Yorkshire Drone Photography Ltd

Terms and Conditions :

This agreement contains the entire understanding between Yorkshire Drone Photography Ltd (Yorkshire Drone Photography Ltd) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, provided that the document is signed by Yorkshire Drone Photography Ltd and the Client.

Quotations and Pricing :

Yorkshire Drone Photography Ltd offer a Rate List for clients to approximate the costs they may incur by employing the services of Yorkshire Drone Photography for ‘standard flight operations’. However it should be noted that due to the complex nature of operating Unmanned Aircraft Systems (UAS) in the United Kingdom (UK), the Yorkshire Drone Photography Ltd Rate List is only offered for the purpose of price approximation and must NOT be considered a written quotation.

Yorkshire Drone Photography Ltd will only honour prices provided in dedicated written quotations with Yorkshire Drone Photography Ltd reference numbers and provided to clients by Yorkshire Drone Photography Ltd 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 of the following nine statements:

1) – The UAS must be flown entirely over land/property either owned or controlled by the client.

2) – Yorkshire Drone Photography Ltd 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.

3) – The UAS must not be flown over or within 150m of any organised 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 can not be directly controlled by the Yorkshire Drone Photography Ltd 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 can not 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 :

Yorkshire Drone Photography Ltd require a written confirmation of order before any flights will be carried out, which can be sent via post or 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.

Yorkshire Drone Photography Ltd 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.

Yorkshire Drone Photography Ltd will only release either photos and or video’s on receipt of payment in full

Notice of cancellation by the Client must be received at least 7 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 Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd will only conduct flight operations once 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 the necessary permissions from either the land/property owner or a person authorised to grant permission. A copy of which will be forwarded to Yorkshire Drone Photography Ltd to be kept on record.

Copyright :

Unless otherwise agreed at the point of sale, the legal copyright for any material created by Yorkshire Drone Photography Ltd will remain the property of Yorkshire Drone Photography Ltd and Yorkshire Drone Photography Ltd retains the right to use said material for personal marketing purposes as required. This may include display on Yorkshire Drone Photography Ltd’s website and social media sites including Twitter, Linked In and Facebook.

Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd for merchandising or onward sale, or by any third party not directly on the Client’s behalf, is NOT permitted without written permission from Yorkshire Drone Photography Ltd. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (i.e. Yorkshire Drone Photography Ltd), commissioned or otherwise, is suitably credited whenever the material is published or displayed.

Where the Client supplies Yorkshire Drone Photography Ltd with material, it is the Client’s responsibility to obtain all necessary copyrights for its use and Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd from any claim which arises regarding the use of material with which the Client supplies.

Material NOT Created by Yorkshire Drone Photography Ltd :

In situations where the Client agrees to provide Yorkshire Drone Photography Ltd with additional copy, images and information to add to edited works, Yorkshire Drone Photography Ltd 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, Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd with adequate materials, will be charged at our standard rate. Yorkshire Drone Photography Ltd accept 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, Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd will act as the sole and exclusive paid photographers / operatives. Yorkshire Drone Photography Ltd 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 dependant. Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd. This decision will come from the UAS Operator on the day regarding flight suitability.

As a result of flight operations being dependant on weather conditions, Yorkshire Drone Photography Ltd cannot guarantee to complete any work by given dates. Yorkshire Drone Photography Ltd will therefore not be responsible for any missed deadlines or other consequences as a result of the timing of the work.

Yorkshire Drone Photography Ltd will only operate flights within the limits of our Permit for Commercial Operation (PFCO)  from the Civil Aviation Authority (CAA) and the law. If on the day of flight operations the Yorkshire Drone Photography Ltd 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 fulfil the contract.

Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd’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.

Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd are requested to utilise equipment owned by the Client, then Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd are requested to utilise equipment hired-in either by ourselves and/or by the client, then Yorkshire Drone Photography Ltd take no responsibility in the event of the equipment failing to operate, as Yorkshire Drone Photography Ltd can not 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 an Yorkshire Drone Photography Ltd UAS, then Yorkshire Drone Photography Ltd 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 Yorkshire Drone Photography Ltd at the time of acceptance of this contract shall be recognised as amendments to this contract.

Page updated: 08th July 2021

PLEASE NOTE:

ACCEPTANCE OF THE DESCRIPTION OF SERVICES AND PAYMENT TERMS DETAILED WITHIN A QUOTE ARE TAKEN AS ACCEPTANCE OF THE ABOVE LISTED TERMS AND CONDITIONS.

 

Regards

Ray Hardy

www.yorkshiredronephotography.com

Tel – 07564026863