Got #2 sorted, but I'm not sure what you mean by not using a fieldset in my form definition. If you don't mind, would you mind giving me a bit more info on this?!
For your header image to appear, a "fieldset" form field needs to be added to your form definitions. Just click "add new field", move to the top and make it a "New Fieldset". Also, check out the help pages on using fieldsets.