Terms & Conditions

PAYMENT REQUIREMENTS

The operator will only provide low resolution and water‐marked images prior to this final balance being received.

The client will be responsible for any reasonable costs, including the cost of travel (at 45p/mile) – most travel costs will be stated in the quotation but some charges (parking, congestion charge, etc.) will be added to the final invoice.

The operator’s liability for loss, damage, or failure to deliver the photos/videos shall be limited to the return of all monies paid (directly linked to the given operation).

CANCELLATION/POSTPONEMENT DUE TO WEATHER

Drone operations have specific weather requirement, as a result drones cannot fly in the following conditions:

• In winds above 20mph
• In rain, snow or fog
• In temperatures below -10°c, or above 40°c
• In visibility of less than 1500m

The day before the operation, the operator will examine the forecast to identify any potentially impending conditions, and will contact the client with advice – the client will then decide whether to:

a) Continue with the operation
In this situation the client will be charged the full agreed amount – The operator will still come to site as planned, but if the weather conditions do not fulfil the flying conditions, no flights will be made.

b) Postpone the operation
In this situation any money paid will be applied to the new date of operation – The operator will not turn up on the day that was originally planned.

c) Cancel the operation
In this situation the client is still required to pay a £25 charge for ‘Operational Planning’, the remaining amount allocated to the ‘Operation’ will not be required.

NB - If the operator doesn’t inform the client of any ‘impending weather conditions’, and yet the weather turns out to be unsuitable for flight, the client will be given the option to postpone or cancel (subject to the conditions above).

CANCELLATION NOT DUE TO WEATHER

If the operator has to cancel this contract for reasons beyond their control (injury, sickness etc.) their liability shall be limited to a full refund of all monies paid (directly linked to the given operation).

Should the operation need to be postponed by the client, then, subject to availability, all money paid may be applied to the new date of operation. After two postponements the client may not postpone again (excluding postponements due weather), unless agreed by the operator.

The client may cancel this contract at any time by giving written notice to the operator, however any cancellations made less than 5 days prior to the operation will be still be charged £25 for ‘Operational Planning’.

PRIVACY OF PROPERTY AND PERSONS

The client warrants that they represent the owner or authority of any location or property being photographed/filmed, and have secured permission to film the selected locations. The client is responsible for notifying any person that shall be present during the operation (and their legal guardian if under 16), to inform them that a drone will be flying, to capture videos/photos, and all guidance from the operator should be followed.

THE DELIVERABLE

The operator shall strive to accommodate reasonable requests in regard to angles and subjects – however these may be limited by operational guidelines provided by the CAA (Civil Aviation Authority). The operator shall however be granted artistic license in obtaining the photos/videos and will always operate within CAA guidelines, and acceptable operational safety margins.

There will be no guaranteed quantity of photos/videos taken or given from the operation. Due to the unpredictable nature of the weather, lighting conditions and the willingness of subjects, it may not be possible to capture all the images requested.

OWNERSHIP RIGHTS & RESPONSIBILITIES

Any images/videos or copies of images/videos whether stored digitally or otherwise, and any computer program including any source or object code, computer files or printed documentation relating to such images/videos are protected by the Copyright and Design Act 1988.

Unless a buyout of images/videos is specifically agreed and contracted, the operator retains the copyright of all content. The client will get full use of the material, however they will not be able to sell the images/videos or allow 3rd party companies to use it without the operator’s consent.

Unless agreed in writing, if the client wishes to add photos/videos to social networking sites, they must use an unmodified version and credit the operator (‘Photos/videos by CreativeSkies.co.uk’) or use a version watermarked with the operator’s logo.

The Client agrees and acknowledges that operator may use the images/videos obtained through the operation in their portfolio and on social media. Further, the operator may display the client’s name and/or logo as a party with whom they have worked.

GENERAL PROVISIONS

a) All work shall be completed in a professional manner, and in compliance with all applicable laws.
b) The operator indemnifies the client against any claim for loss, damage or injury due to negligence of the operator up to the sum of £1m.
c) The client shall indemnify and hold the operator harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or wilful misconduct of the client.
d) The headings of the sections within this contract are for convenience only, and do not affect the meaning of the provisions of this Agreement.

COMPLAINTS

Any complaints should be raised with the operator in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images/videos. After this time has elapsed, it shall be deemed that the client is satisfied with the service rendered and/or products received.

DISCLAIMER

The operator agrees that every effort will be made to provide a high quality photographic/video service. In the unlikely event that a catastrophic mechanical failure should occur to the drone, photography equipment or transport and the operator is unable to provide the client with the agreed upon services and/or products, then the operator’s liability shall be limited to a full refund of all monies paid (directly linked to the given operation).

The operator will make every effort to ensure all photo (and/or unedited videos) are provided to the client within 2 weeks of the operation, and if applicable any edited video within 5 weeks of the operation unless otherwise agreed.

The operator cannot be held responsible for unusable shots due to circumstances beyond the operator’s control.

LEGAL LIABILITY

If any imagery/videos captured in the course of employed work forms part of any legal proceedings or disputes, the client indemnifies the operator from any involvement in said legal proceedings in perpetuity.

In such a case, no judgements will be made or advice given by the operator, to the client, with regards to the content of the images or video.