are completely negotiable with your prospective
talent.
However, should your talent bring you in good revenue from the
promotion, you may want to consider upping the fees to stop them from
being wooed by another facility.
As for spokesperson type work, again, you need to spell out everything
in writing - even things that sound silly - like not smoking cigarettes
when being interviewed or wearing another facility logo when in public
etc....
If it's not in the contract, it doesnt exist. And you cant really use
intent or spirit in this situation because there is no clear mode of
behaviour or other requirements that could be considered standard.
Again, the fees can be negotiated with your talent but the range usually
runs from a few hundred per month to thousands per month with lump
payments (depending on the stature of the individual in terms of the
ability to bring in business) while they are the spokesperson. This
ongoing arrangement keeps the talent from marketing themselves to
another facility or otherwise being unavailable.
With those types of arrangements, the fees need to be spelled out and a
procedure in place for ending the relationship with the talent should
you need to.
Contacting local press is not the same as putting out a brochure.
Depending on the type of coverage you are looking for, this could
backfire or it could work for you.
If you are promoting an amazing amputee sports success story - your
client is awesome now with your limb that you made and its a truly
newsworth event - the reporter may be a 20 year old with no clue as to
the real depth of the issue - only seeing the courage of this person -
you may not get a segment in the sports section, but rather the life
section as human interest - which while it's still exposure, it's not at
all positive in terms of the end goal. Nor in terms of amputee
relations.
If, however, this is a human interest story, contacting your local press
could get you good coverage.
Again, if the talent is under 18 - you have to have a model release and
in all circumstances you need the permission of the individual, no
matter what age, to include them.
It's also a good idea to see if you prospective talent has an agent.
The agent is the buffer between you and an egotistical or untrained
talent - ensuring they are aware of the realities of the situation
including their obligations and rights. It also protects you in the
event that the talent claims you somehow misled them or otherwise did
not act in good faith by allowing you to point out that the talent had
representation which should have dealt with it in the first place.
Hope it helps.
Kimberley Barreda
Yes, you have to have written consent to use a patients photo or video
in any form of publication. I know that my last employer uses video
feed testimonials on his web page as well as on a distribution video.
Mitch, LPO
John,
We have approached this issue by letting them film or present
something new in the prosthetic field whether it be a new gadget or a
new procedure and to let the people see the end results. To some
people's disbelief, we are also trying to educate the amputees as well
as throw our name out. If someone graps it, we will except the
business,If not, we still accomplished our main objective-to educate.
We also had the patient sign a release form so he couldn't come back
at us for anything(Attorneys suggestion)
I do hope this helps.
Gordon
Do not forget The client and care giver relationship. Which basically
states anything associated with your meeting is between you and the
patient. Client confidentiality
END RESPONSES
Thanks to all who responded.
responses that were sent to the whole list originally.
ORIGINAL POST
I would like some of your thoughts on using the reports of
patients/clients in local advertising. I'm interested in hearing some
of the experiences of smaller facilities. Are there implications, legal
or otherwise, in compensating those whose reports/pictures are used? Is
it necessary and/or prudent to have a written understanding between the
facility and the spokesperson? What are the differences between putting
together a brochure and contacting local news media sources? Any
advice?
Your input is appreciated.
RESPONSES
John -
Our company, OrPro, has used patients' stories to obtain publicity for
both the patient and one of our local branch facilities that provided
that patient's prosthetic care. My experience is that it is easier to
obtain local press coverage on an interesting patient case in smaller
cities or towns vs. larger ones because of the need for story ideas and
focus on local residents in the smaller communities.
In all instances where we pitched a story to the local newspaper or TV
news team, we obtained a signed statement from the patient first giving
us permission to discuss his or her case (or his/her child's case) and
verifying that the patient would be willing to discuss his/her case and
our facility's care with the press. In addition, we submitted copies of
the news release or any other written material to the patient or
patient's parent before we released it to the media. We did not always
receive the publicity we sought, but when we did, the patient or parent
was invariably pleased, as was our local facility.
We have photographed patients and used those photos in slide/PowerPoint
in-service presentations; we obtained written authorizations from the
patients first that allowed us to use their images to discuss their
cases and promote our facility. We have not used patients' testimonials
in ads nor in brochures, but would follow the same precautions of
obtaining the patient's written permission before publishing these
promotional vehicles. I hope this helps you.
Liz Spring
VP of Marketing
OrPro, Inc.
I'm not conversant on the regulations or ethics of using clients for
advertising from the industry end - but I am completely conversant on
the details as they pertain to the model/spokesperson.
If you are using anyone under 18 - you must have a parental consent for
publication of the photo - preferrably an actual Model Release - which
states the full and total use of the photo(s), for example, you would
have to list magazine ads as a separate use from billboards or
brochures.
You would also need to list the date on which the model release
expires. This is usually one year from the date of the photography.
Standard rates for this sort of thing run anywhere from $500 per PHOTO
used and UP PLUS the shoot itself - not including your photographer and
their staff and fees. It also does not include what the photographer
will charge you for the use of the photos since the photographer owns
the copyright.
All these details are completely negotiable with your prospective
talent.
However, should your talent bring you in good revenue from the
promotion, you may want to consider upping the fees to stop them from
being wooed by another facility.
As for spokesperson type work, again, you need to spell out everything
in writing - even things that sound silly - like not smoking cigarettes
when being interviewed or wearing another facility logo when in public
etc....
If it's not in the contract, it doesnt exist. And you cant really use
intent or spirit in this situation because there is no clear mode of
behaviour or other requirements that could be considered standard.
Again, the fees can be negotiated with your talent but the range usually
runs from a few hundred per month to thousands per month with lump
payments (depending on the stature of the individual in terms of the
ability to bring in business) while they are the spokesperson. This
ongoing arrangement keeps the talent from marketing themselves to
another facility or otherwise being unavailable.
With those types of arrangements, the fees need to be spelled out and a
procedure in place for ending the relationship with the talent should
you need to.
Contacting local press is not the same as putting out a brochure.
Depending on the type of coverage you are looking for, this could
backfire or it could work for you.
If you are promoting an amazing amputee sports success story - your
client is awesome now with your limb that you made and its a truly
newsworth event - the reporter may be a 20 year old with no clue as to
the real depth of the issue - only seeing the courage of this person -
you may not get a segment in the sports section, but rather the life
section as human interest - which while it's still exposure, it's not at
all positive in terms of the end goal. Nor in terms of amputee
relations.
If, however, this is a human interest story, contacting your local press
could get you good coverage.
Again, if the talent is under 18 - you have to have a model release and
in all circumstances you need the permission of the individual, no
matter what age, to include them.
It's also a good idea to see if you prospective talent has an agent.
The agent is the buffer between you and an egotistical or untrained
talent - ensuring they are aware of the realities of the situation
including their obligations and rights. It also protects you in the
event that the talent claims you somehow misled them or otherwise did
not act in good faith by allowing you to point out that the talent had
representation which should have dealt with it in the first place.
Hope it helps.
Kimberley Barreda
Yes, you have to have written consent to use a patients photo or video
in any form of publication. I know that my last employer uses video
feed testimonials on his web page as well as on a distribution video.
Mitch, LPO
John,
We have approached this issue by letting them film or present
something new in the prosthetic field whether it be a new gadget or a
new procedure and to let the people see the end results. To some
people's disbelief, we are also trying to educate the amputees as well
as throw our name out. If someone graps it, we will except the
business,If not, we still accomplished our main objective-to educate.
We also had the patient sign a release form so he couldn't come back
at us for anything(Attorneys suggestion)
I do hope this helps.
Gordon
Do not forget The client and care giver relationship. Which basically
states anything associated with your meeting is between you and the
patient. Client confidentiality
END RESPONSES
Thanks to all who responded.
Citation
John T. Brinkmann, CPO, “Re: Testimonials,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 8, 2024, https://library.drfop.org/items/show/213730.
