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This agreement contains the entire understanding between Altitude Aerial Photography Ltd (Altitude Aerial 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 Altitude Aerial Photography Ltd and the Client.
Quotations and Pricing:
Altitude Aerial Photography Ltd offer a ‘Rate Card’ for clients to approximate the costs they may incur by employing the services of Altitude Aerial Photography Ltd 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 Altitude Aerial Photography Ltd Rate Card is only offered for the purpose of price approximation and must NOT be considered a written quotation.
Altitude Aerial Photography Ltd will only honour prices provided in dedicated written quotations with Altitude Aerial Photography Ltd reference numbers and provided to clients by Altitude Aerial 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) - Altitude Aerial 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 Altitude Aerial 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.
8) - The UAS must be fitted with one of the standard cameras featured on the rates card.
9) - The UAS must not be flown in any form or 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:
Altitude Aerial Photography Ltd require a 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.
Altitude Aerial 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.
Notice of cancellation by the Client must be received at least 7 days prior to any planned flight operation date. A cancellation may incur an administrative charge to recover expenses incurred if any preparatory work has been undertaken by Altitude Aerial Photography Ltd on behalf of the Client.
Permissions for Aerial Photography:
It is possible that aerial photography may require Police, Local Authority and/or Parking Enforcement permission, to operate in a public location. As a result Altitude Aerial 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.
Unless otherwise agreed at the point of sale, the legal copyright for any material created by Altitude Aerial Photography Ltd will remain the property of Altitude Aerial Photography Ltd and Altitude Aerial Photography Ltd retains the right to use said material for personal marketing purposes as required. This may include display on Altitude Aerial Photography Ltd’s website and social media sites including Twitter, Linked In and Facebook.
Altitude Aerial 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 Altitude Aerial 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 Altitude Aerial 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. Altitude Aerial Photography Ltd), commissioned or otherwise, is suitably credited whenever the material is published or displayed.
Where the Client supplies Altitude Aerial Photography Ltd with material, it is the Client’s responsibility to obtain all necessary copyrights for its use and Altitude Aerial 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 Altitude Aerial Photography Ltd from any claim which arises regarding the use of material with which the Client supplies.
Material NOT Created by Altitude Aerial Photography Ltd:
In situations where the Client agrees to provide Altitude Aerial Photography Ltd with additional copy, images and information to add to edited works, Altitude Aerial 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, Altitude Aerial 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 Altitude Aerial Photography Ltd with adequate materials, will be charged at our standard rate. Altitude Aerial 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, Altitude Aerial 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:
It is understood that Altitude Aerial Photography Ltd will act as the sole and exclusive paid photographers. Altitude Aerial Photography Ltd reserves the right to prohibit other photography during flight operations.
Limit of Liability:
When operating outdoors, the success of the work will depend on the weather. Altitude Aerial Photography Ltd will always endeavour to work to agreed schedules, however should the flight operation need to be postponed as a result of the weather on the day, there will be no additional charge to the Client, unless postponement incurs additional charges to Altitude Aerial Photography Ltd.
As a result of flight operations being dependant on weather conditions, Altitude Aerial Photography Ltd cannot guarantee to complete any work by given dates. Altitude Aerial Photography Ltd will therefore not be responsible for any missed deadlines or other consequences as a result of the timing of the work.
Altitude Aerial Photography Ltd will only operate flights within the limits of our Permit for Commercial Operation (PFCO) or our extended UAS Operational Safety Case (UAS OSC) from the Civil Aviation Authority (CAA) and the law. If on the day of flight operations the Altitude Aerial 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.
Altitude Aerial 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 Altitude Aerial 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.
Altitude Aerial 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 Altitude Aerial Photography Ltd are requested to utilise equipment owned by the Client, then Altitude Aerial 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 Altitude Aerial Photography Ltd are requested to utilise equipment hired-in either by ourselves and/or by the client, then Altitude Aerial Photography Ltd take no responsibility in the event of the equipment failing to operate, as Altitude Aerial Photography Ltd can not guarantee the quality of equipment not owned in-house.
In the case of Client or hired-in equipment being attached to an Altitude Aerial Photography Ltd UAS, then Altitude Aerial Photography Ltd reserve the right to add the equipment to our insurance policy, which may incur an additional admin charge.
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 Altitude Aerial Photography Ltd at the time of acceptance of this contract shall be recognised as amendments to this contract.
Page updated: 01 January 2018
ACCEPTANCE OF THE DESCRIPTION OF SERVICES AND PAYMENT TERMS DETAILED WITHIN A QUOTE ARE TAKEN AS ACCEPTANCE OF THE ABOVE LISTED TERMS AND CONDITIONS.