This agreement contains the entire understanding between Drone Photography South West and the client.
Quotations and Pricing:
Drone Photography South West provide a rate list for clients as a guide to the approximate costs they may incur by employing the services of Drone Photography South West for 'standard flight operations. However it should be noted that is a guide only and must NOT be considered as a written quotation.
Drone Photography South West will only honour prices provided in written quotations to clients upon request, with any quote remaining valid for a period of 30 days from the date of quotation.
Standard Flight Operations:
The UAS must be flown entirely over land/property either owned or controlled by the client.
Drone Photography South West must be granted permission to take off and land from the land/property in question, by either the owner or a person authorised to grant permission.
The UAS must not be flown over of within 150m of any organised open air assemblies of 1,000 persons or more.
The UAS must not be flown over of within 50m of any person, vessel, vehicle or structure, that can not be directly controlled by the Drone Photography South West pilot.
The UAS must not be flown over or within 150m of any congested area.
The UAS must not be flown at night
The UAS must not be flown over water (unless approved in advance).
The UAS must not be flown in any form on controlled, restricted or high risk airspace, such as those around airports, HIRTA locations or areas restricted by NOTAM
Order Confirmation, Booking Fees , Payments and Cancellations:
Drone Photography South West require written confirmation of order before any flights will be carried out, which can be sent by email or post.
Drone Photography South West require that 25% of the total booking fee is to be paid in advance of the works to be undertaken.
The outstanding balance must be paid within the payment terms specified on the invoice, which will typically be 14 days from the date of flight operations.
Drone Photography South West reserves the right to add 5% per month to overdue or partly overdue accounts and will retain all rights to supplied materials until payment is received in full.
Drone Photography South West will ONLY release either photos and or videos on receipt of payment in full. All photos and or videos released prior to such payment will be clearly watermarked for the clients approval. Upon full payment, photos and or videos will then be supplied without a watermark.
Notice of cancellation by the client must be received at least 7 clear days prior to any planned flight operation date. A cancellation may incur administrative charges to recover expenses incurred if any preparatory work has been undertaken by Drone Photography South West of behalf of the client.
All work undertaken outside of a 10 mile radius of Drone Photography South West, Nr Winleigh EX19 8ED will be charged at 45p per mile. If accommodation is required, then this cost will be agreed prior to any works undertaken for the client
Permissions For Commercial Operations:
In some circumstances for aerial work, permission may be required by Police, Local Authority, CAA and the like, to operate in a public location. Drone Photography South West will only conduct flight operations once all suitable permissions and legal access has been obtained/granted in order to operate safely.
Where it is necessary to enter private land or property, it is expected that the client will obtain all necessary permissions/licences, from either the land/property owner or a person authorised to grant permission. Written confirmation of the permissions granted need to be forwarded to Drone Photography South West.
Copyrights:
Unless agreed at the point of sale, the legal copyright for any material created by Drone Photography South West will remain the property of Drone Photography South West and Drone Photography South West retains the right to use said material for personal marketing purposes as required. This may include display on Drone Photography South West website and social media sites including Twitter, LinkedIn, Facebook and Instagram.
Drone Photography South West will pass personal production rights of any commissioned material supplies to the client upon full payment of the relevant invoice.
The use of any materials produced by Drone Photography South West for merchandising or onward sale, or by any third party not directly on the clients behalf, is NOT permitted without written permission from Drone Photography South West. This will incur a negotiated Reproduction Fee. Moral rights will be required in that the name of the author of photographs and or video (ie. Drone Photography South West) commissioned or otherwise is suitably credited whenever the material is published or displayed.
Where the client supplies Drone Photography South West with material, it is the clients responsibility to obtain all necessary copyrights for its use and Drone Photography South West assume that the client possesses said copyright/permissions. In such cases, the copyright belongs to the client. By signing the agreement, the client agrees to indemnify Drone Photography South West from any claim which arises regarding the use of material with which the client supplies.
Material NOT created by Drone Photography South West:
In situations where the client agrees to provide Drone Photography South West with additional copy, images ad information to add to edited works, Drone Photography South West accept no responsibility for the clients work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from the client.
if the client cannot supply the information they wish to feature in their product, Drone Photography South West will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final work. The time taken to compile the data, as well as any additional time required to correct errors, omissions or discrepancies which have arisen through the client not providing Drone Photography South West with adequate materials, will be charged at our standard rate. Drone Photography South Westaccept no responsibility for the delay caused in providing the client with the final work as a result of the client supplying us with insufficient or unsuitable materials.
Where the client supply or specify materials, Drone Photography South West will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Exclusivity / Guest Photography / Commercial Work:
it is understood that Drone Photography South West will act as the sole and exclusive paid photographers / operatives. Drone Photography South West reserves the right to prohibit other photography / erial work during flight operations.
Limit of Liability:
When operating outdoors, the success of the work is weather dependent. Drone Photography South West will always maintain to work as agreed schedules, however should the flight operation need to be postponed resulting from the weather on the day, there will not be any additional charges to the client, unless postponement incurs additional charges to Drone Photography South West. This decision will be made by the UAS operator on the day regarding flight suitability.
As a result of flight operations being dependent on weather conditions, Drone Photography South West cannot guarantee to complete any work by given dates. Drone Photography South West will therefore not be responsible for any missed deadlines or other consequences as a result of the timing of the work.
Drone Photography South West will only operate flights within the limits of operating within the CAA regulations and the laws. If on the day of the flight operations the Drone Photography South West pilot decides specific shots, included within the brief and quoted to be undertaken, cannot be done safely, then the best possible alternative shot(s) will be offered and these will be deemed to fulfill the contract.
Drone Photography South West makes every effort to produce the highest quality material possible, including professional grade equipment, professional grade backup equipment and making multiple copies of images. However, in the unlikely event of the clients work being lost, stolen or destroyed for reasons beyond Drone Photography South West control, their liability is limited to the return of all payments received for the relevant order. The limit of liability shall not exceed the contract price stated therein.
Drone Photography South West is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules and restrictions of venue, or the rendering of obstacles at the location.
Drone Photography South West will always check the weather for the proposed works to be undertaken. If is is deemed that the weather will not be suitable on the day, then Drone Photography South West reserve the right to postpone the date of the proposed work. Drone Photography South West will provide as much notice as possible, but it must be remembered that this is completely weather dependent. Drone Photography South West will not fly drones during periods of rain, sleet, hail, snow, high winds.
Disclaimer:
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only hose changes or modifications specifically placed in writing, attached, dates and signed by the client and Drone Photography South West at the time of acceptance of this contract shall be recognised as amendments to this contract.
Page Updated: 1st June 2022
ADDRESS
Drone Photography South West
Broadwoodkelly, Winkleigh, Devon, EX19 8ED
Phone: 07970 222230
Email: dronephotographysw@gmail.com