Policy



OPERATION

Modes of Flight is a privately owned freelance graphic arts and illustration business that is registered with the provincial government of Ontario, Canada. Allan Daniel Hamilton is the Founder, Self-Proprietor and sole artist/photographer of Modes of Flight. This business officially began May 15, 2002 as the replacement business for ADH Graphics & Illustration (Founded: August 7, 1991). Modes of Flight functions as a legitimate operation of marketing and profiteering through visual artistic creativity, and promoting artistic expression while providing limited services in artistic and communications commissioning. All artwork produced by Modes of Flight serves to promote the artistic skills and license of Allan D. Hamilton.


ARTWORK AND COMMUNICATIONS SERVICES DEFINED

Artwork by Modes of Flight includes logos and other visual graphics, hand and computer generated illustrations, and photography that is produced by Allan Hamilton through self-initiated creativity or by commissioned or contractual agreement with a client. All artwork that is produced by the self-initiated creativity of Allan Hamilton is legally copyrighted and subject to restricted use determined by Mr. Hamilton--even after rent or sale, unless otherwise specified in writing by the creating artist.

Communications services include letterhead design, invoice design, order form, price lists and docket design, flyer, direct mail package, brochure and catalogue design, printed advertisement design, book, magazine, newspaper and poster design, full fanzine, comic book and graphic novel production, newsletter design, manual design, work resume writing, wedding invitation and program production, photocopying, facsimile, Desktop Publishing (DTP) and Web site design.

Subsequent price references are in Canadian funds.


ART CONSIGNMENT

Original or reproduced art by Allan Hamilton is exhibited in a gallery, restaurant, store or other venue on a consignment basis only. Concordance can be formally reached by means of a Modes of Flight Consignment Agreement should any such venue not be equipped with a contract.

Other situations where art is rendered or purchased through required contracts involve:


DEPOSITS

Deposits (including cash) may be required for commissioned artwork and photography. A deposit of 50% of the quoted cost is to be paid in full before any work of commissioned projects is started, unless otherwise specified in writing, such as regarding Web site design commissions. Deposits will be added to the actual total price of completed work as a portion of the fee already paid.


PHASE APPROVAL OF COMMISSIONED WORK

All rough drafts and phases of commissioned work are to be approved with a signature or an initial by the client, or the client’s appointed representative, before the final product is started. Such endorsements are to be carried out by way of the Docket. The Web site Planning Worksheet and the Web site Content Worksheet will be used in conjunction with the Docket in regards to Web site design commissions.


ARTWORK PRICE AND TAX CALCULATION

Artwork generated by Allan Hamilton's personal inspiration is subject to being sold at a full retail value, unless otherwise specified by the artist. Other artwork and communications services, however, are charged at wholesale value.

Retail prices are subject to rounding to the nearest $10.00. Additional costs that will be included separately in the total cost of fine artwork will be packaging and shipping charges.

For any Work to be redone or altered, a 15% Work Readjustment Fee will be added to the NET PRICE of the original Finished Work or Revamped Work.


NO REFUND

There is NO REFUND for any finished artwork or communications service, and under no circumstances is any artwork released to a client or designated appointee without full payment. All unpaid work is the property of Modes of Flight, and will be retained until the work is payed for in full. Alternate provisions apply regarding Web design commissions.


PAYMENT OPTIONS

Sold artwork may be paid by cash, cheque, or certified cheque. All cheques are to be made out to Allan Hamilton. If a cheque is returned to Mr. Hamilton, an additional charge of $25.00 will be charged to the client. The client would then be responsible for returning all work-UNDAMAGED, within TEN (10) days to Modes of Flight. Other payment options include art rental, and monthly instalments.


RECOURSE REGARDING UNPAID ARTWORK

If artwork remains outstanding after the TEN (10) days, Modes of Flight will pursue a legal means of the retrieval of the work or the payment for all monies owing (i.e.: Artwork costs, court costs and any other legal fees incurred). Certain artwork and photography may be executed and/or released on a consignment basis. Alternate provisions apply regarding Web design commissions.


ART DONATIONS

Artwork may be donated by Allan Hamilton to Canadian charities and other institutions. All donated art will be so donated at their true Modes of Flight calculated price, or at a value determined by a certified appraisal expert--who is independent of both Modes of Flight and the artwork recipient, whose services are agreed upon by both Allan Hamilton and the intended recipient of the artwork.


MURALS

Mural pricing is based on the following considerations:

The generation of a price quotation is of high importance as the minimum of 50% of the quoted price is due prior to beginning the work. The remainder will be due in full upon satisfactory completion of the work. Work that is completed in less time than estimated will have its price reduced accordingly. If, upon Allan Hamilton’s arrival to commence work, the site is substantially different from its representation, the quotation will be adjusted with 15% added to the $40.00 rate of production time. The client will not be charged more than the quoted price for a mural as designed and approved, even though Mr. Hamilton will likely devote more time than is estimated. However, the client’s request of additional alterations of any kind to the mural as designed and approved will result in a 15% work readjustment of the total price. Production time is billed to the tenth of an hour. Automobile travel time within southern Ontario is calculated at $40.00 per hour.

Mr. Hamilton reserves the right to photograph the finished mural and use it for self-promotion.


FINE ART PURCHASING VERIFICATION LEASING AND SHIPPING

All fine art sold or donated by Allan Hamilton is provided with a Statement of Authenticity that is specific to the artwork (original or reproduced illustration or photograph) being sold. The Statement of Authenticity provides information about the title, trim size and the Inventory Number of the image. Verification of the artwork's authenticity can be obtained through correspondence with Modes of Flight, and providing all information on the certificate. Orders will begin processing upon receiving full payment. Framed artwork are sold with frames customized to the artist/photographer's preference. Shipping and handling costs are added to the price of all orders (see following paragraph). Applicable taxes will be added to all orders within the Canadian province of Ontario. Payment is accepted in Canadian dollars (CDN) by cheque, bank draft or money order. Personal cheques from within North America will be held for at least 30 days for clearance. Payments are to be made out to Allan Hamilton.

North American orders will be shipped by Canada Post Xpresspost, and are expected to arrive within a few days to a week after being sent. Costs for packaging and shipping range from $20-40 depending on size and destination, and include insurance and tracking. A physical address is required for all orders. Post Office Box addresses are not accepted. Most items are expected to reach their destinations within 2 to 3 weeks after an order is placed but prints may also take up to 8 weeks to arrive depending on the image chosen, and MOF's assignment travel schedule. For rush orders or special needs, customers are advised to contact Modes of Flight. Customers are also advised to contact Modes of Flight for outside North America shipping charges and delivery time estimates. Overseas orders are subject to duties and taxes which are charged upon delivery.

All prints are carefully created and inspected for the highest image reproduction standard, and all original and reproduced artwork are packed securely for shipping. In the rare case where an order is incorrect, damaged in transit, or flawed in some way, customers are advised to contact Modes of Flight immediately to advise. Modes of Flight will take the necessary measures to correct the situation. Customers are advised to retain all packaging exactly as received in damage insurance related claims. After the carrier has inspected the item or contacted the customer for a statement, and settled with Modes of Flight, Modes of Flight will replace the item at no cost to the customer. Modes of Flight takes pride in providing only the finest quality art products. All sales are final.


REPRODUCTION WITHOUT PERMISSION

No person or faction of any kind may reproduce any artwork of Allan Hamilton for any reason, by any means, without first obtaining the expressed written permission from the artist or the artist's estate.


STOCK AND ASSIGNMENT PHOTOGRAPHY DEFINED

Modes of Flight features stock photographs and assignment photography in its repertoire (see also WEDDING PHOTOGRAPHY below). Stock photographs are photographic images taken by Allan Hamilton that are reserved for licensing to other factions for specified uses and specified durations. All Modes of Flight photographic images are retained on file as digital images. Stock images can be made available to clients in a variety of printed and electronic forms. A photography assignment is a project specifically commissioned by a client. Whether stock or assignment photography, Allan Hamilton specializes in the editorial, advertising and adventure photography sectors:

Each image has a base price that is used for determining an appropriate per image price for duration which depends on the client's required licensing option (see PHOTOGRAPHY USAGE LICENSING OPTIONS below).

For stock photography, the client must stipulate the quantity of photographs desired, the intended use of the images, the number of photographs required and choose a desired Photography Licensing Option (see PHOTOGRAPHY USAGE LICENSING OPTIONS below).

For assignment photography, the client must stipulate the quantity of photographs desired, the intended use of the images and agree on the conditions of the photo shoot by way of the Photography Assignment Contract.

The following information are the minimum requirements for preparing a price quote on a photography assignment.

The times, each calculated at a rate of $40.00 per hour, include:

Materials costs include:

Expenses include:

Contract details that must be stipulated are:

Applicable taxes include:

All stock and assignment photography fees are based on one-time use licensing options (see below).


PHOTOGRAPHY USAGE LICENSING OPTIONS

All photographs--whether stock or generated under assignment, are protected by registered copyrights, and owned by Allan Hamilton (or his estate) and all copyrights are owned by Allan Hamilton. Therefore, limited rights to a requested stock photograph, or an image created through assignment, are licensed to a client for a specified period of time--similarly to renting or leasing. Photographic images and their copyrights cannot be owned by Modes of Flight clients.

Client request for price quotation is highly recommended. Fifty percent of estimate or quotation is required as down payment in order to confirm an Assignment and reserve shoot dates. The balance is due upon delivery of images to the client.

The per image price for duration--set by a licensing option, is determined by the base price and the potential number of people who will view the image, which is stipulated in a contract.

A licensing option's per image price for duration is set at one to 6-month and six to 12-month (one year) durations. A six to 12-month per image price for duration, set at of a given viewership, is worth twice the one to 6-month per image price for duration. Their worth at six and 12-month durations also varies between licensing options.

The following are the client options for licensing photographic images:


PORTRAIT PHOTOGRAPHY

Portrait photography is specialized assignment photography (see STOCK AND ASSIGNMENT PHOTOGRAPHY DEFINED above) concerning portraiture. All requirements and conditions for portrait photography must be agreed upon by way of the Modes of Flight Portrait Photography Contract.

All portraiture are captured on digital recording media. Allan Hamilton will capture likeness by taking posed and/or candid portraits through illustrative or traditional portrait photography styles (see styles defined in the WEDDING PHOTOGRAPHY section below).

Individual, family, children, seniors, business, sports, theatrical, pets, glamour, fine art nudes and more can all be captured. Clients are encouraged to inquire about the possibilities of expressing their artistic vision through the free consultation. Post-production work to achieve their preferred look may include: colour balancing, colour blending, spot-colouring, sepiatoning, cyanotyping, black and white, duotoning, tritoning, quadtoning, mezzotinting, hand-painted effects, filters, multiplicity, serigraphy, glamour retouching, Orton effect, etc.

The following are the available portrait photography packages:

Seniors or Individual Package:

Couples Package:

Family or Group Package:

Additional fees to all portrait photography packages include travel (Not applicable if assignment is within 40km of studio), location production time, material costs and applicable taxes. Client request for price quotation on all standard and customized packages is highly recommended. 50% of estimate or quotation is required as the session fee in order to confirm an Assignment and reserve shoot dates. The balance is due upon delivery of images to the client.


WEDDING PHOTOGRAPHY

Wedding photography is specialized assignment photography (see STOCK AND ASSIGNMENT PHOTOGRAPHY DEFINED above) concerning a wedding. Engagement, ceremony, post-ceremony and reception can be beautifully captured for a client's lifetime. All requirements and conditions for wedding photography must be agreed upon by way of the Modes of Flight Wedding Photography Contract. For clients who will display their engagement picture at their wedding, it is highly advised that clients arrange for engagement photography to be done at least one full week prior to the actual wedding for sufficient post-production, framing and delivery time.

All wedding events are captured on digital recording media. Allan Hamilton will capture events by taking a combination of formal and informal portraits through an artistic and skilful melding of three wedding photography styles being, from the most relied upon to the least:

Special requests and candids of family and friends can also be taken. The inclusion of various colour and tint-type images are left to the photographer's judgement unless specified in the Wedding Photography Contract. Clients are encouraged to inquire about the possibilities of expressing their artistic vision through the free consultation. Post-production work to achieve their preferred look may include: colour balancing, colour blending, spot-colouring, black and white, duotoning, tritoning, quadtoning, hand-painted effects, filters, glamour retouching, Orton effect, etc.

The following are the available wedding photography packages:

Bronze Wedding Photography Package:

Silver Wedding Photography Package:

Gold Wedding Photography Package:

Customized Wedding Photography Package:

Additional fees to all wedding photography packages include travel, location production time, material costs and applicable taxes. Client request for price quotation on all standard and customized packages is highly recommended. 50% of estimate or quotation is required as down payment in order to confirm an Assignment and reserve shoot dates. The balance is due upon delivery of images to the client.


MODEL HIRING AND PAY

Modes of Flight is not a modelling agency, and will only maintain files on models and potential models suitable for the artwork and photography of Allan Hamilton. Models and potential models may be asked to complete the Modes of Flight Model Questionnaire. This questionnaire is not a job application form, contract or agreement. It is a means for which Modes of Flight can best track potential live action models for the creation of artistic illustration and photography. Participants may periodically be asked to update the information. Modes of Flight is not responsible for brokering or referring models to other artists and photographers, referring other artists and photographers to models or finding modelling assignments or other jobs for models.

When models are required for fine art illustrative or photographic purposes, Allan Hamilton will use only amateur or professional models consigned on the Modes of Flight Model Release (see ART CONSIGNMENT above). In cases where it is not practicable to pay a participating model, the model may be asked to sign a Modes of Flight Unpaid Model Release or a Modes of Flight Time for CD Agreement and Model Release. Modes of Flight, however, is not responsible for obtaining models, property, or other releases in connection with any photographs licensed under any photography assignment unless specifically stated in contract. Therefore, the use of models in assignment photography–without releases, will not be charged to the client, and the use of their likenesses will be the responsibilities of the models and client.

Although adult models may be required to pose in swimwear or form fitting attire, their facial likenesses and/or bodies may be illustrated in the nude or semi-nude-exactly or similarly and that their poses may be illustrated in an erotic or violent manner, no person will be hired for nude, semi-nude, or any modelling which places their or another persons health, safety or property in physical jeopardy.

The following are the Modes of Flight definitions of the types of models used:







Contact Allan Hamilton