This Terms of Service Agreement (the “Agreement”) is between The Aerial Filming Company Inc., and The “Client” (collectively the “Parties”).

The Parties agree as follows:

1. SERVICES:

The Aerial Filming Company prides itself on the quality production of Aerial Imagery and works diligently to pursue this. The Aerial Filming Company works hand in hand with the Client in achieving this common goal. The Aerial Filming Company represents and warrants that all aircraft are routinely inspected and are in good working order. It is understood and agreed that acquisition tasks vary widely in degree of difficulty and possible outcome. Due to the inherent nature of remotely controlled aerial imaging equipment, certain inaccuracies in regards to photographic or video graphic perspective or aesthetics are understood, and to varying degrees, expected. Therefore The Aerial Filming Company and their affiliates make no warranty to the following:

2. EQUIPMENT:

Image perspective/aesthetic inaccuracies brought on by a number of conditions that are beyond the equipment operator’s control. These include but are not limited to, lens debris accumulation while in flight, extreme low lighting conditions not fitting for camera and lens, weather conditions such as winds in excess of 15 mph, fog, clouds, ambient temperatures below 32 degrees Fahrenheit and/or above 98 degrees Fahrenheit, rain (no fly), acquisition altitudes that are unrealistic in regards to accurate perspective or aesthetics, camera type and/ or video post process filter artifacts (example: rolling shutter artifacts from CMOS based cameras and/or artifacts from post production filters such as “Smoothcam”, “Deshaker”, “Warp Stabilizer”, and similar), radio interference limiting or preventing the flying or controlling of the aircraft. The Aerial Filming Company shall work closely with the Client to understand and perform needs and to avoid the risk factors delineated hearin.

3. OWNERSHIP, COPYRIGHT & SHARING:

The Parties agree that all work performed for the Client shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act. The Client agrees and acknowledges that The Aerial Filming Company Inc. may reasonably use the recording of the event in their portfolio. Further, The Aerial Filming Company Inc. may display the Client’s name and logo on their website as a party with whom they have worked.

4. COST:

The Client agrees to the total amount stated in their Estimate and/or Invoice. Card charges will have 3% processing fee added.

5. BOOKING OUR SERVICES:

Booking is not confirmed until an approved estimate is returned. For tentative shoot dates The Aerial Filming Company reserves the right to release any dates not confirmed. New clients must make a credit card deposit or wire transfer for 50% of estimate plus travel costs. Once a 50% deposit has been paid, production dates will be booked.

6. LIABILITY:

The Aerial Filming Company’s aerial platforms are state of the art, custom built radio controlled flying machines, assembled from the latest in commercially attainable materials and components. Be advised that radio controlled aerial imagery acquisition entails risk to property and personal well being both immediately and subsequently. Client agrees to release from liability The Aerial Filming Company and their owners, officers, employees, indemnities of any and all property damages, bodily/mortality injury, monetary damages, equipment damages caused by rendering services here under, except due to negligence of The Aerial Filming Company will assess all situational hazards and conditions and reserves the right to modify, change or refuse its service at their discretion at any time for reasons of safety, technicality or legality but will receive pay up to that point on a prorate basis. The Aerial Filming Company assumes no responsibility whatsoever, and is not liable in any way for any real or perceived loss to client, including but not limited to the following: data loss, data corruption, human error, computer error, force majeure, equipment failure or malfunction, delays or cancellations of any kind. In the event of equipment or property damage or loss caused by client or client’s contracted staff or third parties, client shall pay for repairs and/or replacement of property, including the loss of income equal to the base rental rate of the lost or damaged property multiplied by the number of days required to repair or replace such property. 

7. REFUNDS / CANCELLATIONS:

The Aerial Filming Company requires 72 hours prior written notice for cancellation, otherwise 100% of the full rates and fees are payable to The Aerial Filming Company by client upon cancellation. In the event of hazardous conditions to personnel or equipment, or conditions where the wind is more than 25 miles per hour or there is rain or inclement weather, The Aerial Filming Company may cancel or delay services. If such cancellation occurs, full rates apply. Client is responsible to notify The Aerial Filming Company in advance of relevant job information, requirements and conditions. The Aerial Filming Company must be included in all relevant distributions, e-mails and must receive call sheets in a timely manner and within 24 hours of the shoot date. Time is of the essence; The Aerial Filming Company reserves the right to openly contract with other prospects and potential Clients at any time prior to these terms being met.

8. 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 photos will be recorded by The Aerial Filming Company Inc.

9. GENERAL PROVISIONS:

1. All work shall be completed in a professional manner, and in compliance with all applicable laws. This includes the terms of our FAA Section 333 exemption, FAA Part 107 Certification or Canadian SFOC.
2. The Aerial Filming Company Inc. shall not be liable for any delay due to circumstances beyond our control.
3. The Aerial Filming Company Inc. is an independent Contractor and not an employee of the Client.
4. 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 The Aerial Filming Company Inc. and the Client.
5. Client shall indemnify and hold The Aerial Filming Company Inc. harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or willful misconduct of the Client.
6. The Aerial Filming Company Inc. maximum liability for loss, damage, or failure to deliver the Event video and/or photos shall be limited to the return of all payments made.
7. This Agreement shall be construed in accordance with the laws of the state of NJ.
8. Neither the Client nor The Aerial Filming Company Inc. may assign this Agreement without prior written consent from the non-assigning party.
9. This Agreement constitutes the entire agreement between the Client and The Aerial Filming Company Inc., and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

These Terms of Service (TOS) are subject to update at any time and the most recent version will be posted here.  The last update to our TOS occurred on August 11 2019.