TERMS AND CONDITIONS
1.1 Each job is unique with many variable factors. Therefore, Earths Eye Media prefers to quote on an individual project basis, after having discussed or been fully briefed on the proposed project.
1.2 There are a number of variables which may affect the quotation including the time of year (affecting our work load), location of shoot, potential weather and other external shooting conditions, associated risk of taking the job on, requirements for additional CAA approvals and site visits.
1.3 Travel expenses for UK jobs will be billed at 0.40p per mile outside 50 miles of Llandeilo. If accommodation is required, that will also be billable though this will be agreed with the client beforehand.
1.4 We will be happy to discuss any of the above with you in greater detail and think you will find us fair, reasonable and transparent.
1.5 We are happy to provide any quotations in writing once we have received a full brief from the client and been able to discuss the requirements and expectations.
1.6 A discount may be offered for ongoing site visits (monthly) or where multiple sites are within reasonable distances.
2. AVAILABILITY AND BOOKING
2.1 Due to the nature of the weather in the UK and nature of filming shoots we are very flexible when working with clients. Many of our jobs are very last minute. However, we must have enough time to do pre-flight checks and ensure that the job can be undertaken safely, adhering to the rules & regulations of aerial filming and our operating licence.
3. POSTPONEMENTS, CANCELLATIONS & WEATHER
3.1 Aerial filming is naturally affected by the flying conditions. If due to weather (i.e. rain, strong winds etc.) and we are not able to shoot we shall not charge the client if we can make alternative arrangements for the shoot to happen at another time. If the shoot cannot be re-scheduled (which we usually know in advance of the carrying out the job) anyway, we will discuss cancellation policy and potential fees with the Client and come to a fair and reasonable compromise.
3.2 If a job is cancelled due to other issues and simply not re-scheduled due to the client no longer requiring our services and if Earths Eye Media has incurred costs/ fees unless by a pre-agreement, costs that have been incurred will have to be met by the client.
4.1 All enquiries will be treated in the strictest confidence.
5.1 Written quotations are valid for 30 days and will be supplied for all work on receipt of a clear and accurate written brief from the client. Written briefs are required to ensure photographic objectives are well defined for both the client and Earths Eye Media and to avoid errors.
5.2 The brief may need to include, but is not limited to, full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, ordnance survey grid references (6-figure) and any other material required to accurately identify the site from the air.
5.3 The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (e.g. risk assessment where required) or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing work (not normally included) and digital delivery of images.
5.4 For all media work, unless otherwise stated, the quotation will be for the amount of hours / media reasonably achievable within one day. The fee quoted will reflect the proposed uses of the images, as stated by the client, for which full personal rights will be granted. Additional rights may be negotiated at a future date for an additional fee.
6.1 If a site survey is needed prior to the quotation, the cost will be agreed and invoiced accordingly. The client must confirm in writing that it has permission to access the ground that will be used to take off and land.
7. CANCELLATION BY EARTHS EYE MEDIA
7.1 If Earths Eye Media cannot attend due to adverse weather conditions or mechanical failure, and the photoshoot cannot be rescheduled, Earths Eye Media will refund all advance money paid for that day. Costs incurred prior to the photoshoot day such as paid-for site visits and meetings are excluded and remain due for payment.
7.2 If Earths Eye Media cannot attend due to reasons that only become evident once on site or for reasons that Earths Eye Media was not advised of beforehand then the full cost will remain due for payment. Earths Eye Media may, at its sole discretion, offer a discount on a reshoot should one be scheduled.
8. CANCELLATION BY YOU
8.1 Notice of cancellation by the client must be received in writing by Earths Eye Media and the notice is not valid until confirmed in writing by Earths Eye Media.
8.2 Cancellation fees are payable according to the following items:
Preparatory works, such as site survey visits, written documentation, time and travelling charge where costs have been incurred by Earths Eye Media following written
instruction from you these costs will remain due for payment in full.
9. PERMISSION TO CONDUCT PHOTOGRAPHY
9.1 Flight permission is generally granted within a day or so, however with UAV photography, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, can take several weeks (CAA may require up to 28 days written notice of intention to fly). This is usually granted but certain height and/or other conditions may be applied). All work is subject to obtaining permitted and legal access from which to safely operate the UAV equipment.
10. PHOTOGRAPHIC MATERIAL SUPPLIED
10.1 Still photographic or video material will normally be shot on digital camera equipment and supplied as unedited RAW or low compression jpegs. Images will be supplied on a SD card or memory stick storage device.
10.2 Additional editing of supplied images is available at an additional cost, when feasible. Whilst we will endeavour to provide an accurate colour rendition of the original scene, we cannot guarantee to match the colour perceived by the human eye. All original photographic material remains the property of Earths Eye Media.
10.3 Reorders, reprints and enlargements etc. from the original material can be supplied on request. Reorders will be treated as an extension to this contract and should include image reference numbers and are required in writing. A written quotation will then be supplied. Finished materials are normally dispatched within 5 working days of completion of the location work.
11.1 During the project it is the pilot’s OR photographer’s responsibility to fly the drone safely and responsibly OR responsibly control the project in a safely manner. Should it become apparent that an elevation, angle or speed for a filming operation requested by the client will compromise the operational safety, then Earths Eye Media pilot will abort the flight.
11.2 Earths Eye Media will try to capture the images at another elevation, angle or speed but cannot guarantee that this will be as originally requested for filming. It is always advisable to request a site visit and discussion prior to operational deployment. Usually these are part of the quote; however, there may be a charge for a site visit depending on location and urgency.
12. LEGAL REPRODUCTION RIGHTS FOR MEDIA
12.1Limited reproduction rights of the commissioned media passes to the client upon full settlement of the final invoice. This allows reproduction for all uses stated on the quotation from Earths Eye Media that you (our client) discussed with us prior. By default, and in the absence of any stated use, this will be 'General Marketing'. ‘General Marketing’ use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated.
13. OWNERSHIP, LICENCING, COPYRIGHT, SHARING & USAGE:
13.1 The Parties agree that all work performed for the Client shall be considered as works made for hire as contemplated and defined in the United Kingdom Copyright, Designs and Patent Act 1988. The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Project including, but not limited to, copyright and trademark rights.
13.2 Earths Eye Media has exclusive and complete ownership in the intellectual property inherent in the recording of the Project at any time after such recording. In addition, the Client agrees Earths Eye Media shall still maintain an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the stills photography and/or video.
13.3 Naturally we are proud of our work and Earths Eye Media actively promotes its media and we do reserve the right to use ANY of our footage for our promotion, whether this be inclusion on our show reel for PR purposes to promote Earths Eye Media.
13.4 The Client agrees and acknowledges that Earths Eye Media may reasonably use the recording of the Project in their portfolio or for stock purchase. Further, Earths Eye Media may display the Client’s name and logo on their website as a party with whom they have worked.
13.5 Unless a buyout of footage is specifically agreed and contracted, Earths Eye Media retains the copyright of all media (still photography and video) content. The client purchasing the service from Earths Eye Media will get full use of the media, for all uses stated on the quotation from Earths Eye Media that you (our client) discussed with us prior. However, the client does not have the legal authority to sell the footage or allow 3rd party companies to use it without the express written agreement of Earths Eye Media.
13.6 Earths Eye Media retains the copyright of all media sold on our website. The client purchasing the media of Earths Eye Media does not have the legal authority to sell the footage or allow 3rd party companies to use it without the express written agreement of Earths Eye Media.
13.7 In all cases where the client uses the relevant media, Earths Eye Media must be identified and credited as the service provider.
13.8 You (our client) acknowledge and agree that title and ownership of all ordered products shall remain with Earths Eye Media until the full purchase price for the same has been satisfied to Earths Eye Media.
13.9 You (our client) use the commissioned media as agreed prior for our service we provided for you (our client). And you (our client) agree that Earths Eye Media may use the images ourselves without reference to you (our client). This will be granted from the date that full payment has been received by Earths Eye Media from you (our client) for the commissioned media.
13.10 If you have any questions or issues with any the above we would ask you to kindly speak to us in advance of commencement of filming.
14. LIMITATION OF LIABILITY, WEATHER, FORCE MAJEURE, ACT OF GOD AND OTHER CONSTRAINTS
14.1 As with any outdoor location photography, a successful outcome depends upon suitable weather conditions. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather.
14.2 The UAV and camera weigh approximately 2Kg. whilst the UAV has built-in self- stabilising measures, it is a flying platform and is subject to movement by the wind and will tilt whilst being held against the wind. This will impact on the image quality, steadiness and the angle of the picture(s).
14.3 We will endeavour to obtain the best quality pictures for the conditions and certain adjustments (square up the image) can be made afterwards in post- processing. However, the images and video are not guaranteed to be steady and of broadcast standards (for instance).
14.4 If the work could not be completed due to client reasons (e.g., but not limited to, lack of access or unscheduled site activity etc.), the client may be charged to recover costs and time.
14.5 Earths Eye Media will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, Earths Eye Media cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
14.6 The completion of work may be subject to alteration or cancellation due to cause or causes beyond our control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied, and these will be deemed to fulfil the contract
14.7 Battery limitations mean that each flight will last a maximum of approximately 20 minutes. This will normally generate up to 15 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
14.8 The quality (e.g. exposure and sharpness) of photographs taken after sunset (which require the camera to be relatively still at the point of exposure) cannot be guaranteed and usually will not be attempted. Images required to be taken into the sun will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.
14.9 Earths Eye Media does not accept liability for errors resulting from incomplete or inaccurate instructions from the client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar bodies.
14.10 Whilst back-up copies of images are usually kept, Earths Eye Media accepts no responsibility nor has liability for maintaining archive copies of photographic material after the work been delivered to and accepted by the client.
14.11 Earths Eye Media has all necessary insurances, including Public Liability Insurance, with an indemnity of up to £1 million pounds.
14.12 Earths Eye Media does not accept liability for errors resulting from incomplete or inaccurate instructions from the client’s written brief, nor for delays or restrictions caused by third parties.
14.13 Earths Eye Media and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
14.14 Any negligence on the part of us or our employees (except insofar as the same causes death or personal injury)
14.15 Our performance of or failure to perform or breach of any of its express implied obligations under the contract.
14.16 You shall indemnify us against any liability whatsoever (including any liability based on the negligence of you) which it may incur resulting from any claim made against you by any third party.
14.17 We accept no liability for delay or non-fulfilment of any term of the contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity or materials or any other cause or causes not within our direct control.