A. Introduction. For generations, people from around the world have come to The Wayside Inn property to take that perfect holiday photo in front of our Grist Mill, capture the historic Inn framed by stunning fall foliage, or paint our majestic Martha Mary Chapel on a snow-covered hill. The Wayside Inn buildings are among the most photographed and painted buildings in Massachusetts and we are proud that our property serves as a popular location for photographers and provides endless inspiration for artists. However, being private property owned by a nonprofit organization, we need to balance the use of our property by others for commercial activities against our high maintenance costs. We also need to protect the valuable trademarks, tradenames, logos, and good will of our organization. We have therefore instituted these policies for all visitors to our property taking photographs/videos (personal or professional) or creating works of art. For personal photography/videography, we do not require payment of a site use fee, but for professional photography/videography, we require either the purchase of a Day Permit or membership in our Photographers Membership Program, all as detailed below.
B. Personal Photography/Videography (No Fee Due). We welcome unlimited personal photography/videography on our property without payment of a site use fee, being respectful of any sanctioned professional photography sessions, formal events, functions, or program activity, or other visitor activity happening on the property at the same time. Personal photography means the taking of the photo/video does not involve the payment of a fee or other compensation to another party, or the resulting photo/video itself will not be sold, licensed, or used for financial gain or profit by any party. A common example of personal photography is the taking of photos (without someone getting paid) to capture memories of your visit or to share with your friends and family, including on social media. However, if you are paying someone to take a personal photo (e.g., photos for engagements, weddings, graduations, yearbooks, family reunions, holiday cards, etc.), a site use fee is due as per the Professional Photography/Videography terms below. All personal photography must comply with our General Property Use Policies below.
C. Professional Photography/Videography (Fee Due or Photography Membership).We ask that all professional photographers/videographers pay a site use fee of $25.00 per day session (payable at the Front Desk at the Inn for a Day Permit) or be active members of our Photographers Membership Program for use of our property as a location for photo/video shoots. Receipts are available upon request. Professional Photography means (a) a party taking photos/videos requests or is paid a fee or other compensation, even if the resulting photo/video is for a client’s personal use (e.g., photos for engagements, weddings, graduations, yearbooks, family reunions, holiday cards, etc.), or (b) a photo/video taken on our property will itself be reproduced and sold, licensed, or used for financial gain or profit (e.g., sale of reprints or photo/video/image licensing, etc.). All professional photographers/videographers must visibly display either their Day Permit (available at the Front Desk of the Inn) or their Photographers Membership Permit at all times while working on the property. All professional photography must comply with our General Property Use Policies below. Photographers/videographers providing professional services for a scheduled wedding or other approved formal function on The Wayside Inn property are not required to pay a site use fee or be members of our Photographers Membership Program (but we would love you to join!).
D. Use of Property by Artists. The taking of photographs of our buildings or on our property by an artist for reference for an original work of art, or painting en plein air on our property (of less than 3 people in a group), does not require payment of a site use fee. In addition, the sale of such original works of art, or any reproduction, does not require payment of a site use fee or license fee (the creator of the work will acquire copyrights in their works in accordance with applicable laws). However, any organized group of 3 or more people painting/sketching on our property does require prior arrangements with the Innkeeper and a site use fee may be requested in such case (depending on group size, location, dates, and other circumstances – please check with our Innkeeper). If you are an artist who regularly finds inspiration on our property, we hope you consider joining our General Membership Program to help support the care and maintenance of our property. All artists are required to comply with our General Property Use Policies below.
E. General Photography/Videography Property Use Policies. The following general property use policies apply to all personal and professional photographers, videographers and artists using The Wayside Inn property:
1. Compliance: The Wayside Inn property, which includes all our buildings and grounds, is a private, non-profit landmark property owned by The Wayside Inn Foundation and overseen by a Board of Trustees and a professional staff charged with closely monitoring and enforcing the way in which the buildings and grounds are used. Please respect our buildings, grounds, rules, and policies at all times while on our property. Please also do not stand on buildings, walls, roofs, in rivers, on trees, or enter restricted, non-public areas of the property. We reserve the right to revoke any permissions granted for violation of our rules or policies or to request any visitor to leave the property.
2. Scheduling: Our buildings’ historic appearance and our natural landscape are viewed by many to be an attractive backdrop for photos and artwork, and we strive to balance that interest with those of the casual visitor as well as the expectations of parties with scheduled weddings and other events on our property. Any professional photography/videography or group artists’ session should be arranged or approved in advance with the Innkeeper to avoid any conflict with pre-arranged functions, events or other sessions. All personal photography or artists on site must defer to any sanctioned professional photography occurring at the same time at the same location on the property.
3. Priority Use: Our scheduled Chapel, Grist Mill, and Garden weddings and other formal events have priority to use buildings and grounds for photography/videography on the day and time of their event over any other sessions or use. Due to weddings and outdoor events on Saturdays from April through October, professional photography/videography is permitted only before 11:30 AM and after 6:30 PM. For any other time, we ask that you please not disrupt or interfere in any scheduled outdoor wedding or other event that may be taking place.
4. Props, Personal Property, and Trash: Small portable, removable props, tripods, stands, easels and other photography/artists supplies are permitted to be brought and used on our property but under no circumstance should any item be attached to or cause damage to any of our buildings or grounds. The Wayside Inn Foundation assumes no responsibility or liability for any items brought to, used on, or left on our property. All visitors must also remove all items they bring onto the property and remove all their trash when leaving the property.
5. Drones: No aerial drone usage is permitted at any time without the prior written/email approval of the Innkeeper. Drones present privacy issues and disturb other visitors and events happening on our property. Please contact the Innkeeper to schedule drone usage. In all cases drone usage must also comply with applicable federal, state and town laws and regulations.
6. Copyrights: Persons who take photos or videos on our grounds or who create original works of art that include images of our buildings will acquire copyrights in their works in accordance with applicable laws, and are not required to pay a license fee for use of images of our building, but must comply with image, tradename, and trademark use restrictions below.
7. Use of Images in Photos, Videos and Artwork. Notwithstanding copyright ownership by the creator (photographer, videographer or artist), The Wayside Inn Foundation does not authorize the use of any photo, video, or artwork which includes images of any of our buildings in connection with the promotion, marketing, or sale of any product, service, event, organization, or commercial activity or which implies endorsement by or association with The Wayside Inn Foundation, without the prior written agreement of The Wayside Inn Foundation. In addition, tradename and trademark restrictions below apply.
8. Use of Tradenames, Trademarks & Logos: For any photograph, video or artwork that includes images of our buildings or grounds, the use of the names “The Wayside Inn” and/or “Longfellow’s Wayside Inn” may only be used with such works to identify a building or location in the title, caption, or description of that work, but not in any way to exploit or monetize the tradenames or good will of The Wayside Inn Foundation. The tradenames “The Wayside Inn” and “Longfellow’s Wayside Inn” and their logos are valuable and protected registered trademarks of The Wayside Inn Foundation. No license or other rights are granted to any person under these policies to use the names “The Wayside Inn” or “Longfellow’s Wayside Inn” for any purpose other than to identify a building or location in the title, caption, or description of a work. In addition, in no case may any of our logos be used with any photograph, video, or work of art without the prior written agreement of The Wayside Inn Foundation.
9. Products and Merchandise: The manufacture, distribution, or sale of any product or merchandise (e.g., calendars, notecards, T-shirts, mugs, plates, keychains, ornaments, souvenirs, etc.) with images of our buildings or grounds in combination with the use of our trademarks, tradenames, or logos is strictly prohibited without the prior written agreement of The Wayside Inn Foundation. The tradenames, trademarks, and logos of The Wayside Inn Foundation are proprietary and protected assets. No party may use our tradenames, trademarks, or logos or images of our buildings to promote or endorse a product, service, organization, or activity without the prior written agreement of The Wayside Inn Foundation.
10. Assumption of Risk: All photographers, videographers, their clients, artists, and other visitors to our property assume all risks and agree to hold The Wayside Inn Foundation, its trustees, and staff harmless from any and all liability or claims arising out of any access or use of the Wayside Inn buildings, grounds, or property. The Wayside Inn Foundation is further protected by M.G.L. c.21, Section 17(c). Professional photographers and videographers are responsible to ensure they are protected by their own insurance policies while working on our property.
11. Parking: Please park in designated parking areas only.
12. Revisions: The Wayside Inn Foundation reserves the right to update or revise all policies from time to time in its sole and absolute discretion without notice and with immediate effect.
13. Other Policies: Other policies applicable to general visitors to our property may apply.