Days after Casa Vera Lounge was fined Ksh 1.8 million for posting an image without consent, clubs are quickly taking measures to avoid parting with their hard-earned money. Nightclubs are now issuing disclaimers on their social media pages and entrances in a bid to avoid the same happening to them.
Most clubs have made it clear that when a person enters their premises they should be aware that the club will take pictures as well as film footage for promotion purposes. Clubs have put up disclaimers that when people choose to party in their clubs they are giving consent to their images being used.
Cavalli Lounge in Westlands has gone a step higher to ensure they do not have to part with millions due to a simple post. The club has come up with an identification mechanism to distinguish those willing to have their pictures taken or not.
The club has announced that those who want to party at their club but are not comfortable with their images being used should wear glow-in-the-dark wristbands. The wristbands will be on sale at the entrance of the club.
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“The wristband will signal your preference, and all individuals involved in filming or recording will respect your request and avoid capturing you on camera. If, by any chance, a picture or recording is unintentionally taken, it will be promptly deleted.”
After the news of Casa Vera being fined hit major news sites and other club owners confirmed that it was not a publicity stunt, Casa Vera published a post on their social media pages.
“By entering this premise, you waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation, any right to inspect or approve the photo, video, or audio recording of you.”
Nairobi High Court Advocate Gachie Mwanza stated that the disclaimer is enough to deter a lawsuit and that a revel is consenting to their photos being taken after seeing the warning.
“A nightclub has a right to admission,” he said. “You cannot force an establishment to admit you. Therefore, if they publish this information on their social media pages and also put it at the entrance, the patron is hereby warned and expected to act accordingly. You cannot therefore sue after they have made the rules and regulations clear to you.”
He added that for the Casa Vera matter the complainant should have easily asked the establishment to pull his picture down instead of pursuing legal action.
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