SkyVision-USA — Website Terms & Conditions & Service Agreement
By checking the box at checkout and typing your name, you (“Client”) agree to these Terms & Conditions & Service Agreement (“Agreement”) with SkyVision-USA (“Company”). This Agreement governs all services purchased through the website and applies to the selected package(s) shown at checkout and on the package description pages.
1) Scope of Services & Deliverables
- Packages: Scope, inclusions, and production time are defined by the package selected at checkout. (Showcase: up to 4 hours on-site; Showcase + Trust: adds 2 hours and testimonial capture; Growth Partner: includes ongoing digital/social management and $250/mo ad credit).
- Travel: Up to 30 miles round-trip included per production day. Additional travel billed at $40/hr in 15-minute increments.
- Deliverables: Edited, web/social-ready exports per package. Raw footage remains Company property unless licensed separately.
- Change Orders: Requests outside package scope (extra revisions, additional edits, reshoots, new creative direction, specialized permits, etc.) require written approval and are billed separately.
2) Scheduling, Access, and Client Responsibilities
- Access: Client must provide timely access to sites, facilities, and any areas required for filming.
- Permissions: Client is responsible for securing all property owner approvals, local permits, and any required consents not handled by FAA (see Section 3).
- Signage: Client must post visible signs on-site notifying workers, visitors, and third parties that drone flights will occur during operations.
- Site Conditions: Client warrants the site is safe and suitable for operations. Client is responsible for any hazards, obstructions, or unsafe conditions that may affect flight.
- Staging & Readiness: Filming areas must be staged and ready. Delays caused by Client, its agents, or invitees may reduce capture time or incur wait-time fees.
- Information & Approvals: Client will provide all necessary information, approvals, and directions in writing, and designate a point of contact authorized to approve deliverables and changes.
- Releases: Client is responsible for securing talent, model, or location releases unless otherwise agreed in writing.
3) FAA Compliance, Airspace, and Safety
- Rules: Company operates under 14 CFR Part 107 and Part 108. Flights are subject to airspace restrictions, TFRs, daylight/twilight limits, and safety considerations.
- Waivers: FAA authorizations may be required for some locations. Scheduling depends on approvals; additional admin fees may apply.
- Safety: Pilot in Command may halt or modify operations for safety/regulatory reasons. No refund is due if legal/safety limits prevent certain shots; Company will propose alternatives.
4) Weather, Rescheduling, and Cancellations
- Weather Holds: Company may reschedule for wind, rain, lightning, low ceilings, or unsafe conditions.
- Client Reschedule: One no-fee reschedule with ≥48 hours’ notice. Less notice may incur up to 50% of day rate.
- Client Cancellation: ≥7 days before shoot = refund minus non-recoverable costs. <7 days may incur up to 100% of scheduled fees.
- Force Majeure: Neither party is liable for delays/non-performance caused by: severe weather, utility outages, government actions, viruses/epidemics, war, terrorism, or other catastrophic events that halt regional/national operations. Parties will reschedule in good faith.
5) Approvals, Revisions, and Acceptance
- Review Window: Client has 5 business days from delivery to request fixes within scope.
- Revisions: One standard revision pass included. Additional revisions billed at $130/hr.
- Acceptance: Deliverables deemed accepted if no revisions requested within review window.
6) Intellectual Property & License
- Ownership: Company retains ownership of all raw footage, project files, and underlying IP.
- License to Client: Upon full payment, Client receives a non-exclusive license to use final deliverables for marketing, promotional, and sales purposes. Broadcast/paid media/third-party use may require expanded license.
- Third-Party Materials: Music, fonts, stock, or plugins licensed only as embedded in deliverables.
- Portfolio Use: Company may display non-confidential work samples in portfolio, social, or reels unless embargo agreed in writing.
7) Fees, Payment, and Renewals
- Payment: Website orders due in full at checkout. Subscriptions auto-renew monthly until cancelled with 30 days’ notice.
- Overages: Extra production time billed at $150/hr (15-min increments). Editing overages billed at $130/hr.
- Expenses: Client covers approved out-of-pocket costs (permits, parking, rentals, talent).
- Late/Returned Payments: Overdue balances accrue 1.5% monthly (or legal max) plus collection costs.
8) Confidentiality
Both parties will maintain confidentiality of non-public information shared for the project.
9) Representations and Warranties
- Client warrants it has rights/permissions for all materials, marks, and locations provided.
- Company warrants services will be performed in a professional, workmanlike manner consistent with industry standards.
10) Indemnification
Client agrees to defend, indemnify, and hold harmless Company from claims, damages, and expenses (including attorneys’ fees) arising out of:
• Client-provided materials
• Client’s breach of this Agreement
• Client-directed use/publication of deliverables
• Site conditions under Client’s control
11) Limitations of Liability
Company’s total liability shall not exceed fees actually paid for the specific order. No liability for indirect, incidental, special, consequential, or punitive damages.
12) Remedies, Re-shoots, and Equipment Failure
- Fixes: Confirmed defects (e.g., corrupted export) corrected at no charge.
- Re-shoots: If required due to Company’s error, re-shoot at no labor charge (Client covers third-party costs). If due to Client changes, re-shoots are billable.
- Equipment Failure: If total equipment failure prevents delivery, liability is limited to refund of affected shoot day(s).
13) Termination
- Term: Agreement effective at checkout through final delivery, or for subscription duration.
- Termination for Cause: Either party may terminate for uncured breach within 10 days’ written notice.
14) Non-Solicitation
Client agrees not to solicit, hire, or engage Company’s crew, contractors, or editors directly for a period of 12 months following the project without Company’s consent.
15) Independent Contractor & Insurance
Company is an independent contractor and may engage subcontractors. Company maintains customary business insurance and FAA compliance.
16) Dispute Resolution; Governing Law
This Agreement is governed by Florida law, venue in Indian River County, Florida. Prevailing party entitled to attorneys’ fees.
17) Electronic Consent & Entire Agreement
By checking the box and typing your name at checkout, you provide an electronic signature binding as if signed in ink. This Agreement (plus package description + any change order) is the entire agreement between the parties.