Mick Payton Studios : by paying for your event you accept our terms and conditions – so please read them, they will help you to fit in and get the best from the day! Our aim is to provide you with a top quality experience!
Terms and Conditions :
Code of Conduct :
The following rules have been established from discussions with models and photographers, my 38 year career photographing models for agencies and my 15 years running events. These are to enable a smooth running event where everyone gets the same time and contact with our models, with mutual fair treatment. This leads to a well constructed, productive and enjoyable experience for all.
- Please do not ‘hug’ the models unless they initiate it first, it can make people uncomfortable.
- Do not talk about sexual or romantic matters and don’t be flirty.
- Do not make innuendo’s (comments with double meanings)
- Please do not be ‘blokey’ here, it’s not a competition – it’s a team effort – don’t be macho!
- Treat models and each other with politeness and respect at all times
- Do not attempt to touch the model or get in her personal space unless invited.
- The model may give you some of her contact details, do not press her for other details.
- If you have a problem with someone or something, speak to me – do not take action yourself.
- Do not ask to take photo’s of our model during her break or lunch.
- Models, if there is a problem it may be a simple misunderstanding, come to me to sort it out and if needs be we will take further action against the offender.
- Please do not contact the model before the event to ask for specific clothes, contact me.
- Please do not ask for ‘just one more shot’ – it’s very annoying to everyone, your time is allocated – as is everyone else’s.
- You have timed one2one’s with our model, do not ‘steal’ shots over peoples shoulders. When applicable – such as fashion on location – we may decide to all shoot at the same time.
- You will be given the exposure settings and then 1 shot to check your result before your time starts, thus ensuring that your time is fully usable.
- If you are not sure of your camera settings – or anything else, please ask – it’s what I’m here for.
- During your personal one2one you will be able to get feedback from your model if you wish, as part of your allocated time, thus enabling you to progress the shoot content, this is up to you, it’s your time to use as you wish!
- Our models are paid by us, not the photographers, and as such are our employees, subject to our care and hospitality. Any problems must be addressed to me, not the model.
- It would be appreciated if when anyone – model or photographer – has a problem with anything that’s said or done here, please TELL ME! Don’t spread it all over the internet and make a drama out of it leaving me in the dark! Our events are based on YOUR feedback and recommendations – I try very hard to provide a quality product!
Photographers and models : Please note that there is no studio involvement with agreements between models and photographers, other than stated in our T’s & C’s.
Copyright and image use are two different subjects : just because the copyright may be yours, it doesn’t mean that you can do as you like with the images, eg.: a case where a models images were sold for use on an adult dating website and in a national newspaper as adult chat-line ads, this caused the model some serious family problems!
If you are paying the model, as opposed to the studio, an agreement must be reached before the shoot regarding Model release Form details and the release signed after the images have been reviewed. This is up to you, we do not have any jurisdiction in this.
A Model Release Form : this is included as part of our T’s & C’s : it is an agreement between the photographer and the model regarding :
1/ Who owns the copyright of the images
2/ Which images can be used
3/ The agreed use of the images which must be stated in the release agreement and/or agreed with Mick Payton.
4/ The model and photographer must both be in agreement with the usage and all details in the release form
5/ Permission for RETAIL use images must be agreed and a release signed by the photographer, the model and Mick Payton, all parties must have a copy before any RETAIL use of images.
6/ States that images will not be used where they may bring the model into disrepute or defamation of character and are in keeping with the models regular work genre and ethics, both moral and professional.
Disclaimer T’s & C’s : We reserve the right to cancel a photography event at our discretion within 7 days of the advertised date, with full refund of payments made. Should circumstances dictate that we need to change the model within 7 days, you have the option to cancel with refund or carry your deposit to another event. We are not professional caterers and as such all refreshment is taken at your own risk.
Photographers Bookings :
- If 3 email requests for payment have been sent out and not responded to, if 3 emails requiring a response regarding the studio day/workshop have not been responded to, if you have not paid by 7 days before the event.
- Deposits will be requested 14-28 days before the event, this is to cover our obligations regarding cancellation to the the models involved.
- 14 days notice is required to cancel a booking and obtain a refund of any deposit paid, subject to (4). Cancellations inside this time will result in forfeit of deposit.
- I will however, try to re-sell your place and if successful I’ll refund your deposit minus PayPal fees. Cancellations within 5 days will result in full workshop fee being charged.
- A deposit made soon after your booking being accepted will secure your place. Where there are multiple payments, each payment shall be treated as a deposit. Full payment may be requested up to 21 days before the booked date.
- Once a deposit has been made, it falls under the conditions of (3,4) above.
- Failure to attend on the day of the event that the deposit has been paid for, will result in the final payment being charged.
- Should you default on our payment terms (1) we reserve the right to give your place to someone on the waiting list. Should this happen, we will deduct PayPal fees and an administration fee from any refund due.
- If you are a reserve for an event, please let me know if you book somewhere else on the same day and can’t make it, it only takes an email to update me.
- Inclement weather :
PRIORITY CLAUSE : If the model(s) turn up they will be paid out of the deposits unless other conditions are decided upon, we have a commitment to pay models if they turn up – not out of my own pocket.
(a) If the model(s) turn up it will be assumed that everyone else should be able to also, and the appropriate terms above on non-attendance will apply, extreme mitigating circumstances may be taken into account
(b) If we cancel the event at the last minute and models are not paid (refer to our models cancellation terms) your deposit will be carried to another event of your choice.
(c) In the event of extreme mitigating circumstances we my decide to mediate by offering you a last-minute place where the deposit has already been paid by someone else and just the balance is due.
Model Bookings – Our responsibility to you : If we cancel your booking as a model, without good cause, you are entitled to :
- Cancellation within 7 days – half the booking cost without travel expenses.
- Cancellation within 3 days – the full booking cost without travel expenses.
- Images taken by Mick Payton during a paid booking will belong to him by intellectual copyright law and will be available for your own use. Any such images may also be used for his commercial gain where they do not bring the model into disrepute and are in keeping with the models regular work genre.
- If it becomes apparent that you have booked events with photographers who attend/have attended, our events on either the day before or the day after the event we have booked with you, we will view this as being of conflicting commercial interest and cancel your booking, with no reimbursement, as our cancellation terms become null and void.
- Circumstances beyond our control, inclement weather, illness and family emergencies : we cannot be held responsible for unforeseen events and our obligation will be to pay the model at least a/ travel expenses or b/ if multiple attendees are unable to turn up due to weather and you turn up, we will pay an appropriate portion of your fee if we continue with the event. Remember this works both ways, so if you have a serious problem and cannot attend your booking, we will not charge you for our loss of revenue.
Models responsibility to us :
- If you cancel your booking within 7 days, without reasonable cause, you may be liable to pay us compensation for revenue lost if we can’t find a suitable replacement in time for the arranged event.
- I would appreciate it if you didn’t book another day event local to us within a week of appearing here, if you do I may cancel our booking at short notice without compensation. I refuse to entertain price/customer wars.
- If it becomes apparent that you have booked events with photographers who attend our events on either the day before or the day after the event we have booked with you, we may view this as being of conflicting commercial interest and cancel your booking, with no reimbursement, as our cancellation terms become null and void.
- If you decide to do a TFP shoot in our area within 24hours of working with us I will cancel your booking, I do not pay for your travel for you to work for free when I have to pay.
- We expect you to attend in a condition fit to fulfil your obligations and with the appropriate clothing. Failure to do so (e.g. you are obviously hung over from a night out) will result in you being sent away with no payment at all.
- You may bring a chaperone, they will be welcome to stay until we start shooting then they must leave, they can return again at lunchtime and then they must leave when we start shooting again, they can return and view images that have been taken during the day if they wish. We do not have hosting/waiting facilities available, during an event it is a place of business as well as my private accommodation. I am quite capable of looking after you having done this for many years.
PLEASE NOTE : We go to great lengths to advertise our events to ensure their success, our lengthy experience in this field has provided us with many insights regarding the feasibility of each event. If we feel that an event is not going to sell, we will, and reserve the right to, cancel the event. We will endeavour to give you as much notice as possible.
Models are expected to make efforts to advertise the event i.e. PurplePort link, FaceBook, Instagram etc. We will advertise the event well in advance, if sales are poor we will cancel the event in good time to enable you to re-book the time somewhere else, so it’s up to you to help sell the event to your fans/followers etc. Reasonable communications are expected for which we’ll need your mobile number – we do not pass your number to anyone!
We offer you accommodation and food for the evening before an event if you are travelling a distance (2 evenings if it’s a weekend event) my wife and I are very hospitable and have been doing this for 30+ years. Bearing in mind that this arrangement saves you a lot of money and ensures your safety and convenience, we will therefore expect a certain amount of respect back, we will not appreciate it if you take offers from other sources which ‘piggy-back’ our events, e.g. working with another photographer the night you are staying with us, or arranging to dump your stuff at ours then go out with someone for the evening, this we feel is rude and lacking manners and we will cancel your booking and your fee will not be paid. We cannot extend this hospitality to your friend or partner, it is not a hotel, of which there are many nearby should you wish to use them instead.
photographers and models advice, copyright and image usage :
Workshops, Courses and Instructional Events :
Models please note : Images taken by Mick Payton during a paid booking will belong to him by intellectual copyright law and will be available for your own use. Any such images may also be used for his commercial gain where they do not bring the model into disrepute and are in keeping with the models regular work genre. Other event organisers may use these images to advertise you as long as my copyright is not removed.
1/ Images taken whilst under instructional circumstances, i.e. workshops, courses and events involving teaching and/or instruction on my part or a visiting tutor cannot be used for anything other than personal use, promotional advertising or business advertising and must be displayed in the correct context of the nature of the image and it’s origin. excluding : paid photography instruction/workshops/studio events/and any other such paid events which constitute a conflict of business interest. Mis-representation of the origin of the image(s) and their intended use, mis-representation of the creator of said images and any such infringements, without permission being given, will lead to legal action being taking by my management. I’m not a mug.
1a/ Images may not be sold, passed on or reproduced for personal or business financial gain without a written agreement and a model release form signed.
1b/ Images will not be used where they may bring the model into disrepute or defamation of character and are in keeping with the models regular work genre and ethics.
Model Shoots and Events with no Instruction i.e. Portfolio Builder:
1/ Copyright will remain with the photographer.
2/ May be used for personal/business advertising, i.e. photographic services, excluding : paid photography instruction/workshops/studio events/and any other such paid events which constitute a conflict of business interest. Mis-representation of the origin of the image(s) and their intended use, mis-representation of the creator of said images and any such infringements, without permission being given, will lead to legal action being taking by my management. I’m not a mug.
3/ Re-sale and commercial sales use is allowed only with prior agreement, which is usually allowed, other than exceptional circumstances i.e. no images may be used under any circumstances for adult websites, dating sites, advertising connected with adult industries, illegal activities or circumstances affecting the good reputation of Mick Payton Studios or the model, or bringing the aforementioned into disrepute. A release form is usually advisable.
3a/ A release agreement must be discussed before and concluded after the shoot.
3b/ Images will not be used where they may bring the model into disrepute or defamation of character and are in keeping with the models regular work genre and ethics.
If you approach all this professionally there is never a problem! Agree everything with the model beforehand, sign it all off after the shoot – everyone is covered and happy, no comebacks, easy!
Intellectual Property (IP) results from the expression of an idea. So IP might be a brand, an invention, a design, a song or another intellectual creation. IP can be owned, bought and sold.
Intellectual property guide from the UK Copyright Service.
Ownership of copyright works Ownership of copyright works may depend on the circumstances under which the work was created as this section explains
Creator and first owner
The CREATOR of an original copyright work is usually the first owner.
In the case of written (including software and databases) theatrical, musical or artistic (including photographic) works, the author or creator of the work is also the first owner of any copyright in it. The only exception to this is where the work is made by an employee in the course of his or her employment. In some situations two or more people may be joint authors and joint owners of copyright.
Works created for an employer
The same rule does not apply for works created by an employee in the course of his employment.
For some works the rule governing commissioned works changed in 1989.
A single work may be created and owned by more than one person.
Model release forms :
- An individual has certain rights to control the use of their image. The specific details will vary from one country to another depending on national legislation, although the general rule seems to be to protect a person against defamatory or offensive use of their image.If you intend to sell or distribute images that include people, then it is worth getting your subjects to sign a model release form as this will protect you against any comeback.
- A search on Google for ‘Model Release Forms’ should reveal a number of example documents that you can use.