for models - mick payton studios

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, they protect you as well as me! Our aim is to provide a top quality experience with return business!

MODEL SAFETY STATEMENT :

I cannot be expected to know the character and background of all attendees, so if there are any photographers you have a personal problem with, let me know and I’ll make sure they are not here. Should they be considered a danger, if they are registered with my studio I WILL remove them from my register immediately!

PLEASE NOTE : I have a thyroid problem which can cause me anxiety and make me a bit blunt at times, no offence is intended so please be tolerant.

If you don’t like our styles of photography, please do not accept a booking as I don’t feel it’s in our mutual best interests – thank you.

You must not, unless permission is given by myself or Jessica, (MUA) record, video or photograph her products or makeup processes, or my lighting and setup, at any time.

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, neither will they be able to attend the event – unless your age dictates the need for a parent or guardian. Alternatively, there are B&B’s close by at your own expense.

I will make every attempt to sell our workshops that you are booked for, your help is expected and appreciated. If we cannot sell enough places to make the workshop viable, I will give you adequate notice of no less than 14 days.

If you are linked to another studio, i.e. as a resident model, or you operate your own events/remote shoots, it is very un-professional to canvas clients that you meet at my studio for other events/venues. Should you do so, bearing in mind that I have worked hard for years to establish my business, I may stop our event and may take legal action to re-coup my lost revenue from you. To be honest, if you host your own events at your own venue, I’ll probably not hire you.

Discussing upcoming events, bookings and places at other studios, while you are here, is unprofessional – so please avoid doing this.

We cannot be held responsible for any cancellations, including last-minute, due to Covid19 or adverse weather conditions. Please make sure you read the T’s&C’s – they’re for everyone’s benefit!

Model Bookings – Our responsibility to you :

Cancellations : If we cancel your booking as a model, you may be entitled to :

Cancellation within 14 days – reimbursement of travel expenses incurred i.e. train tickets
Cancellation within 7 days – half the booking cost without travel expenses.
Cancellation within 3 days – the full booking cost without travel expenses.

General :

We will treat you respectfully and with courtesy at all times, you will be welcome in our home as a friend and colleague.
We encourage your input during, before and after our events to enable us all to have an enjoyable experience and get excellent images.
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.
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, implied and boudoir, it does not mean tasteless 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, neither will they be able to attend the event, unless agreed beforehand, or your age dictates the need for a parent or guardian. Alternatively, there are B&B’s close by at your own expense.
I do not pay deposits, I have to trust you so you will have to trust me, I’ve been doing this long enough for my reputation to support me.
In the interests of forming a good working relationship I would like to, wherever possible, have a phone conversation to discuss the organisation and operation of the event, including reaching an approximate agreement on styles, clothes etc., this is to help us both form a good team and ensure that we all have an enjoyable event. There are many models that you can contact to justify the usefulness of this, should this not be welcome then please do not accept the booking.

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, or 6 below) will result in you being sent away with no payment at all.
must agree to supply a recent, up to date, un-retouched headshot and clothed body shot showing your figure.
You may bring a chaperone, take note that 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. Images MAY NOT be used for adult based websites, or to advertise websites, such as OnlyFans, without prior aggreement with the photographer.
As you are being paid for your services, the attendees are entitled to use the images as they see fit, including for personal advertising via social media/ website/ unpaid online publications, providing that they are in keeping with your normal genre and don’t bring you into disrepute. They may not be used for any paid commercial use without prior agreement, profits of which should not be more than 50% paid to either party.
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 enable 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 or old 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.
In the interests of forming a good working relationship I would like to, wherever possible, have a phone conversation to discuss the organisation and operation of the event, including reaching an approximate agreement on styles, clothes etc., this is to help us both form a good team and ensure that we all have an enjoyable event. There are many models that you can contact to justify the usefeullness of this, should this not be welcome then please do not accept the booking.
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, and what we can form a team to produce, for the event and the attendees, they are the paying clients.
If I feel that our communications are not condusive to a satisfactory and productive experience for all involved, I reserve the right to cancel our booking giving no less than 7 days notice, without any payment being due under my terms and conditions of notice. This is without malice and is not intended to insult, demean or be offensive to either of us, sometimes things just don’t work out as we would wish and no details will disclosed to 3rd parties or social media.

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.

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).

Running workshops is hard enough, allowing for alpha males and ego’s is the toughest part! Please, sit back, contain yourself and let me get on with it, thanks! Refining my workshops for many years has helped to provide a fair and satisfactory event, representing good value for money. Following these guidelines will help :

Photographer and Model Satisfaction:

Suggested Code of Conduct updated 12th February 2023

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 Suggested Code of Conduct.
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 guidelines, which are all pretty self-explanatory and generally just good professional etiquette:

You are all decent, respectable people, this suggested code will be second nature to you, so that everyone has equal opportunity and a good event.

Please treat the model with courtesy and respect at all times. Visiting the models social media and PurplePort profiles will help you to be aware of her levels, this will avoid any uncomfortable moments. If you are in doubt, ask me on the day and I’ll consult our model.
Unless the model initiates it or invites you to do so, ‘hugging’, ‘kissing’, ‘touching’, or invading the model’s personal space is to be avoided.
Flirting, discussing romantic matters or being sexually suggestive with the model(s), whether overtly or through the use of innuendos (double meanings) is not necessary.
The model, at her/his discretion, may choose to give you their contact details; pressing for details over and above those provided just makes everyone uncomfortable.
Contacting the model before the event to ask for specific clothes, props, hair styles or make up is to be avoided, it’s a group event not a personal one2one booking. For a co-ordinated request from all, please pass any requests through me.
Any model or photographer that feels threatened, uncomfortable or unsafe as a result of anything, or anyone at the event, please refer the matter to me as it may be a simple misunderstanding; if needs be, we will take further action against any offender.
Please treat each other with courtesy and respect; leave your ego at home. Please and 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, speak to me – it’s my responsibility.
Each photographer shall be given time to establish the correct exposure, then 1-2 shots to check the result and correct before their time starts. If you are not sure of your camera settings or anything else, please ask – I’m happy to help and want you to have the best possible experience.
Photographers will normally have timed one2one slots with our model. Please respect the photographer’s allocated time and avoid taking 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 will be clearly highlighted.
Time begins when the photographer has confirmed correct exposure and ‘engages’ the model, either by instruction, or by taking shots. This will prevent people speaking for 5 minutes before their shoot begins. Timed one2one’s are described as ‘time in interaction with the model’ – not ‘time pressing the shutter’.
Asking for ‘just one more shot’ at the end of your allocated slot is not allowed – it eats into everybody else’s time slot and is therefore unfair to your fellow photographers.
After your time is up, you can show the model your images for 1 minute while the next person is getting ready to start. You will have plenty of additional time during the event to get feedback on your images, from your model, as we understand that this feedback is important.
There will be more than one opportunity to shoot the arranged set-up as we will have several turns, this gives you chance to assess your images and refine them for your next turn.
While we are discussing the next set-up, the model will be included in this discussion and therefore avoid distracting or asking her to do ‘a couple more shots’ for one person, or showing pictures. We all shoot together or not at all.
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 subject to our care and hospitality. In the unlikely event of you having a problem with the model, please refer the matter to us; it is my resposibilty.
More than one person giving information is confusing and not productive, so please give me priority, I don’t need an assistant, I do my best to have knowledge on hand and work hard at providing this experience, please treat me with respect by avoiding talking over me. If someone asks for your input then by all means give it.
Our models safety and welfare are my responsibility while she’s here, and my concern while she’s travelling. Should you be able to offer the model a lift, approach me not our model, and I will organise it.
As we don’t want the models time taken up with showing off your image gallery on your phone, avoid doing this unless it is a pose you’d like to use for inspiration.
Avoid using your mobile phone whilst I’m addressing everyone, it’s very rude and dis-respectful. Should you need to use your phone, please leave the studio.
Props : Remember this is a group not an individual event, I’m trying to find a way to be fair to everyone regarding props, so let’s try this for now – you may use props as long as the model doesn’t have to change her clothing and it is done in your own allocated time.
Models and Photographers : Discussing upcoming events, bookings and places at other studios, while you are here, is unprofessional – so please avoid doing this.

Generally:

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 paid commercial use of images, other than for personal advertising via social media/ website/ unpaid online publications, 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 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. Images MAY NOT be used for websites, or to advertise websites, such as OnlyFans, without prior aggreement with the photographer.

2/As you are being paid for your services, the attendees are entitled to use the images as they see fit, including for personal advertising via social media/ website/ unpaid online publications, providing that they are in keeping with your normal genre and don’t bring you into disrepute. They may not be used for any paid commercial use without prior agreement.

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: IF YOU DO NOT WISH TO ABIDE BY OUR MODEL RELEASE TERMS 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.

Commissioned works
For some works the rule governing commissioned works changed in 1989.

Joint authors
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.