Legal Question in Intellectual Property in California

Based upon these facts, I would say yes. Use your own photos or license some.

I'd agree; "fair use" is a rather hard to pin down concept, but I'd suppose nine out of ten jurors would say "not fair use" here.

As a Franchise Attorney I basically agree with the other attorney answers, and only add this. Fair use, in addition to being hard to pin down, is a defense. That is, once you get sued, you can try and raise "fair use" as a defense. Is that where you really want to be? Seem's the smarter way to go is either create your own images or license some. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation