- When booking a session, you agree to these terms of service upon paying your booking deposit/retainer fee, and/or the acceptance of quote/estimate are taken as acceptance of the below listed terms and conditions. Any trade work agreed to by the photographer/drone pilot and another vendor is still subject to these terms and conditions.
1) Photography Services
DEFINITIONS:
- This Agreement is between Kistler Drone and Photography LLC (“Photographer/Drone Operator”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
- “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
USAGE RIGHTS AND OWNERSHIP:
- Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on this Agreement.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
- Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
- The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.
- Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
- The use of any Image(s) by Client will not constitute a work of joint authorship.
- Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
- Unless otherwise agreed, Photographer retains the right to use the Image(s) for his/her self-promotion.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
- Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
- Portrait sessions include editing which consist of changes to the color, crop, contrast, & exposure at the photographers discretion. Portrait sessions do not include retouching.
GENERAL LIABILITY AND RELEASES:
- Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
- Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
- Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
- Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
- In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
PAYMENT:
- Time is of the essence for receipt of full payment under this Agreement.
- NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.
- UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
- Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.
- All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
- Photographer does not provide any receipts to Client. Photographer’s invoice and/or business communicated emails will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
CREDIT LINE and COPYRIGHT NOTICE:
- Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
CANCELLATIONS AND POSTPONEMENTS:
- A deposit/retainer fee may be due to hold your session date. This fee is non-refundable. The remaining balance is due the date of your session. If you cancel, your retainer is forfeited and may not be applied to another session. If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining 50% balance.
RESHOOTS:
- If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
- If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
FAILURE TO PERFORM:
- If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
- This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
KILL FEE:
- Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
ARCHIVING DIGITAL FILES:
- While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
- Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
- All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.
- Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.
DIGITAL FILE QUALITY:
- Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
- Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
- It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
- All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.
SESSION TERMS:
- Sessions will be conducted at a location agreed upon by the photographer. The photographer/drone operator will not trespass or use any property/locations that is considered unlawful to do so. The photographer/drone operator is bound by any rules states for the property or location. If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property. The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
- No other photographers/videographers are allowed during the session unless agreed to in writing by Kistler Drone and Photography LLC. Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.
ACCEPTANCE OF TERMS:
- Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
- No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
- This Agreement will be deemed to be a contract made under the laws of the United States and the State of Oklahoma, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Oklahoma. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
- If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- In addition to oral and written agreements, placing a deposit/retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
- This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.
2) Drone Services
QUOTATIONS AND PRICING:
- Kistler Drone and Photography LLC will only honor prices provided in dedicated electronic estimates/quotations with Kistler Drone and Photography LLC reference numbers and provided to clients by Kistler Drone and Photography LLC upon request, with any quote remaining valid for a period of 30 days from the date on the quotation.
STANDARD FLIGHT OPERATIONS AND NON-STANDARD FLIGHT OPERATIONS:
As an approximate guide, for a flight to be classed as a ‘standard flight operation’, then the proposed flight must satisfy ALL the following nine statements:
1) – The UAS must be flown entirely over land/property either owned or controlled by the client.
2) – Kistler Drone and Photography LLC must be granted permission to take-off and land from the land/property in question, by either the owner or a person authorized to grant permission.
3) – The UAS must not be flown over or within 150m of any organized open-air assemblies of 1,000 persons or more.
4) – The UAS must not be flown over or within 50m of any person, vessel, vehicle, or structure, that cannot be directly controlled by the Kistler Drone and Photography LLC Pilot.
5) – The UAS must not be flown over or within 150m of any congested area.
6) – The UAS must not be flown at night.
7) – The UAS must not be flown over water (Unless approved in advance).
8) – The UAS must be fitted with one of the standard cameras featured on the rates list.
9) – 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.
Any proposed flight operation that cannot satisfy one or more of these nine statements will be classed as a ‘non-standard flight operation’ and will require a unique quotation.
ORDER CONFIRMATION, BOOKING FEES, PAYMENTS, AND CANCELLATIONS:
- Kistler Drone and Photography LLC require a written confirmation of order before any flights will be carried out, which can be sent via email. In the event of booking a non-standard flight operation, the order may require a 25% booking fee, based on the total value of the order.
- Any payment or outstanding balance must be paid within the payment terms specified on the invoice, which will typically be 30 days from the date of the flight operations.
- Kistler Drone and Photography LLC reserves the right to add 5% per month to overdue or partly overdue accounts and will retain all rights to supplied material until payment is received in full.
- Kistler Drone and Photography LLC will only release either photos and or videos on receipt of payment in full.
- Notice of cancellation by the Client must be received at least 2 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 Kistler Drone and Photography LLC on behalf of the Client.
PERMISSIONS FOR COMMERCIAL OPERATIONS:
- It is possible that aerial work may require Police, Local Authority and/or Parking Enforcement permission, to operate in a public location. Due to this Kistler Drone and Photography LLC will only conduct flight operations once suitable permissions and legal access has been obtained/granted to operate safely.
- Where it is necessary to enter private land or property, it is expected that the Client will obtain the necessary permissions from either the land/property owner or a person authorized to grant permission. A copy of which will be forwarded to Kistler Drone and Photography LLC to be kept on record.
COPYRIGHT:
- Unless otherwise agreed at the point of sale, the legal copyright for any material created by Kistler Drone and Photography LLC will remain the property of Kistler Drone and Photography LLC and Kistler Drone and Photography LLC retains the right to use said material for personal marketing purposes as required. This may include display on Kistler Drone and Photography LLC’s website and social media sites including Facebook, and Instagram.
- Kistler Drone and Photography LLC will pass personal reproduction rights of any commissioned material supplied to the Client upon full payment of the relevant invoice.
- The use of any material produced by Kistler Drone and Photography LLC for merchandising or onward sale, or by any third party not directly on the Client’s behalf, is NOT permitted without written permission from Kistler Drone and Photography LLC. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (i.e., Kistler Drone and Photography LLC), commissioned or otherwise, is suitably credited whenever the material is published or displayed.
- Where the Client supplies Kistler Drone and Photography LLC with material, it is the Client’s responsibility to obtain all necessary copyrights for its use and Kistler Drone and Photography LLC 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 Kistler Drone and Photography LLC from any claim which arises regarding the use of material with which the Client supplies.
MATERIAL NOT CREATED BY KISTLER DRONE AND PHOTOGRAPHY LLC:
- In situations where the Client agrees to provide Kistler Drone and Photography LLC with additional copy, images, and information to add to edited works, Kistler Drone and Photography LLC accept no responsibility for the Client’s 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, Kistler Drone and Photography LLC 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 Kistler Drone and Photography LLC with adequate materials, will be charged at our standard rate. Kistler Drone and Photography LLC accept no responsibility for the delay caused in providing the Client with the final work because of the Client supplying us with insufficient or unsuitable materials.
- Where the Client supply or specify materials, Kistler Drone and Photography LLC 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 Kistler Drone and Photography LLC will act as the sole and exclusive paid photographers / operatives. Kistler Drone and Photography LLC reserves the right to prohibit other photography / aerial work during flight operations.
LIMIT OF LIABILITY:
- When operating outdoors, the success of the work is weather dependent. Kistler Drone and Photography LLC will always maintain to work to 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 Kistler Drone and Photography LLC. This decision will come from the UAS Operator on the day regarding flight suitability.
- As a result of flight operations being dependent on weather conditions, Kistler Drone and Photography LLC cannot guarantee to complete any work by given dates. Kistler Drone and Photography LLC will therefore not be responsible for any missed deadlines or other consequences because of the timing of the work.
- Kistler Drone and Photography LLC will only operate flights within the limits of our Commercial Drone Pilot License (Part 107) from the Federal Aviation Administration (FAA) and the law. If on the day of flight operations, the Kistler Drone and Photography LLC Pilot decides specific shots, included in the brief and quoted to be undertaken, cannot be done so safely, then the best possible alternative shot(s) will be offered, and these will be deemed to fulfill the contract.
- Kistler Drone and Photography LLC makes every effort to produce the highest quality material possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of the Client’s work being lost, stolen, or destroyed for reasons beyond Kistler Drone and Photography LLC’s 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.
- Kistler Drone and Photography LLC is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of obstacles at the location.
CLIENT AND HIRED-IN EQUIPMENT:
- In the event that Kistler Drone and Photography LLC are requested to utilize equipment owned by the Client, then Kistler Drone and Photography LLC take no responsibility in the event of the equipment being damaged either during use or as the result of an accident.
- In the event that Kistler Drone and Photography LLC are requested to utilize equipment hired-in either by us and/or by the client, then Kistler Drone and Photography LLC take no responsibility in the event of the equipment failing to operate, as Kistler Drone and Photography LLC cannot guarantee the quality of equipment not owned in-house.
- Due to circumstance planned or unplanned following a cancellation of an agreed work by the client any hired-in equipment may be charged to the client
- In the case of Client or hired-in equipment being attached to a Kistler Drone and Photography LLC UAS, then Kistler Drone and Photography LLC reserve the right to add the equipment to our insurance policy, which may incur an additional admin charge.
DISCLAIMER:
- This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated, and signed by the Client and Kistler Drone and Photography LLC at the time of acceptance of this contract shall be recognized as amendments to this contract.