When you hear the word “testimonial,” it feels very formal – like something that you collect from someone via an official survey or email.
But as an online business owner, some of the best testimonials that you receive don’t always come through very “officially.”
They show up in the form of DM’s, Slack messages, Voxer chats, or even in the chatbox of a Zoom call.
It’s spontaneous praise like this that makes you absolutely giddy as a business owner and it’s very normal to want to screenshot all of it and post to your stories with a “😭😭😭” caption and a link to your sales page so others can experience the same.
But here’s the legal truth: just because someone said something nice doesn’t mean you have the right to share it publicly.
If you're planning to turn that feedback into a sales page quote, a carousel graphic, or an Instagram story highlight… you need one crucial thing first:
📝 A signed Testimonial Release Form.
And I get it – you see everyoneeee else doing this! Are they really all going the extra mile to make sure they’re doing it legally?
I can’t say for sure, but if I had to guess, they probably aren’t. And if they aren’t, they really could run into some legal backlash for it, which is exactly what I want to help YOU avoid.
So, in this blog post I’m breaking down why exactly you need a Testimonial Release Form, what could happen if you don’t use one, and how to turn spontaneous praise into legally compliant marketing content.
Why “They Said It” Isn’t Enough Without a Testimonial Release
It’s easy to assume that if someone sends you a glowing message or says something amazing on a Zoom call, you’re free to screenshot it and share it with your audience. After all, they did say it, right?
Sure, they said it… but they might’ve said it thinking it was for your eyes and ears (or the group call’s) only!
Here’s a few reasons why someone sending you praise via DM, Slack, email, Voxer, Facebook group, or even a Zoom call isn’t enough reason for you to use that as a testimonial without a proper testimonial release:
People Often Don’t Expect to Be Quoted Publicly
When someone sends you a sweet message on Instagram or a thank-you note via email, they’re typically doing it in the spirit of connection – they want you to know how much you’ve helped them or inspired them.
They’re usually not sending it thinking that their words will end up in your newsletter or displayed on your sales page.
Even if it feels public, the original intent was often personal or private. And if you repost it without asking, they may feel caught off guard, or worse, exposed.
For example, let’s say a client sends you a message saying how your program helped her finally leave her 9–5 and start her own business. You crop her name and photo from the message and post it as a testimonial on your sales page.
She sees it, panics, and asks you to remove it immediately because she hasn’t told her boss or coworkers that she’s quitting.
Even if your intention was good and you didn’t reveal any type of identifying information, the fallout can create trust issues with your client and potentially lead to legal problems if she believes you used her likeness or words without consent.
Not All “Kind Words” Are Meant for the Public
It’s not uncommon for clients to say nice things in a moment of gratitude or excitement, but if you were to ask them, “can I use this on my website?,” they might hesitate.
Not because they don’t want people to know they support you, but maybe because they’re not ready to go public with their results. Or maybe they feel awkward about being spotlighted. Or maybe they shared something vulnerable they’d prefer to keep private.
Any of these reasons are okay and they’re all valid, which is why you can’t assume you have their permission just because they typed the words.
This is where a Testimonial Release comes in – a documented agreement that states you have their permission to use their words.
With this in place, your client is explicitly saying, “Yes, I’m cool with you sharing this and yes, I understand how you’ll use it!”
That clarity protects your business and respects your client’s boundaries!
You Could Be Violating Someone’s Right of Publicity
In plain words? People have something called a “right of publicity,” which basically means they control how their name, image, and likeness are used commercially.
So, if you share someone’s words, photo, or name in a way that promotes your business, even indirectly, you’re technically using their identity for marketing purposes. And if you do that without permission, it’s a legal risk.
Even if you don’t include their full name or photo, context clues can still identify them. And if the testimonial includes financial results, health-related claims, or emotionally sensitive details, the stakes are even higher.
The bottom line here is that you’re not just protecting yourself from a potential lawsuit when you use a Testimonial Release, you’re protecting your reputation.
Because at the end of the day, clients appreciate when you ask them for permission first. It signals professionalism, builds trust, and shows that you respect their privacy.
Screenshots Don’t Equal Consent
In the online business world, the “screenshot strategy” is SOOOO incredibly common. Like seriously I bet if you scrolled on Instagram or swiped through stories for 2 minutes, you’d find a business owner plastering screenshots of their client wins to promote their services.
And as an online business owner myself, I really do get it! Screenshots provide a visual for your audience, they’re easy, and they feel really authentic.
But they’re also a legal gray area if you don’t have consent to share them. Just because you’ve removed the name or blurred the photo doesn’t mean it’s safe to use.
If there’s anything identifying in the language or if the person who sent the message sees it and feels uncomfortable, you’re risking more than just an unfollow.
With a Testimonial Release, however, you can get ahead of this by simply getting their permission in the first place!
Testimonials Can Open the Door to Claims (Unless You Have Protection)
Almost every single big-name brand uses disclaimers like it’s their job… because well honestly, it kind of is. And your small business is no different.
When displaying testimonials and results on your website or in your marketing content, in addition to making sure you’re using a Testimonial Release, it’s also important that you pair that information with a proper disclaimer.
Here’s why: if you’re using someone’s words to imply that your service or offer gets a particular result, the law considers that a marketing claim. And if another client doesn’t get that same result, they might come knocking with complaints.
The Testimonial Release makes it clear that the testimonial is a personal experience and that the client gave you permission to share it and a Disclaimer states that the results displayed are not a guaranteed outcome.
What To Include In Your Testimonial Release Form (+ a Template to Help You Out)
Now that you know why using a Testimonial Release in your business is necessary, let’s briefly talk about what exactly you should include in this form:
- Description of content – what kind of feedback is being used (ex. quote, screenshot, voice note transcription)
- Scope of use – where and how you’ll use the testimonial, such as website, emails, social media, paid ads, etc.
- Permission to use name, photo, or likeness – optional but important, because some clients may prefer anonymity
- Non-revocable clause – so you don’t have to remove marketing materials months later
- No compensation clause – unless you’re paying for testimonials, you’ll want to state that the feedback was given voluntarily
The form doesn’t need to be pages long or full of legalese, it just needs to be clear, thorough, and signed.
And as always, we’ve made it super simple for you to get your hands on an agreement like this!
Our Testimonial Release Template is a digital contract that gives you permission to use those shining client testimonials as part of your marketing strategy.
With this handy tool, you’re no longer just collecting testimonials; you’re harnessing them, turning customer praise into powerful promotional narratives!
In addition to incorporating a Testimonial Release Form in your business, you can also add a Consent to Use clause in your Terms of Purchase agreement.
This will give you double protection and allow you to legally use client reviews and testimonials in your business so that future clients and customers can get that confidence boost when it comes to buying from you! ⭐️
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