ENTIRE AGREEMENT: This agreement contains the entire understanding between the Firefly Drone Services, hereinafter referred to as “FFDS” and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee of 50% are subject to any work over $1,000.00 payable by e-transfer to firstname.lastname@example.org and are required to reserve the dates and times of the booking.
BOOKING SCHEDULE: The CLIENT agrees to confirm the schedule 5 days prior to the booking. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from FFDS by the CLIENT.
CANCELLATION POLICY: If the booking is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to FFDS. The CLIENT shall also be responsible for payment for any of FFDS’s materials charges incurred up to time of cancellation. The CLIENT is given a 5 day cancellation policy. Any cancellations after of 11:59:59 PM 5 days prior to the booking will be subject to a $150.00 charge if reasons are within the CLIENT’s control.
HARASSMENT POLICY: FFDS has the right to terminate coverage if the photographer or the staff of FFDS has discussed harassment or abuse of any nature to the CLIENT and actions are not taken.
SAFETY: The FFDS reserves the right to terminate coverage and leave the location of the booking if the photographer from the FFDS experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the booking; or in the event that the safety of the photographer or staff from FFDS is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and FFDS agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the bookings, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the booking location(s) and the FFDS studio address. For all bookings), the first 20 kilometers round-trip of travel are included. All distances in excess of 20 kilometers round-trip are charged at $0.55 per kilometer.
RESPONSIBILITIES: FFDS is not responsible for compromised coverage due to causes beyond the control of FFDS including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to FFDS, rendering of decorations, or restrictions of the locations. FFDS is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. FFDS is not held liable for missed coverage of any part of the booking. FFDS will not be held accountable for failure to deliver images of any individuals or any objects at the booking.
EXCLUSIVE PHOTOGRAPHER: FFDS has the right to be the only drone photographer for the booking and has exclusivity. The exclusivity does not include camera photographers. The CLIENT will enforce FFDS’s exclusivity to any drone business or private drone photographers and if applicable, to cease usage of their drones.
VENUE AND LOCATION LIMITATIONS: FFDS is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on FFDS . Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; FFDS will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which FFDS will be performing services.
FILM and COPYRIGHTS: The photographs produced by FFDS are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without explicitly written permission. If the CLIENT has purchased an “Digital Image” from FFDS, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from FFDS, FFDS grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to FFDS. The CLIENT must obtain written permission from FFDS prior to publishing or selling the photographs.
REPRODUCTION POLICY: FFDS claims all copyrights for photographs and videos produced. Reproduction of FFDS’s work without FFDS’s permission is strictly forbidden.
MODEL RELEASE: The CLIENT hereby assigns FFDS the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from FFDS is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of FFDS, FFDS will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the booking. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond FFDS’s control, including but not limited to camera, hard drive, or equipment malfunction, FFDS’s liability is limited to the return of all payments received for the booking. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. FFDS is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: FFDS is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of FFDS.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of FFDS.
PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement of any work over $1,000.00. The remaining balance is payable in full prior to or the day of the booking. In the event the CLIENT fails to remit payment as specified, FFDS shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the booking. Returned checks will be assessed a $150.00 non-sufficient funds fee. All late payments will be subject to 10% interest accrued monthly until paid.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from FFDS.