This is one of those things that one has to come up with their own C/B on the whole situation. Rather people like it or not, as the laws are now (and in a lot of ways, we too take advantage of this as well), HD has every right to do this. In fact, the law is such that they are obligated to go after people and even dealerships (yes dealerships themselves do not have the authority to have 3rd party people get stuff down without approval from on high and I wouldn't do it without it being given in writing). Here, there isn't a major HD crowd, but JD, oh yea. They went after the dealership here and the 3rd party that they were in contact with as well. Ford I think did it as well back in aughts if I recall correctly (my mind isn't what it used to be, sucks getting old).
With the internet and how quickly things go viral etc, I think that compounds the problem as well, certainly compounds the risk that one gets caught.
I personally won't do it. Now, it wouldn't work for this situation, but depending on the situation, I would offer them something custom that I would have come up with and drawn up, so none of this is a concern. But people have different risk thresholds in rolling the dice, so it does depend on that.