Standard Terms and Conditions for Aerial and Assignment Photography
For the purpose of this agreement “the Client” shall be where the context so admits their respective assignees, sub-licensees and successors in title. “Photographs” means all photographic material furnished by Aerial Hotshots Pty Ltd.
2. Orders, Quotations and Photographic Materials Supplied:
Aerial Hotshots Pty Ltd has published a price list for standard aerial photographic assignments. In the case of all assignments, formal orders are required (online order form, fax or e-mail) to ensure that the photographic subject is clearly identified and clear to both the Client and Aerial Hotshots Pty Ltd. No accountability will be incurred if Client wrongly identifies site location.
For non-standard assignments, (i.e. assignments not listed in that document) specific written directions will be required from the Client. In addition to the photography, the amount quoted will be inclusive of all preparatory work, travel to and from Aerial Hotshots Pty Ltd’ offices, and delivery of proof and/or finished material. If a site survey is needed prior to the quotation this will be agreed in advance and may be invoiced separately.
Photographic material will normally be supplied as uploaded digital JPEG files or on a CD. Whilst Aerial Hotshots Pty Ltd uses calibrated camera and computer displays to provide an accurate representation of the subject(s), there can be no guarantee implied or otherwise to match the colour perceived by the human eye.
3. Order Forms, Confirmations, Client Approval and Payment:
completed Order Form and site verification is required prior to the commencement of all assignments. This may be sent to Aerial Hotshots Pty Ltd via web, e-mail or fax. Aerial Hotshots Pty Ltd will then send an order confirmation via e-mail to the Client.
If the client is not present at the photography session then Aerial Hotshots Pty Ltd interpretation of the assignment will be accepted. If the Client is present at the shoot and signs off on the images on site, no subsequent rejection of images will be accepted.
Payment by the client will be required for the right to use the photographs as provided within 30 days of the issue of the relevant invoice. No use may be made of the photographs before payment in full of the relevant invoice(s) without the approval of the Director of Aerial Hotshots Pty Ltd Pty Ltd in writing. Aerial Hotshots Pty Ltd retains all rights in material supplied until payment is received in full. Aerial Hotshots Pty Ltd reserves the right to add late payment fees to overdue or partly overdue accounts.
4. Permission to conduct elevated photography
Mast or elevated platform photography may require Police, Local Authority and/or Parking Enforcement permission, if it is necessary to operate in a public place. All work is subject to obtaining suitable permission and legal access from which to safely operate the vehicle and/or aerial equipment. Where it is necessary to enter upon private land, it is expected that the Client will obtain the necessary permissions from the land owners and/or occupiers.
5. Reproduction rights and Copyright.
Full personal reproduction rights of the commissioned material supplied passes to the Client upon full settlement of the final invoice. ‘Marketing’ use excludes use for merchandising, for which an additional fee may need to be negotiated. Legal use of the images by any third party, not directly on the Client’s behalf, will only be granted following written permission from the Director of Aerial Hotshots Pty Ltd Pty Ltd. Identification may be required in that the name of the author of photographs (i.e. Aerial Hotshots Pty Ltd), commissioned or otherwise, is suitably credited whenever the image is published or displayed. Aerial Hotshots Pty Ltd retains copyright of all photographic images supplied and reserves the right to use any of the images for photographic library and other uses.
6. Limitation of Liability – Weather, Force Majeure, Act of God and other Constraints
As with any location photography, a successful assignment is dependent 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. Should the weather on the day not be as forecast or anticipated and the assignment needs to be postponed, there will be no additional charge to the Client for a return visit to complete the work. Aerial Hotshots Pty Ltd will always endeavour to complete its assignments by any proposed completion dates. However, due to weather and other constraints, Aerial Hotshots Pty Ltd cannot guarantee completion by any specific dates. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any other consequences involving the timing of the commission. The completion of work is subject to alteration and cancellation due to any causes beyond our control.
Certain specific shots, included in the brief and quoted to be undertaken, may not be possible on the day for various operational reasons due to controlled airspace restrictions. In this situation, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract. In any event, the liability of Aerial Hotshots Pty Ltd will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
7. Public Liability Insurance
Aerial Hotshots Pty Ltd has all necessary insurances including Public Liability Insurance with an indemnity of up to 20 million dollars for aerial and ground operations.
8. Subject to Change
These Terms and Conditions are subject to change without notice. This version of the Terms and Conditions were issued on the 18th July 2011.
All Web site design, text, graphics, photographic images, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this Web site are copyright to Aerial Hotshots Pty Ltd or their content and technology providers. ALL RIGHTS RESERVED.
Permission is not granted to copy electronically and/or to print in hard copy any part or parts of this Web site with the exception of the terms and conditions of business and the quotation request/order form. Any other use of materials on or from this Web site, including reproduction, modification, distribution, or republication, without the prior written permission of Aerial Hotshots Pty Ltd is strictly prohibited.
10. Governing Law and Contract Formation
No contract will subsist between you and Aerial Hotshots Pty Ltd for the sale by it to you of any product unless and until Aerial Hotshots Pty Ltd accepts your order by e-mail confirming that it has agreed to a contract. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Aerial Hotshots Pty Ltd sends the e-mail to you (whether or not you receive that e-mail).
Aerial Hotshots Pty Ltd is providing this web site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Aerial Hotshots Pty Ltd does not represent or warrant that the information accessible via this web site is accurate, complete or current.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Aerial Hotshots Pty Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Aerial Hotshots Pty Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Aerial Hotshots Pty Ltd its affiliates, directors, employees or other representatives.
From time to time Aerial Hotshots Pty Ltd will offer special (discounted) prices in certain areas for certain products. Due to the discounted price (cheap) these jobs will be completed on a schedule set by Aerial Hotshots.