The Testimonial and the Before-and-After
A client, Tom, 60, completed 16 weeks with you and lost 12 kg. He is delighted and offers to record a video testimonial. He also sends you two photos - a shirtless 'before' and a shirtless 'after' - and says, 'Post these on your Instagram with my name and my results. I don't care who sees them.' He adds that he wants the post to say he 'reversed his diabetes' and that your program 'fixed his blood sugar.' You know he saw his physician during the program and that his medication was adjusted. You would like to use the testimonial to attract clients.
1. What can you ethically do with Tom's testimonial and photos?
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You can use them only with informed, specific, written consent - and some claims must be changed regardless of consent.
What's permissible with proper consent:
- A video testimonial, with a signed release specifying where and how it will be used, for how long, and how he can withdraw it.
- Photos, including before-and-after, if he gives explicit written consent to that specific use. Shirtless images carry extra privacy and dignity considerations; confirm he understands they will be public and permanent, and consider whether they're necessary at all.
- His name, if he consents in writing to being identified.
What must change:
- 'Reversed his diabetes' / 'fixed his blood sugar' - you cannot publish a claim that your program caused a clinical outcome, especially when his physician adjusted his medication during the same period. That is a causal claim you cannot support and could mislead.
- Reframe to what is accurate: his own experience in his own words, e.g., 'I lost 12 kg and feel better,' with a clear note that results vary and that he was also under his physician's care.
Consent does not make a false claim acceptable.
2. Tom insists on the diabetes claim because 'it's true for me.' How do you handle it?
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Hold the line on the claim while preserving the relationship and his enthusiasm.
Reasoning:
- His experience is real to him, and that matters. But testimonials published by a business are marketing claims, and the business is responsible for them.
- His blood sugar changes coincided with medication adjustment and physician care. Attributing them to your program alone would misrepresent the cause and could mislead people with diabetes.
What to say:
- 'I believe you feel transformed, and I want to show that. What I can't publish is a claim that my program fixed your blood sugar - your doctor changed your medication during that time, and I'd be taking credit for something I can't claim.'
- Offer alternatives: his own words about energy, habits, weight, and confidence; a quote about working with you; a note that he was also under medical care.
- If he won't budge, don't publish the claim. You can decline the testimonial entirely rather than publish something inaccurate.
Keep the relationship: thank him, explain that this protects him too, and offer the revised version.
3. What should the consent and records look like before anything is posted?
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A specific, revocable, documented release.
Contents of the release:
- Exactly what is being used: video, specific photos, name, and any quotes.
- Where it will appear: named platforms, website, print, and whether paid ads are included.
- Duration and a clear withdrawal process, with a commitment to remove content within a stated time.
- A statement that he can decline or withdraw without affecting coaching.
- Confirmation he read the final wording of the post, including the 'results vary' and 'under physician care' language.
Records:
- Keep the signed release and the final approved wording in your files.
- Save the version actually published.
- Note the conversation about the diabetes claim and the revised language.
Also check:
- Your platform's rules and any local requirements on health-related advertising and testimonial use.
- That the post doesn't imply you provided medical care.
- That the images are stored and shared securely, and deleted if he withdraws consent.