Mick Payton Studios : Models – by accepting your booking you accept our terms and conditions of your contract to us – so please read them, they will help you to fit in and get the best from the day! Our aim is to provide a top quality experience with return business!
COVID AND US
MODELS : You are now able to get free Rapid Covid Test Packs from English and Welsh Government facilities as you are not able to work from home. You will be required to bring a test with you and administer the test here, before we start the event. If you are positive the booking will be cancelled with no payment made to you, it’s your responsibility to ensure your health. Due to these uncertain times and exceptional circumstances, where lockdown and travel restrictions can bring an abrupt stop to our events, we cannot accept any responsibility or liability for last minute cancellations, this will lead to our T’s&C’s regarding cancellation being void, under these circumstances no payment will be made to cancelled models. You must also conform to the Govt. rules on travel and Covid restrictions in general.
Model Bookings – Employers Liability – according to HM Govt. you are classed as a contractor because :
- You provide most of your own accessories for the job of modelling
- You are clearly in business for own own personal benefit
- You do not work exclusively for me as you operate as an independent contractor.
- We do not deduct or pay your income tax or national insurance
- You must invoice me for payment as a total sum including any expenses as previously agreed
- You can employ a substitute when you are unable to do the work yourself
- I do not provide and am not obliged to provide you with regular work
- Your services are contracted to me to do the agreed one time job advertised, for a fixed and invoiced amount
- You are an independant contractor
This means that you are NOT covered by our employers liabilty – you should provide your own insurance as a self employed worker/ contractor, however we do have public liability insurance.
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. c/ if weather prevents the event taking place we will re-schedule to the nearest day with no compensation except: any out of pocket pre-paid travelling expenses will be reimbursed. Remember this works both ways, so if you have a serious weather problem and cannot attend your booking, we will not charge you for our loss of revenue.
- Under no circumstances will you be asked to do anything that infringes upon your chosen levels – meaning fashion, topless, implied etc. – we are primarily fashion based and although this encompasses lingerie and boudoir, it does not mean glamour.
- You will not be supervised as we expect you to be able to do the work you quoted for, I will however, exercise artistic control at times to ensure production of quality images
- If you are travelling a long way, we are prepared to offer you accommodation and meals free of charge, there are many models that have stayed with us over the last 40 years so feel free to contact them for references. This courtesy does not extend to partners or other people accompanying you.
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 24 hours 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.
- If you book an event at a studio local to me, within 1 month of working here, that constitutes a conflict of business interest, I’ll cancel our booking as this contravenes our Terms and conditions, these are available to view on our website. I’m quite happy to pay you the same rate as you charge other studios in my area and no more than this!
- MODELS PLEASE NOTE : as you are being paid for contracting your service to us, myself or attendees are not obliged to send you any images, although they may do so out of good will it is not a requirement.
- In response to the recent trend of using our workshops to promote your sponsors/ brands, this practice is not allowed in our terms and conditions, you are being paid for your time and you may not use images from these workshops to promote sponsors and brands – let them pay us for use of images like everyone else does.
- You must not, and are not entitled to, under any circumstances, remove copyright or watermark details from, edit, or alter in any way, images supplied to you by any photographer on our workshops, including myself, without written permission
- Should you alter or change the conditions or terms of your services within 21 days of the event, or after the booking has been agreed, I reserve the right to cancel your services with no compensation.
- You should provide, when asked, unretouched images of yourself, face and figure (clothed but showing figure is adequate) to anable me to assess your suitability.
- You are obliged to turn up in a suitable condition for being photographed i.e. hair clean and tidy, nails clean and well presented, not mis-represented by over re-touched images. If you fall short of these requirements, which you are being well paid for and are basic standards for professional models (meaning paid to do the job and expected to maintain a standard appropriate) I reserve the right to dismiss your services without payment.
- Please remember that you are contracted to me to do a specific job, which you quoted for and was discussed in detail. It’s not about what you want – although I will take that into account – it’s about what I want for the event and the attendees, they are the paying clients.
Code of Conduct updated 12th Feb 2019 – this applies to everyone so please read!
My primary aim is to provide a first class experience for all so that everybody goes away more than satisfied and would happily book or recommend future events. To this end I have consulted with a number of model and photographer attendees, as well as drawing upon my own extensive experience of model photography (37 years as a pro working for most of the UK’s top agencies amongst other clients) and running similar events, to put together a Code of Conduct which can be found further down the page.
I appreciate that we’re all different and whilst some of us are outgoing and confident, others are more reserved. The Code will hopefully engender a spirit of mutual respect and fair treatment for all, resulting in a smooth running, productive and enjoyable event, with the model(s) feeling comfortable and all photographers receiving equal time and contact with the model(s).
The Code consists of the following ‘Do’s’ and ‘Don’ts’, which are all pretty self-explanatory and generally just good professional etiquette:
Model Comfort and Safety:
- Please do treat the model with courtesy and respect at all times.
- Please don’t ‘hug’, ‘kiss’, ‘touch’, or invade the model’s personal space unless the model initiates it or invites you to do so.
- Please don’t attempt to flirt, discuss romantic matters or be sexually suggestive with the model(s), whether overtly or through the use of innuendos (double meanings).
- The model, at her/his discretion, may choose to give you their contact details; please don’t press for details over and above those provided.
- Please don’t contact the model before the event to ask for specific clothes, props, hair styles or make up. For a co-ordinated request from all, please do pass any requests through me.
- Any model that feels threatened, uncomfortable or unsafe as a result of anything or anybody at the event, please do refer the matter to me as it may be a simple misunderstanding; if needs be, we will take further action against any offender.
- Please do treat each other with courtesy and respect; don’t act macho. Do support and help each other – it’s a team effort, not a competition.
- In the unlikely event that you have a problem with someone or something, do speak to me – don’t take action yourself.
- Each photographer shall be given time to correct exposure, then 1 shot to check the result before their time starts. Please do so, thus ensuring that your time is fully usable.
- If you are not sure of your camera settings or anything else, please do ask – I’m happy to help and want you to have the best possible experience.
- Each photographer will normally have timed one2one slots with our model. Please respect the photographer’s allocated time and do not take shots from the side-lines or over their shoulders. When applicable, such as fashion on location, there may be times when a number of photographers shoot at the same time; these instances shall be clearly highlighted.
- Please do not ask for ‘just one more shot’ at the end of your allocated slot – it eats into everybody else’s time slot and is therefore unfair to your fellow photographers.
- In addition to your allocated 1:2:1 time, you can choose to seek feedback from your model for a short time if you wish, thus enabling you to adjust your framing, posing, composition. This would be 1 minute.
- Please do not ask to take photo’s of the model during her break or lunch.
- As the models are paid by us (Mick Payton Studios), they are considered to be our ‘employees’ and subject to our care and hospitality. In the unlikely event of you having a problem with the model, please do refer the matter to us; do not try to address it with the model directly.
- Please do not try to be my assistant or try to tutor unless I ask, more than one person giving information is too confusing and not productive. If someone asks for your input then by all means give it.
- Please do not offer models lifts or transport without first consulting me, her safety and welfare are my responsibility while she’s here, and my concern while she’s travelling.
- I do care about your experience and try to shape future events on the feedback and recommendations of attendees. If anybody has any problems with any aspect of their day here, or has any ideas for future improvements, please do feel free to share them with me.
- I do try to continually improve and resolve any issues that may arise amicably and sensitively and your assistance in this regard would be much appreciated. The last thing I want is anybody leaving an event dissatisfied and feeling that the only way they can voice their complaint is over the internet or on social media – please don’t put either of us through a ‘trial by Facebook’.
- I will only pick up my camera when specifically needed e.g. a demonstration – maybe about working with your model.
- Any commercial use of images, whether paid or unpaid, other than for personal advertising via social media/ website, must be agreed by both model and photographer. i.e. T-Shirts, night club flyers, designers websites and printed advertising. Use on websites such as ‘Only Fans’ is not allowed for my images, however attendees may have a different approach.
Terms and Conditions :
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, or want any jurisdiction in this as it is always the studio that pays the model.
MODELS PLEASE NOTE :
1/as you are being paid for your service, myself or attendees are not obliged to send you any images, although they may do so out of good will it is not a requirement.
2/In response to the recent trend of using our workshops to promote your sponsors/ brands, this practice is not allowed in our terms and conditions, you are being paid for your time and you may not use images from these workshops to promote sponsors and brands – let them pay us for use of images like everyone else does.
3/ you may not use my images for websites such as OnlyFans – this is not allowed!!
4/ you are obliged to turn up in a suitable condition for being photographed i.e. hair clean and tidy, nails clean and well presented, not mis-represented by over re-touched images.
A Model Release Form : PLEASE NOTE: YOU MAY BRING YOUR OWN MODEL RELEASE FORM and this must be produced for approval by myself at least 21 days before the event. As this is already included as part of our T’s & C’s, our terms take overriding preference so make sure you read them. Models/ photographers are not obliged to sign a release after the event has finished. Any resulting disagreements after the event are between the model and the photographer and we will attempt to mediate but we are not legally resposible in any way.
A model release form 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/agreement signed by the photographer and the model, 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, including wording of hashtag (#) use i.e #sexybitch
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.
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, upon verbal agreement, 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 : other parties 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.