SAM CLAYTON PHOTOGRAPHY
Terms & Conditions
Effective Date: 8/1/2026
These Terms & Conditions (“Terms”) govern photography and related services provided by Twenty Four North Media Group LLC, operating under the Sam
Clayton Photography brand (“Photographer”). These Terms apply to each proposal, estimate, project agreement, commission, or assignment accepted by a client (“Client”) unless different terms are specifically agreed to in writing.
1. AGREEMENT
A project is considered authorized when Client signs a Project Agreement, approves a proposal electronically, pays a required retainer, or otherwise
provides written authorization to proceed. The applicable proposal, Project Agreement, and these Terms collectively form the agreement between Photographer and Client.
If a project-specific written agreement conflicts with these Terms, the project-specific agreement controls.
2. ESTIMATES AND SCOPE
Estimates are based on the information available at the time they are prepared. Changes to the project scope may result in additional fees.
These may include:
• Additional photography time
• Additional locations• Additional final photographs
• Additional styling
• Extensive retouching
• Additional assistants or crew
• Talent
• Equipment rentals
• Location fees
• Travel
• Permits
• Parking
• Overnight accommodations
• Additional licensing
• Rush production
• Additional visits to the property
Photographer will make reasonable efforts to communicate material changes before incurring substantial additional costs.
3. RETAINERS AND PAYMENT
Photographer may require a retainer to reserve a photography date. Unless otherwise specified, a requested retainer is applied toward the final
project total. Invoices are due according to the payment terms stated in the Project
Agreement or invoice. If no payment term is stated, payment is due Net 15. Any unpaid balance may be subject to a late charge of 1.5% per month or the
maximum amount permitted by applicable law, whichever is less.Client is responsible for reasonable collection costs associated with significantly overdue accounts where permitted by law.
No image license becomes effective until the applicable invoice has been paid in full. Photographer may suspend delivery, revoke access to online galleries, or
withhold additional services while an account is past due.
4. CANCELLATION AND RESCHEDULING
Photography assignments reserve production time that may prevent Photographer from accepting other work.
Unless otherwise stated in the Project Agreement: Five or More Business Days Before the Assignment
Client may reschedule the assignment without an additional photography fee, subject to Photographer's availability.
Any non-refundable expenses already incurred remain Client's responsibility.
Two to Four Business Days Before the Assignment
Photographer may charge up to 50% of the scheduled creative/photography fee, plus any non-refundable project expenses.
Less Than Two Business Days Before the Assignment
Photographer may charge up to 100% of the scheduled creative/photography fee, plus any expenses already incurred.
The same terms may apply when Photographer arrives and the property cannot reasonably be photographed because of access issues, unfinished
construction, missing permissions, lack of preparation, or circumstances within Client's control. Photographer may waive or modify cancellation charges at its discretion.
5. WEATHER
Architectural photography, particularly exterior and twilight photography, can be highly dependent on weather.
Photographer may recommend postponing all or part of an assignment when weather conditions would materially compromise image quality or
create unsafe operating conditions. A weather-related reschedule initiated or approved by Photographer will not
normally result in a cancellation charge. Client-requested photography despite unfavorable weather conditions is
performed at Client's direction. Any requested return visit to recreate images under improved conditions may be billed as an additional assignment.
6. PROPERTY ACCESS AND PERMISSIONS
Client is responsible for obtaining permission to photograph the property and for providing lawful access at the scheduled time.
Client represents that it has authority to commission photography at the location or has obtained authorization from the person or organization with
such authority.
Client is responsible for obtaining any required:
• Property permissions
• Building access
• Security clearance
• Location releases
• Parking authorization
• HOA or community approval
• Site-specific photography permitsPhotographer is not responsible for missed photographs resulting from restricted access.
7. PROPERTY PREPARATION
The property should be substantially complete, cleaned, styled, landscaped, and photography-ready before the scheduled start of photography.
Photographer may make reasonable adjustments to furniture, accessories, window treatments, lighting, and small objects when appropriate.
Photographer is not responsible for:
• Cleaning
• Construction cleanup
• Moving unusually heavy furniture
• Installing furniture
• Installing artwork
• Landscaping
• Repairing property defects
• Completing unfinished construction
Time spent addressing substantial property preparation may be counted as photography time.
8. CLIENT REPRESENTATIVE
Client is encouraged to have an authorized representative available when creative decisions, styling approvals, or design priorities are important.
If no representative is present, Photographer will use professional judgment regarding compositions and styling.
Photographer is not required to recreate completed photographs because a representative later requests a different arrangement, styling decision,composition, or viewpoint that could reasonably have been addressed during
the scheduled assignment. Return visits may be billed separately.
9. PEOPLE, TALENT, AND MODEL RELEASES
When identifiable individuals will appear prominently in photographs, the parties should determine in advance who is responsible for obtaining
appropriate releases. Unless Photographer specifically agrees otherwise in writing, Client is
responsible for obtaining releases from Client-provided employees, models, occupants, guests, or other individuals intentionally placed in the
photographs. Professional talent, styling, hair and makeup, wardrobe, casting, and related production services are additional expenses unless specifically included in the
project proposal.
10. DRONE OPERATIONS
Drone photography is subject to:
• FAA regulations
• Airspace restrictions
• Required authorizations
• Temporary flight restrictions
• Weather
• Site conditions
• Property restrictions
• Safety considerations• Photographer's professional judgment
Photographer may decline or discontinue drone operations when flight cannot legally or safely be completed.
If drone photography cannot be completed during the original assignment, Photographer may attempt to reschedule aerial coverage when reasonably
practical. No specific aerial image can be guaranteed when regulatory or safety
conditions prevent flight.
11. COPYRIGHT OWNERSHIP
All photographs and other original photographic works created by Photographer are protected by United States copyright law.
Copyright remains exclusively with Twenty Four North Media Group LLC / Sam Clayton Photography unless Photographer executes a separate written
copyright assignment. Payment for photography services does not constitute purchase of copyright.
The photographs are not “work made for hire” unless Photographer expressly agrees to that arrangement in a separate written agreement signed by
Photographer. Client purchases photography services and licensed usage rights—not
ownership of the underlying copyright.
12. STANDARD COMMERCIAL LICENSE
Upon payment in full, Client receives the usage license stated in the applicable Project Agreement.
Unless otherwise specified, the Standard Commercial License is:
Non-exclusive
Other authorized parties may separately license the photographs.
Perpetual
The license does not expire for the permitted uses.
Worldwide
The permitted usage is not geographically restricted.
Non-transferable
Client cannot transfer or sublicense the images to another business, individual, parent company, subsidiary, affiliate, contractor, vendor,
publication, designer, manufacturer, or project partner. The Standard Commercial License allows Client to use the final delivered
photographs to market and promote Client's own business and work.
Permitted use may include:
• Websites
• Portfolios
• Social media
• Client advertising
• Brochures
• Presentations
• Proposals
• Trade shows
• Sales materials
• Newsletters
• Award submissions
• Public relations
• Press submissions
• Editorial submissions
• Internal communications
Rights outside the agreed usage require additional written permission.
13. THIRD-PARTY LICENSING
Only the named licensee may commercially use the photographs. A company's participation in the photographed project does not create
photography rights. For example, if an interior designer commissions photography, the following
parties do not automatically receive usage rights:
• Architect
• Builder
• General contractor
• Developer
• Property owner
• Furniture manufacturer
• Cabinetry company
• Lighting manufacturer
• Landscape designer
• Subcontractor
• Realtor
• Supplier
• Vendor
• Marketing agency
Each company wishing to use the photographs for its own commercial purposes must obtain an appropriate license.
Client may provide a low-resolution image to a publication solely for editorial consideration when consistent with Client's license, but may not authorize
unrelated commercial use.
14. COST-SHARING LICENSING
Photographer encourages project partners to coordinate licensing before the assignment when multiple companies want access to the photographs.
Unless otherwise quoted, an additional participating company identified before photography may obtain a Standard Commercial License for
approximately: 30% of the photography creative fee per additional company. Each participating company is considered a separate licensee. Each license applies only to that company's own business.
Participation does not give a licensee authority to distribute the photographs to additional companies.
Cost-sharing arrangements must be documented in the proposal, Project Agreement, invoice, or other written approval from Photographer.
15. LICENSING AFTER THE PROJECT
A business that was not included in the original photography agreement may request licensing after completion.
Post-project commercial licensing generally begins at: $250 per image, per company unless another licensing fee is quoted.
Pricing may vary depending on:
• Number of images
• Type of company
• Intended use
• Advertising use• Distribution
• Audience
• Geographic reach
• Duration
• Exclusivity
• Placement
• Campaign size
Photographer reserves the right to approve or decline any licensing request.
16. PROHIBITED USE
Without separate written authorization, photographs may not be:
• Sold
• Resold
• Sublicensed
• Uploaded to stock photography services
• Distributed as a shared project image library for unrestricted third-party use
• Used by an unlicensed company
• Used on merchandise
• Used in product packaging
• Used to advertise a third party's product or service
• Entered into commercial image libraries
• Minted or sold as NFTs
• Used for machine-learning datasets• Used to train artificial intelligence systems
• Used to train generative image models
• Used to create commercial synthetic derivatives through generative AI
• Falsely represented as another photographer's work
Nothing in these Terms grants rights beyond those specifically licensed.
17. IMAGE ALTERATION
Client may resize and reasonably crop photographs as necessary for ordinary layout and platform requirements.
Client may not materially alter the photographs in a manner that misrepresents Photographer's work without written approval.
This includes significant:
• Filters
• Color changes
• Compositing
• Object additions
• Object removal
• AI modification
• Sky replacement
• Architectural modification
• Perspective manipulation
Minor platform-generated cropping and compression are permitted.
18. RETOUCHING
Standard architectural image finishing may include reasonable:
• Color correction
• Exposure blending
• Perspective correction
• Window balancing
• Lighting refinement
• Minor object cleanup
• Minor surface cleanup
• General image finishing
Extensive digital alterations are outside standard retouching and may be billed separately.
Examples include:
• Removing large objects
• Digitally completing unfinished construction
• Replacing significant landscaping
• Removing major utility infrastructure
• Extensive furniture replacement
• Significant architectural reconstruction
• Advanced compositing
• Large-scale window reconstruction
• Creating elements that were not present during photography
Photographer will make reasonable efforts to discuss significant additional retouching charges before proceeding.
19. IMAGE SELECTION
Photographer retains discretion over which photographs are considered technically and creatively suitable for delivery.
Unselected frames, duplicate exposures, test images, lighting tests, and other production files are not part of the final deliverables.
Where Client selects final compositions from proofs, the number of final images is limited to the amount included in the agreement unless additional
photographs are purchased.
20. RAW AND WORKING FILES
RAW files, source files, layered files, masks, intermediate composites, proofs, unfinished photographs, and other working files remain Photographer's
production materials and are not delivered unless separately agreed in writing. Final delivered photographs represent the completed product.
21. DELIVERY AND ARCHIVING
Normal delivery timelines are estimates rather than guarantees unless a specific contractual deadline is stated in writing.
Photographer will make reasonable efforts to maintain archived copies of completed work but does not guarantee permanent storage. Client is responsible for downloading, maintaining, and backing up delivered
photographs. Photographer is not responsible for photographs lost after delivery because of Client's failure to maintain backups.
22. PHOTOGRAPHER PORTFOLIO USE
Unless confidentiality or an embargo is agreed to in writing before the assignment, Photographer retains the right to display photographs created
during the project for Photographer's own:
• Portfolio
• Website
• Social media
• Studio promotion
• Sales presentations
• Competitions
• Awards
• Editorial promotion
• Professional publications
This promotional use does not transfer Client's confidential information. When a project is confidential, under embargo, or subject to publication timing restrictions, Client should provide those requirements in writing
before photography begins. Photographer will make reasonable efforts to honor agreed confidentiality and embargo dates.
23. PUBLICATION CREDIT
Where reasonably practical, Photographer requests photography credit as:
Photography: Sam Clayton Photography
Failure by an independent publication or third party to provide credit does not by itself create liability for Client when Client has reasonably requested proper attribution.
24. ARTISTIC DISCRETION
Client acknowledges that photography is a creative service. Photographer maintains professional discretion over composition, lighting, camera position, technical approach, image selection, editing, and final
presentation. Client's dissatisfaction based solely on differences in subjective artistic preference does not constitute failure to perform when the delivered work is reasonably consistent with Photographer's portfolio and agreed project
scope.
25. SAFETY
Photographer and Photographer's crew may refuse to enter or remain in any environment reasonably believed to be unsafe.
This includes unsafe:
• Construction conditions
• Structural conditions
• Weather
• Drone conditions
• Electrical conditions
• Animals
• Occupant behavior
• Environmental hazardsA safety-related decision made in good faith will not constitute breach of contract.
26. FORCE MAJEURE
Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control, including severe weather, natural disaster, government restriction, illness, injury, equipment failure despite reasonable
precautions, transportation disruption, civil emergency, or other comparable events. The parties will make reasonable efforts to reschedule or otherwise resolve the affected portion of the assignment.
27. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Photographer's total liability arising from a project will not exceed the amount actually paid to Photographer for
the portion of services giving rise to the claim. Photographer will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost business opportunities,
lost publication opportunities, or lost awards. Nothing in these Terms limits liability where such limitation is prohibited by law.
28. CLIENT INDEMNIFICATION
Client agrees to indemnify and hold Photographer harmless from third-party claims resulting from:
• Client's lack of authority to access or photograph a property
• Client-provided materials that infringe another party's rights
• Failure to obtain required permissions or releases for Client-provided
people• Client's unauthorized distribution or licensing of photographs
• Client's use of photographs outside the agreed license
This provision does not apply to claims resulting solely from Photographer's own unlawful conduct.
29. GOVERNING LAW
These Terms and each related project agreement will be governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
Before initiating formal litigation, the parties agree to make a reasonable good-faith effort to resolve disputes directly. Unless otherwise required by law or agreed by the parties, any legal
proceeding relating to the agreement will be brought in a court of competent jurisdiction located in Michigan in or serving the area of Photographer's principal place of business.
30. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
31. WAIVER
Failure by either party to enforce a provision of these Terms on one occasion does not waive the right to enforce that provision in the future.
32. ASSIGNMENT
Client may not assign the photography agreement or image license to another person or entity without Photographer's written consent.A merger, acquisition, sale of substantially all assets, or corporate
restructuring does not automatically transfer image rights unless permitted by Photographer in writing.
33. ELECTRONIC SIGNATURES
Electronic signatures, electronic approvals, and digitally accepted agreements will be treated as originals to the extent permitted by applicable law.
34. ENTIRE AGREEMENT
The signed Project Agreement, approved proposal, written licensing terms, and these Terms constitute the complete agreement between the parties
regarding the project. Any modification must be agreed to in writing.
35. CONTACT
Sam Clayton Photography
A brand of Twenty Four North Media Group LLC
Website: www.SamClaytonPhoto.com
Email: Sam@SamClaytonPhoto.com
Phone: (947) 622-8612