Terms & Conditions

Last Update: September 2020

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By using these services, you acknowledge that you, herein referred to as “Customer”, have agreed to become a party to and legally bound by these terms and conditions.

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Definitions

The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa.

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“Agreement” refers to this service agreement and the terms and conditions herein.

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“Customer” means the individual or company purchases or requests the service.

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“Services” means the photography, videography and data collection services that Aerial Aspects provides using a number of methods including, but not limited to, using unmanned aerial vehicles (“UAVs”), also known as ‘drones’, 360 degree cameras to create interior virtual tours and digital SLR cameras.

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Services

Aerial Aspects provides photography, videography and data collection services (“Services”) using a number of methods included, but not limited to, using unmanned aerial vehicles (“UAVs”), also known as ‘drones’, 360 degree cameras to create interior virtual tours and other camera equipment.  

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Service Dates

Customer understands that there are variables, some outside of Aerial Aspects’s control, which affect Aerial Aspects ability to perform services, including flying a drone, on any given date and time at any given location.  These variables include, but are not limited to, compliance with FAA regulations, conditions and limitations, third party permissions, weather conditions and safety issues.  Aerial Aspects will work in good faith to meet Customer’s desired timeline. 

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Property Owner Permission and Right of Entry

Customer is responsible for providing information about the requirements for the requested Services and obtain permission, including right-of-entry, from the property owner or legal representative if they are not the legal owner or representative of the property.   Customer will provide right-of-entry to the Services location(s) for Aerial Aspects, its agents, representatives, employees and subcontractors, necessary to perform the Services.  Customer represents that the property owner hereby grants Aerial Aspect’s its agents and/or assigns, express and complete authorization to enter the property, perform the Services and take any other actions contemplated by this Agreement.  Customer shall provide right-of-entry to the Services location(s) for Aerial Aspects, its agents, representatives, employees and subcontractors, necessary to perform the Services.

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Payment Terms

Customer will pay as follows:

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1. For Service Fees under $1,500, the full balance will be due within 15 days from Aerial Aspects delivering the Service Deliverables.

2. For Service Fees at or over $1,500, a deposit of 50% will be required prior to the Services and the remaining balance will be due within 15 days from Aerial Aspects delivering the Service Deliverables.

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License of Works is granted only on payment of invoice.  Once the property has been photographed all sales are final.  If the client is not satisfied with the photographs taken, a reshoot may be requested.  The re-take and edits of the same property will be done for an hourly rate of $125 per hour.

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FAA Compliance and Drone Liability Insurance

Aerial Aspects represents that it has obtained all required FAA approvals for the Services, where applicable, and will have liability insurance for bodily injury and property damage for each flight operation.  Aerial Aspects will provide Customer with certificates of insurance upon request.  Aerial Aspects agrees to hold Customer harmless from any loss, damage, injury or liability arising directly from negligent acts by Aerial Aspects, its employees, agents and/or its representatives that are within the limits and coverage of said insurance and paid from the policy.

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Intellectual Property

Aerial Aspects owns any and all right, title and interest in and to, without exception and broadly defined, Copyright Protected Works (as herein defined), including, without limitation, all rights under copyright law in the United States and worldwide and all right to exploit the Copyright Protected Works before, after or during the term of any License to Customer and for any subject to the Terms.  Copyright Protected Works is defined to include all images, videos, graphics, data and data output, digital or otherwise, including, without limitation maps, photographs and videos created and/or generated by Aerial Aspects through or related to the use of Unmanned Aerial Systems or other equipment as part of the Services and/or Deliverables.

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Copyright Protected Works Usage

Customer agrees that Copyright Protected Works, also known as “Works”, whether registered or unregistered, are defined to include: 

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1. All photographs and video taken by Aerial Aspects as part of the Services or Deliverables, whether raw, edited, unedited, reproduced, copied, modified or sampled by Aerial Aspects, Customer or any third party.

2. All data in whatever form, obtained as part of the Services or Deliverables including data that is input, output, copied, manipulated, incorporated, edited, reproduced or analyzed into or by any third party software.

 

All rights to the Works are owned by Aerial Aspects and are entitled to all the commercial rights to the photographs, apart from rights to protected buildings, works of art or registered trademarks appearing in the photographs.  Aerial Aspects grants Customer the Copyright Protected Works rights to distribute copies of the Copyright Protected Works, display the Copyright Protected, incorporate the Copyright Protected Works into Customer’s original work.  The granting of this license does not imply a transfer of ownership.  These are only intended to be in line with the respective business purpose of the Customer.  Any representations or reproductions other than the marketing of the property photographed, complete or in part, carried out without the consent of Aerial Aspects can be considered a copyright violation.

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Copyright Protected Works Prohibited Uses

Unless otherwise agreed in writing, Aerial Aspects expressly prohibits Customer from using Copyright Protected Works in the following ways:

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1. Use that violates the rights of third parties or violates any applicable local, national, state, provincial, and/or international laws, treaties and regulations. 

2. Claim any proprietary rights of any sort in all or any part of the Copyright Protected Works, or alter or remove any copyright or proprietary notice contained in or in the Copyright Protected Works. 

3. Use all of any portion of the Copyright Protected Works in a way that would be considered offensive, threatening, pornographic, defamatory or unlawful.

4. Sublicense Rights to a third party.

5. Make modifications to Copyright Protected Works.

6. Sell the Copyright Protected Works.

7. Transfer the rights of the Copyright Protected Works to another party other than who entered the agreement.

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Enforcement of Intellectual Property Rights

Aerial Aspects reserves the exclusive right, but not the obligation, to enforce all copyrights against infringers at its own cost and to its exclusive benefit.

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Remedies

Event of Default: The following shall continue an Event of Default hereunder:  (a) Customer fails to make any payment when due; (b) Customer fails to perform any other covenant or agreement to be performed by it when due; or (c) Customer breaches any representation or warranty contained in this Agreement of the Service Agreement (“Event of Default”). 

 

Remedies: In the event of an Event of Default, Aerial Aspects shall have the following remedies at its discretion:  (a) to terminate this Agreement upon written notice; (b) to declare immediately due and payable all sums hereunder; (c) to recover damages from Customer, including additional costs actually incurred by Aerial Aspects as a result of Customer’s default; (d) to re-lease or re-sell the Work; or (e) exercise any other right available to it at law or in equity.  In addition to any other remedies under this Agreement or at law or in equity, if Customer defaults under its obligations to pay any sums due hereunder, such unpaid amount shall accrue interest shall pay interest on the overdue amount at the lesser of (i) twelve percent (12%) per annum or (ii) the highest rate permitted by law.

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Governing Law, Venue and Personal Jurisdiction

Aerial Aspects and Customer consent to the jurisdiction of the State and/or federal Courts located in Mecklenburg county, North Carolina for the resolution of any and all disputes between the parties arising out of this Service Agreement and agree that the venue will be proper and convenient in Mecklenburg County, North Carolina and that neither party shall challenge venue in Mecklenburg County, North Carolina.  The validity and construction of the Services Agreement, and the rights and duties of the parties thereunder, will be governed in accordance with the laws of the State of North Carolina, United States of America.

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Indemnification

Customer agrees to release, indemnify, protect, defend and hold harmless Aerial Aspects and its officers, directors, managers, employees, representatives, subcontractors, agents and respective successors or heirs from and against any claims, demands, actions, judgments, proceedings, awards, damages, losses, fines, penalties, costs, expenses and liabilities of any kind, including litigation costs and reasonable attorneys’ fees, in connection with this Agreement to the extent arising from or related to (a) the negligence or intentional wrongful acts or omissions of the Customer, its affiliates, subcontractors and its and their respective employees, officers, directors, representatives, agents and invitees,  (b) Aerial Aspects performance of the Services, except to the extent damages are caused by the gross negligence or willful misconduct of Aerial Aspects, and its agents, assigns or contractors; or (c) the failure of Customer to comply with the terms and conditions of this Agreement or the Service Agreement. This indemnification will survive the expiration or termination of this Agreement.

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Disclaimer of Warranties; Limitation of Liability

Except as expressly set forth herein, Aerial Aspects provides the Services and Works “as is” and with all faults, Aerial Aspects hereby expressly disclaims.  And Customer hereby waives, releases and renounces all other remedies, warranties, guarantees, obligations, representations and liabilities.  Expressed or implied, arising in fact, law, equity, contract, tort, under statue, under warranty or otherwise.  Further Aerial Aspects does not warrant that the Services or Works will be free of faults, flaws or other defects.  In no event shall Aerial Aspects, its affiliates or any of their respective officers, managers, directors, employees, representatives, subcontractors, agents and their respective succcessors or content or service provides be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Services or Works related to, including, without limitation, loss of revenue, or anticipated profits, loss of business, data or sales or cost of substitute services, even if Aerial Aspects or its representatives has been advised of the possibility of such damages.

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Authority to Sign; Third Party Consents

Each party signing this Agreement warrants that it has the power and authority to sign the Agreement and that all consents, aivers or approvals of any third parties required to be obtained in connection with this Agreement have been obtained and are in full force and effect. 

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Attorney's Fees

In the event an action is brought to enforce any provision of this Agreement, the prevailing party shall be awarded its reasonable attorney’s fees and costs of suit. 

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Counterparts

 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument or instruction, as applicable. All signatures of the parties to this Agreement may be transmitted by facsimile or as a PDF attached to an email, and such facsimile or PDF will, for all purposes, be deemed to be the original signature of such party whose signature it reproduces, and will be binding upon such party.

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Other Terms

Aerial Aspects may use the Works for its own marketing purposes, provided that no proprietary information shall be shared or displayed without Customer’s consent.

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By agreeing to these terms and conditions you agree to authorize Aerial Aspects to use your company logo or brokerage logo on our website or in other marketing materials along with the profile pictures.

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Invalidity or Unenforceability

Invalidity or unenforceability of one more provisions of this agreement shall not affect any other provision of this agreement.

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Entire Agreement

This Agreement, the Service Agreement and any estimates delivered to Customer by Aerial Aspects in connection herewith contain all of the parties’ agreements relating to the subject matter of this Agreement and supersedes all prior understandings, proposals, negotiations and representations, both oral and written, between the parties with respect to the subject matter hereof and thereof.  To the extent any terms set forth in Service Agreement or any estimates delivered to Customer by Aerial Aspects conflict with the terms set forth in this Agreement, the terms of this Agreement shall control. There are no oral agreements between the parties.

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