Private Show: The Publicity Clause

Our photo shoots aren't simply for bragging rights. They're the lifeblood of our business... and exactly what drew you to our door.

A recent social media video about this left me HOT AND BOTHERED, and not in a good way.

A woman who engaged a designer for a kitchen remodel requested the designer remove the contractual clause which addressed project documentation. This clause identified the fee levied in the event client's refuse use of any images of their home for the designer's marketing purposes. In this case, a $300 charge the client deemed "hefty." And yet, she filmed this video in the very home she demands remain private, then posted it to her feed viewable by 345k followers.

What suprised me even more than the client's objection to a nominal charge was the chorus of support stacked behind her in the comments:

"I feel like the company should be paying the homeowner that fee to use their home as free marketing."

"Since when did privacy become something we had to pay for?"

"This is financially unethical."

The client's rationale: the designer had not earned marketing rights through collaboration or offer of a discount. The assumption that consumers are owed a discount for purchasing a luxury service (good luck trying that at Bergdorf's) is an entire post for another day.

The designer ultimately rescinded the contract.

And I would have done the same.

The suggestion that designers should consent to relinquishing control over their own business without compensation is problematic.

People are entertained by HGTV's unrealistic portrayals of the process. They're enraptured by glossy shelter magazine spreads. But they have no idea the blazing hell on wheels roaring behind the scenes. The messy, unsexy, overwhelming parts of design homeowners feel ill-equipped or fearful to naviagte on their own...

The generation of 120 page construction drawings sets.

Orchestration of proper succession of events.

Refereeing conflict between trades.

Spending hours on hold to remedy a damaged shipment.

And that's just a Tuesday.

Kitchen renovations require mastery of endless calculations. They're resource demanding, reliably unpredictable endeavors often plagued with endless unforeseens that become the responsibility of the designer to navigate. Understandably, they're also emotionally and financially taxing on the client. Should anything go awry (and despite meticulous planning, it will), the risk of permanent severance of goodwill with a client is high, making the guarantee of future work via referral tenuous.

The publicity clause in a contract exists to ensure the designer's authorship of their project remains intact, and they they can build a business on the strength of their work. In today's luxury market, scaling from sketches simply doesn't work. And without proof of capabilities, a business simply cannot survive.

At MHLI, our publicity clause is clear about protecting our clients' privacy, and we don't disclose their identities without their explicit consent. We respect their right to anonymity and often work under NDAs. Still, designers deserve the same right to autonomy in their businesses, and to be compensated not only for expertise that delivers results otherwise unattainable by consumers, but also for the potential loss of revenue and opportunity that comes with denial of use of their intellectual property.

I'm armed with 25 years of experience, a portfolio of multi-million dollar projects, industry awards and critical acclaim. With decisive leadership, unwavering advocacy, and a process calibrated for consistent, beneficial outcomes as guaranteed deliverables, I would—and have—done exactly the same as this designer.

What's the true cost of conviction? For me, it's much more than $300.