Terms of Service
This Terms of Service Agreement (the “Agreement”) is between SkyShotAirCam, and The “Client” (collectively the “Parties”).
This Agreement sets forth the legally binding terms for the Client’s use of SkyShotAirCam services.
The Parties agree as follows:
SkyShotAirCam will perform the Aerial video and photographic services (the “Services”) described by the Client at the given date, time and location (collectively referred to as the “Event”).The time and date are subject to change by SkyShotAirCam for any reason including but not limited to: personal injury, illness or act of God.
Due to the fact that each job is different in a unique way, SkyShotAirCam normally provides quotes on an individual service basis. each job is unique with many variable factors. After detailed discussion and briefing on the proposed service, there are a number of factors that may affect the quotation such as; weather and external shooting conditions, requirement for additional CAA approvals, etc
SkyShotAirCam will provide their own video and drone related equipments necessary to provide the Services.
4. OWNERSHIP, COPYRIGHT & SHARING:
The Parties agree that all work performed for the Client shall be considered as works made for hire and the client purchasing the service of SkyShotAirCam will get full use of the material but will not be able to sell the footage or allow any 3rd party to use it without the agreement of SkyShotAirCam . The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Event including, but not limited to, copyright and trademark rights. SkyShotAirCam has exclusive and complete ownership in the intellectual property inherent in the recording of the Event at any time after such recording. In addition, the Client agrees that SkyShotAirCam shall still maintain an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the video and/or audio recorded for the Service, in promotion or for other marketing purposes. The Client agrees and acknowledges that SkyShotAirCam may reasonably use the recording of the Event in their portfolio. Further, SkyShotAirCam may display the Client’s name and logo on their website as a party with whom they have worked for.
The Client agrees to the total amount stated in their Invoice.
Client will make a one-time payment to SkyShotAirCam for the invoiced total OR
Client shall pay 35% of the full amount prior to any work being started as a reservation fee. This fee is not refundable and will be credited to the final amount owed OR Client will pay SkyShotAirCam multiple payments over a defined term. We are happy to provide a quotes in writing once we have received a full brief from the Client and expectations of the shoot discussed.
7. PRIVACY OF PROPERTY AND PERSONS:
Client warrants that they represent the owner or authority of any location or property being filmed, and have secured permission to film the selected location and/or property outlined for the Service. Client is responsible for notifying any person that shall be present at the Event, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that video and/or audio will be recorded SkyShotAirCam. SkyShotAirCam agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Event.
8. POSTPONEMENTS, CANCELLATIONS & WEATHER
Bearing in mind that drone and aerial filming is naturally affected by the flying conditions. If we are unable to carry out a service due to weather conditions (strong winds, rain etc.), there will be no charge to the client and an alternative arrangements for the shoot will be agreed for another time. The reservation fee will then be transferred to the re-scheduled shoot. However, if the shoot cannot be re-scheduled, we will discuss the cancellation policy and potential fees with the Client and come to a fair and reasonable compromise. If a job is cancelled due to other issues and simply not re-scheduled due to the client no longer requiring our services, the reservation fee will not be refunded and additional costs have incurred will be debited to the client.
9. GENERAL PROVISIONS:
- All work shall be completed in a professional manner, and in compliance with all applicable laws.
- No modification of this Contract shall be valid unless in writing and agreed upon by both Parties. Any changes to this document must be signed by both SkyShotAirCam and the Client.
- The Client shall indemnify and hold SkyShotAirCam harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or wilful misconduct of the Client
- SkyShotAirCam shall not be liable for any delay due to circumstances beyond our control.
- SkyShotAirCam is an independent Contractor and not an employee of the Client.
- Neither the Client nor SkyShotAirCam may assign this Agreement without prior written consent from the non-assigning party.