Is it risky to let a buyer record or take photos during a site visit before anything is signed?
Yes, it's worth treating deliberately rather than allowing by default. A general confidentiality agreement may not clearly address photographs or recordings at all — it's often written with documents and disclosed information in mind, and images or video of your operations, equipment, layout, or staff can capture things a written agreement never contemplated, and can be shared or used in ways that are hard to trace back once taken.
The straightforward fix is to address this specifically rather than assuming your general confidentiality terms cover it: a clear no-recording rule for site visits unless expressly agreed otherwise, built into the NDA or a short site-visit protocol the buyer agrees to beforehand. It's also worth thinking about timing and supervision — conducting visits when fewer staff are present, and having someone accompany the buyer throughout, reduces both the risk of unauthorized images and the risk of employees being tipped off before you're ready to tell them. A Treadstone business lawyer can help you add specific recording restrictions to your confidentiality agreement or site-visit terms.
Key takeaways
- General confidentiality wording may not clearly cover photographs or recordings.
- Address site-visit recording explicitly rather than assuming existing terms cover it.
- A written no-recording rule, agreed before the visit, is the clearest protection.
- Careful timing and supervision of visits reduce risk alongside the written terms.