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STANDARD TERMS AND CONDITIONS

Effective Date: August 6, 2026

These Standard Terms and Conditions (“Terms”) are incorporated into and made part of every Photography Services Agreement (“Agreement”) entered into between Rodney Mickle, doing business as Mickle Design Werks (“Photographer”) and the individual or entity identified as the Client or Model (“Client”). Collectively, Photographer and Client are referred to as the “Parties.”

By signing the Photography Services Agreement, the Client acknowledges that they have read, understood, and agree to be legally bound by these Terms.

If the Client is under eighteen (18) years of age, a parent or legal guardian must sign the Agreement and assumes all obligations on the minor’s behalf.

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1. DEFINITIONS

For purposes of these Terms, the following definitions apply.

1.1 Agreement

The Photography Services Agreement executed by the Parties, including these Standard Terms and Conditions and any attached schedules, addenda, invoices, or amendments.

1.2 Assignment

The photography session, consultation, event, or other services described in the Agreement.

1.3 Client

The individual or legal entity purchasing photography services. When applicable, “Client” also refers to the photographed Model.

1.4 Model

Any person photographed or recorded during an Assignment.

1.5 Photographer

Rodney Mickle, doing business as Mickle Design Werks, including authorized assistants, second photographers, contractors, and employees acting within the scope of the Assignment.

1.6 Images

All photographs, digital files, negatives, transparencies, RAW files, video recordings, audio recordings, drone footage (if applicable), and all derivative works created during the Assignment.

1.7 Proofs

Unedited preview images provided solely for review and image selection. Proofs remain unfinished work product and may not be copied, distributed, edited, or published.

1.8 Final Images

Professionally edited Images delivered by Photographer as the completed work product.

1.9 Deliverables

The photographs, prints, albums, digital files, videos, or other products specifically identified in the Agreement.

1.10 Trade (TFP)

A collaborative arrangement in which photography services and modeling services are exchanged without monetary payment. Compensation consists solely of the Deliverables identified in the Agreement.

1.11 Barter

An exchange of photography services for goods or services of equivalent value as described in the Agreement.

1.12 Commercial Use

Any use intended to generate revenue, advertise products or services, promote a business, or support a commercial enterprise.

1.13 Personal Use

Private use that is not intended to generate income or promote a commercial activity.

1.14 Media

All forms of media now known or later developed, including print, digital, electronic, broadcast, social media, websites, streaming platforms, advertising, and artificial intelligence systems where expressly authorized by this Agreement.

1.15 Copyright

All copyrights and intellectual property rights recognized under United States copyright law.

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2. PHOTOGRAPHY SERVICES

Photographer agrees to perform the services described in the Agreement using professional skill, judgment, and artistic discretion.

Photographer retains complete creative control over:

  • Composition
  • Lighting
  • Camera equipment
  • Posing
  • Styling recommendations
  • Editing techniques
  • Color grading
  • Retouching methods
  • Image selection
  • Final artistic presentation

Client acknowledges that photography is an artistic service and agrees that Photographer’s creative judgment is final.

Photographer is not required to produce any specific image unless expressly stated in writing.

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3. BOOKING AND RESERVATION

A session is not reserved until all of the following have been received:

  • Signed Photography Services Agreement
  • Required retainer or booking fee
  • Any required permits or location approvals
  • Any required identification or releases

Photographer may decline to reserve a date until all required documentation and payments have been received.

Unless otherwise stated in writing, booking fees are non-refundable and compensate Photographer for reserving the scheduled date and declining other work.

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4. PAYMENT

Payment shall be made according to the schedule stated in the Agreement.

Accepted payment methods include those identified on the invoice.

Unless otherwise agreed:

  • Booking Fee: Due upon signing.
  • Remaining Balance: Due no later than the day of the Assignment.
  • Additional Products: Due before production begins.

Photographer has no obligation to begin editing or deliver any Images until all outstanding balances have been paid in full.

Returned checks, chargebacks, or reversed electronic payments shall be treated as non-payment.

Client is responsible for any bank fees or payment processing fees resulting from failed or disputed payments.

Late balances may accrue interest at the maximum rate permitted under Maryland law.

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5. TRADE (TFP) AND BARTER ASSIGNMENTS

When the Assignment is designated as Trade or Barter:

The Deliverables listed in the Agreement constitute full compensation.

Photographer is not obligated to deliver RAW files, unedited Images, or additional edited Images beyond those specifically included in the Agreement.

Unless otherwise agreed in writing:

  • Edited images will be delivered within thirty (30) days.
  • Photographer determines which images meet professional quality standards.
  • Images not selected for delivery may be permanently discarded.

Trade assignments do not create an employment relationship or partnership between the Parties.

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6. CLIENT RESPONSIBILITIES

Client agrees to:

  • Arrive on time.
  • Cooperate with Photographer during the Assignment.
  • Obtain all necessary permissions for locations.
  • Obtain permission from any property owner when required.
  • Secure any permits required by law.
  • Ensure all participants behave safely and respectfully.
  • Notify Photographer of any accessibility needs before the session.

Photographer is not responsible for delays caused by:

  • Traffic
  • Weather
  • Venue restrictions
  • Uncooperative participants
  • Equipment restrictions imposed by venues
  • Government actions
  • Acts of God
  • Circumstances beyond Photographer’s reasonable control

Time lost due to Client delays counts toward the scheduled session time.

7. IMAGE DELIVERY

7.1 Delivery Schedule

Photographer will use commercially reasonable efforts to deliver all Deliverables within the timeframe stated in the Photography Services Agreement.

Unless otherwise stated in writing:

  • Portrait, boudoir, branding, and headshot sessions: within 30 calendar days.
  • Weddings and large events: within 8 weeks.
  • Commercial assignments: as specified in the Agreement.

Delivery dates are estimates and are not guaranteed unless expressly stated in writing.

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7.2 Delivery Method

Final Images may be delivered by one or more of the following methods:

  • Secure online gallery
  • Digital download
  • USB drive (if purchased)
  • Cloud storage
  • Printed products
  • Album delivery
  • Other mutually agreed method

Photographer may determine the most appropriate delivery method.

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7.3 Completion of Delivery

Delivery is considered complete when Photographer has made the Deliverables available through the agreed delivery method.

Photographer is not responsible for delays caused by:

  • Internet outages
  • Email filtering
  • Incorrect email addresses
  • Download failures caused by Client equipment
  • Lost or damaged storage devices after delivery

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7.4 Client Inspection

Client shall inspect all Deliverables promptly upon receipt.

Any technical defects must be reported within seven (7) calendar days after delivery.

Failure to provide written notice within this period constitutes acceptance of the Deliverables.

Artistic preferences—including composition, posing, expressions, lighting, cropping, color grading, or editing style—are not considered defects.

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8. PROOFS AND IMAGE SELECTION

8.1 Proof Galleries

When included in the Agreement, Photographer may provide an online proof gallery for image review and selection.

Proof galleries exist solely to allow Client to select Final Images.

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8.2 Ownership of Proofs

Proofs remain the exclusive property of Photographer.

Proofs are unfinished work product and are not licensed for use.

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8.3 Prohibited Use of Proofs

Client shall not:

  • Download screenshots
  • Copy images
  • Remove watermarks
  • Edit proofs
  • Publish proofs
  • Print proofs
  • Share proofs publicly
  • Submit proofs for publication

Unauthorized use constitutes copyright infringement.

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8.4 Photographer’s Selection

Unless the Agreement specifically provides for Client image selection, Photographer shall determine which Images are edited and delivered.

Photographer is not required to deliver every image captured during the Assignment.

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9. FILE RETENTION

Photographer will retain delivered digital files for twelve (12) months following delivery unless otherwise stated in writing.

After this period, Photographer may permanently delete:

  • RAW files
  • Proofs
  • Edited Images
  • Video footage
  • Backup copies

Client is responsible for creating and maintaining personal backups immediately upon delivery.

Photographer is not responsible for data loss occurring after the retention period.

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10. COPYRIGHT

All Images created by Photographer are protected under the United States Copyright Act (17 U.S.C. §101 et seq.).

Photographer is and shall remain the sole owner of all copyrights and intellectual property rights in the Images unless expressly transferred in a written agreement signed by Photographer.

No copyright ownership transfers to Client through payment for photography services.

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10.1 No Work Made for Hire

Unless expressly stated in a separate signed written agreement, all photography services are commissioned works and are not “works made for hire.”

Payment grants only the license expressly described in these Terms.

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10.2 RAW Files

RAW files, negatives, original video footage, editing project files, and other source materials remain Photographer’s exclusive property.

Photographer has no obligation to deliver RAW files unless expressly stated in writing.

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11. IMAGE LICENSES

Client receives only the license specifically identified in the Photography Services Agreement.

All other rights are reserved by Photographer.

Licenses are non-exclusive, non-transferable, and revocable upon material breach of the Agreement.

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11.1 Personal Use License

Unless otherwise specified, Client receives a Personal Use License allowing:

  • Personal printing
  • Personal albums
  • Home display
  • Password-protected galleries
  • Personal cloud storage
  • Sharing with family and friends
  • Personal social media accounts

Client may not:

  • Sell Images
  • License Images
  • Enter Images into commercial contests
  • Advertise products or services
  • Submit Images for publication
  • Transfer usage rights to another person or business

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11.2 Self-Promotion License

When purchased or granted, Client may use Images for self-promotion including:

  • Professional portfolio
  • Personal website
  • Modeling portfolio
  • Acting portfolio
  • Business biography
  • LinkedIn profile
  • Personal branding
  • Social media

Images may not be used to advertise third-party products or services without Photographer’s written consent.

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11.3 Limited Commercial License

A Limited Commercial License permits use for the specific commercial purpose described in the Agreement.

Examples include:

  • Magazine editorial
  • Company website
  • Product advertising
  • Marketing brochures
  • Trade publications
  • Promotional campaigns

Any use outside the stated scope requires an additional written license.

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11.4 Commercial License

A Commercial License grants broader commercial rights specifically identified in the Agreement.

Unless expressly transferred in writing:

  • Copyright remains with Photographer.
  • Client receives only licensed usage rights.
  • Photographer retains the right to display Images in portfolios, exhibitions, competitions, advertising, educational presentations, and promotional materials unless otherwise agreed.

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12. IMAGE ALTERATIONS

To preserve Photographer’s artistic reputation, Client shall not:

  • Apply filters
  • Change colors
  • Replace backgrounds
  • Remove watermarks
  • Add graphics
  • Retouch Images
  • Use AI enhancement software
  • Create derivative works

without Photographer’s prior written consent.

Reasonable cropping for framing or social media formatting is permitted.

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13. SOCIAL MEDIA

Photographer encourages Clients to share Final Images on social media.

When reasonably practical, Client agrees to credit Photographer by tagging:

Mickle Design Werks

or another account designated by Photographer.

Client shall not:

  • Remove embedded copyright information.
  • Claim authorship.
  • Sell digital copies through social media platforms.

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14. ARTIFICIAL INTELLIGENCE (AI)

Client may not upload, submit, train, fine-tune, or otherwise use Photographer’s Images with any artificial intelligence, machine learning, generative AI, or similar technology for training, synthesis, style transfer, image generation, or derivative creation without Photographer’s prior written consent.

This restriction includes, but is not limited to:

  • AI image generators
  • AI editing software
  • Dataset creation
  • Machine learning training
  • Facial recognition systems
  • Synthetic media generation

Photographer likewise agrees not to use Images depicting Client for AI training or dataset creation except with Client’s express written authorization or where otherwise permitted by law.

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15. COPYRIGHT NOTICE

Where practical and customary, Client shall not remove copyright metadata or copyright notices embedded in digital files.

Photographer may include:

  • Copyright metadata
  • IPTC information
  • Digital watermarking
  • Digital signatures
  • Copyright notices

Removal or alteration of copyright management information may violate applicable federal law.

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16. MODEL RELEASE

16.1 Grant of Rights

By signing the Photography Services Agreement, Client and/or Model grants Photographer and Photographer’s authorized representatives a perpetual, worldwide, royalty-free license to use Images created during the Assignment for the purposes and uses specifically authorized in the Agreement.

This authorization includes the right to:

  • Display Images in Photographer’s portfolio.
  • Display Images on Photographer’s website.
  • Use Images for promotional and marketing purposes.
  • Submit Images for professional competitions, exhibitions, publications, or educational purposes.
  • Promote Photographer’s business.

Any commercial use beyond Photographer’s self-promotion requires the applicable Commercial License or additional written permission.

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16.2 Ownership and Copyright

Client acknowledges and agrees that:

  • Photographer owns all copyrights in the Images.
  • Client has no ownership interest in the Images unless transferred through a separate written copyright assignment.
  • Payment for photography services does not transfer copyright ownership.

Client waives any claim for ownership, royalties, accounting, or additional compensation unless specifically provided in writing.

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16.3 No Approval Rights

Unless otherwise agreed in writing, Client waives the right to:

  • Inspect or approve final Images.
  • Approve captions, accompanying text, advertisements, or promotional materials.
  • Control Photographer’s artistic presentation of Images.

Photographer agrees not to knowingly use Images in a manner that is defamatory, unlawful, or intentionally harmful to Client’s reputation.

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17. PRIVACY AND CONFIDENTIAL PHOTOGRAPHY SESSIONS

17.1 Confidential Sessions

For assignments involving private, intimate, boudoir, implied nude, or sensitive photography, Photographer recognizes the importance of privacy and discretion.

Photographer agrees to:

  • Keep Client information confidential.
  • Store Images securely.
  • Limit access to authorized persons.
  • Avoid public display of sensitive Images unless authorized under the Agreement.

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17.2 Private Gallery Option

Client may request that Images be delivered through a private, password-protected gallery.

A private gallery does not automatically prevent Photographer from using Images for purposes authorized under the selected license.

If Client requires that Images remain completely private and not used for portfolio, marketing, publication, or promotional purposes, Client must purchase or request a Private Use Only License.

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17.3 Third-Party Access

Photographer may allow limited access to Images or production materials to:

  • Professional editors
  • Printing laboratories
  • Album designers
  • Backup service providers
  • Authorized assistants

Such access is limited to completing the Assignment.

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18. SENSITIVE AND ADULT-ORIENTED CONTENT

18.1 Artistic Photography

Client acknowledges that photography may include artistic, sensual, implied nude, boudoir, glamour, or intimate themes when specifically agreed upon.

Client maintains the right to decline any pose, concept, wardrobe request, or image use that was not agreed upon.

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18.2 Explicit Content Restriction

Unless separately agreed in writing, Photographer will not create, publish, sell, license, or distribute content depicting:

  • Graphic sexual activity.
  • Explicit sexual acts.
  • Pornographic material.

For purposes of this Agreement, pornography means sexually explicit content primarily intended for sexual gratification rather than artistic, commercial, editorial, or personal expression.

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18.3 Client Comfort and Consent

Client may stop any portion of a session at any time if they feel uncomfortable or unsafe.

Photographer agrees to maintain a professional environment and respect reasonable boundaries throughout the Assignment.

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19. CLIENT CONDUCT

Client agrees to maintain professional and respectful conduct during all interactions with Photographer, assistants, vendors, and other participants.

Photographer may terminate a session immediately if Client or any participant:

  • Engages in harassment.
  • Creates an unsafe environment.
  • Threatens Photographer or staff.
  • Violates agreed boundaries.
  • Appears impaired by drugs or alcohol.
  • Engages in unlawful conduct.

If Photographer terminates a session due to Client conduct, all fees remain earned and non-refundable.

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20. ASSISTANTS AND THIRD PARTIES

Photographer may utilize assistants, contractors, editors, or other professionals to complete the Assignment.

Unless specifically agreed otherwise:

  • Photographer retains discretion regarding personnel.
  • All assistants operate under Photographer’s direction.
  • Photographer remains responsible for the contracted services.

Client must notify Photographer in advance regarding any additional persons attending the session.

Photographer reserves the right to limit attendance when additional persons interfere with the creative process, privacy, or safety of the Assignment.

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21. CANCELLATION AND RESCHEDULING

21.1 Client Cancellation

If Client cancels an Assignment:

  • The booking fee/retainer is non-refundable.
  • Photographer may retain payments already received.
  • Additional payments may be required to reschedule.

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21.2 Rescheduling

Photographer will make reasonable efforts to accommodate one rescheduled session when sufficient notice is provided.

Rescheduling is subject to:

  • Photographer availability.
  • Applicable fees.
  • New agreement terms if services or pricing have changed.

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21.3 Photographer Cancellation

If Photographer must cancel due to circumstances within Photographer’s control, Photographer will:

  • Offer a rescheduled date, or
  • Provide a refund of amounts paid for services not performed.

Photographer’s maximum liability is limited to the amount actually paid by Client.

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22. FORCE MAJEURE

Photographer is not responsible for failure or delay in performing services caused by circumstances beyond reasonable control, including:

  • Severe weather.
  • Natural disasters.
  • Illness.
  • Injury.
  • Government restrictions.
  • Venue closures.
  • Acts of terrorism.
  • Equipment failure despite reasonable maintenance.
  • Internet or technology failures.

In such circumstances, Photographer and Client will make reasonable efforts to reschedule or determine an appropriate alternative.

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23. LIABILITY AND INDEMNIFICATION

23.1 Limitation of Liability

Photographer’s total liability arising from this Agreement shall not exceed the amount actually paid by Client under the Agreement.

Photographer shall not be liable for:

  • Lost profits.
  • Lost opportunities.
  • Emotional distress damages.
  • Consequential damages.
  • Incidental damages.

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23.2 Equipment Failure

Photographer maintains professional equipment and backup procedures.

However, Client acknowledges that photography involves technical risks, including:

  • Equipment malfunction.
  • Data corruption.
  • Lighting failure.
  • Storage failure.

If unforeseen circumstances prevent delivery of Images, Photographer’s responsibility is limited to refunding amounts paid for services not completed.

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23.3 Indemnification

Client agrees to defend, indemnify, and hold harmless Photographer from claims, damages, liabilities, or expenses arising from:

  • Client’s breach of this Agreement.
  • False information provided by Client.
  • Unauthorized use of Images.
  • Violation of third-party rights.
  • Unsafe conduct by Client or Client’s guests.

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24. PROPERTY AND LOCATION RESPONSIBILITY

Client is responsible for obtaining permission for any location, property, artwork, trademark, or third-party material included in the Assignment unless Photographer has agreed in writing to obtain such permissions.

Client shall protect Photographer from claims resulting from unauthorized use of Client-selected locations or materials.

25. BREACH OF AGREEMENT

25.1 Material Breach

A material breach occurs when either Party fails to comply with a significant obligation under this Agreement, including but not limited to:

  • Failure to make required payments.
  • Unauthorized use of Images.
  • Violation of copyright or licensing restrictions.
  • Failure to provide required releases or permissions.
  • Failure to comply with privacy obligations.
  • Conduct that prevents completion of the Assignment.

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25.2 Notice of Breach

The non-breaching Party shall provide written notice describing the alleged breach and, when applicable, provide a reasonable opportunity to correct the breach.

Immediate action may be taken when the breach involves:

  • Copyright infringement.
  • Unauthorized commercial use.
  • Distribution of restricted Images.
  • Threats to safety.
  • Illegal conduct.

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26. UNAUTHORIZED USE OF IMAGES

26.1 Termination of License

Any use of Images outside the license granted in this Agreement automatically terminates Client’s license rights.

Upon notice from Photographer, Client shall immediately:

  • Stop using the unauthorized Images.
  • Remove Images from websites, social media, advertisements, and other platforms.
  • Cease distribution of unauthorized copies.

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26.2 Unauthorized Commercial Use

If Client uses Images commercially without authorization, Photographer may seek compensation including:

  • Additional licensing fees.
  • Actual damages.
  • Statutory damages where applicable.
  • Costs associated with enforcement.

Unauthorized use does not create ownership rights in favor of Client.

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26.3 Withholding of Deliverables

If Client materially breaches this Agreement, Photographer may suspend:

  • Editing services.
  • Image delivery.
  • Product fulfillment.
  • Additional services.

Photographer’s obligations resume only after the breach has been resolved.

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27. DISPUTE RESOLUTION

27.1 Good Faith Resolution

The Parties agree to first attempt to resolve disputes through good-faith communication before filing a legal action.

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27.2 Mediation

Before initiating litigation, either Party may request mediation.

The Parties may mutually agree upon:

  • A mediator.
  • Location.
  • Costs.
  • Procedures.

Mediation costs shall be shared equally unless otherwise agreed.

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27.3 Legal Action

If the dispute cannot be resolved informally or through mediation, either Party may pursue available legal remedies.

Nothing in this Agreement prevents Photographer from seeking immediate legal relief for:

  • Copyright infringement.
  • Unauthorized image distribution.
  • Misuse of intellectual property.

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28. GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted according to the laws of the State of Maryland, without regard to conflict-of-law principles.

Any legal action arising from this Agreement shall be brought in:

  • The appropriate state court located in Prince George’s County, Maryland; or
  • The appropriate federal court having jurisdiction over the matter.

The Parties consent to the jurisdiction and venue of these courts.

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29. ATTORNEY FEES AND COSTS

To the extent permitted by applicable law, the prevailing Party in any legal action arising from this Agreement may seek recovery of reasonable attorney fees and costs.

This provision does not limit any rights available under copyright law or other applicable statutes.

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30. INDEPENDENT CONTRACTOR

Photographer is an independent contractor and not an employee, partner, joint venturer, or agent of Client.

Nothing in this Agreement creates an employment relationship between the Parties.

Photographer is responsible for:

  • Selecting equipment.
  • Determining creative methods.
  • Managing workflow.
  • Paying applicable taxes and expenses related to Photographer’s business.

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31. ASSIGNMENT OF AGREEMENT

Neither Party may transfer or assign this Agreement without written consent from the other Party, except:

  • Photographer may assign limited rights necessary to complete the Assignment.
  • Photographer may use assistants, contractors, editors, and vendors.

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32. CONFIDENTIALITY

Each Party agrees to protect confidential information received from the other Party.

Confidential information includes:

  • Personal information.
  • Private business information.
  • Unreleased Images.
  • Session details.
  • Client requests.

This obligation survives termination of this Agreement.

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33. AMENDMENTS

Changes to this Agreement must be made in writing and agreed upon by both Parties.

Electronic communications, including email, may constitute written approval when both Parties clearly acknowledge the modification.

Photographer may update standard business policies for future Agreements. Existing Agreements remain governed by the Terms in effect at the time of signing unless both Parties agree otherwise.

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34. SEVERABILITY

If any provision of this Agreement is found invalid, unlawful, or unenforceable:

  • The remaining provisions shall remain in full force and effect.
  • The invalid provision shall be modified only to the extent necessary to make it enforceable.

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35. WAIVER

Failure by either Party to enforce any provision of this Agreement does not constitute a waiver of that provision or any future enforcement rights.

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36. ENTIRE AGREEMENT

This Agreement, including:

  • The Photography Services Agreement.
  • These Standard Terms and Conditions.
  • Attached schedules.
  • Approved addenda.

constitutes the entire agreement between the Parties.

It replaces all prior discussions, emails, proposals, and understandings relating to the Assignment.

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37. ELECTRONIC SIGNATURES

The Parties agree that electronic signatures, scanned signatures, digital signatures, and electronically accepted agreements are legally binding and equivalent to original handwritten signatures.

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38. ACKNOWLEDGMENT OF TERMS

By signing the Photography Services Agreement, Client acknowledges:

  • Client has read and understands these Terms.
  • Client has had the opportunity to ask questions.
  • Client voluntarily agrees to be bound by these Terms.
  • Client understands that Photographer retains copyright ownership of all Images.
  • Client understands that Image usage rights are limited to the license granted.