SERVICES

TERMS OF SERVICE

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 FAA FEDERAL REGISTRATION and COMMERCIAL CERTIFICATION

 

Aerial Envy aquired FAA Part 107 Remote Pilot Certification with a Small UAS Rating (#4028083), authorizing Commercial Drone Services under Title 14 of the Code of Federal Regulations (14CFR).  All flights are logged and pre-planned for airspace restrictions including private or commercial property within the flight location that have registered as a 'no fly zone'.

 

Definitions

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• This Agreement is between Aerial Envy (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

• “Image(s)" means the photographic material, or product, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

 

Licensing and Usage

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• If you have paid in full, you have the Rights to use the Image(s). You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sub-license your rights to use the products, or the photographs, video or other media contained therein, to anyone without written permission of the copyright holder (Aerial Envy).

• Your Rights permit you to use the Image(s), videos and other media for marketing purposes including multiple listing services. However, your Rights do not permit third-parties to copy, display or distribute our work for the purpose of providing services competitive with said Image(s) unless Photographer gives you written permission. For real estate, these rights are valid indefinitely, so long as you have the listing. If you no longer have the listing, you are giving up the rights to use the Image(s).

• If anyone asks you for any of your Rights to the Image(s), you agree to refer them to Photographer. If Photographer agrees to allow others to use the Image(s), an additional licensing fee may be required. Photographer agrees not to use the Image(s) in a way that interferes with your Rights.

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24 Hour Cancellation Policy​

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• Photographer requires a minimum of 24 hours for cancellation or re-schedule of photo shoot. Failure to provide 24 hours notice will result in a minimum charge of $40.

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Mileage

•  Prices listed are for real estate within area code 85308. Photo shoots outside of this radius will be @ $ .75 per mile calculated to/from. There will be a $20.00 trip charge for homes located in Goodyear, Tolleson, Phoenix South, Tempe, Mesa, Buckeye, Gilbert, Guadalupe, Chandler, Apache Junction, South Mountain and Laveen.

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​General Liability

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• Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of said Image(s).

• Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

• Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

• In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

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Insurance

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• Aerial Envy offers a variable $1,000,000 to $5,000,000 in Liability Insurance coverage provided by Global Aerospace and Verifly Insurance Services, Inc. and covers aerial drone operations only. Insurance is available per Client request.

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Payment and Prices

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• Note: Full payment is due prior to the scheduled shoot.

• ​​Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

• The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

Home Preparation

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• Homes that are not staged must follow guidelines for being "Photo Ready".  I am happy to move small items to make a photo it's best, but I will not clean or rearrange furniture.. If home is not "Photo Ready" I will shoot "as is".

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Image Quality​

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• All digital files are professionally edited in association with Heller-Digital for optimal visual impact and delivered by electronic transfer through Dropbox.

• 4K video files may require transfer to an external hard drive or thumb-drive for delivery.

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Storing and Archiving

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• While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s). Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

• Client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable.

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Acceptance of Terms

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• Client may not assign or transfer this Agreement or any of the rights granted here-under. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations here-under.

• This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.​

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