Terms and conditions
Statement of intent:
It is our policy wherever possible to be fair, honest, and upfront with our clients. Therefore, we offer the following Terms and Conditions as a fixed reference point for all business discussions, and/or, transactions.
Please read these terms and conditions in full, as it forms the ‘Agreement’ for the use of our services and contains the entire understanding between ourselves as Altitude Aerial Photography Ltd (AAPL), and yourselves as the Client.
This Agreement supersedes all prior and simultaneous Agreements between the parties.
A copy of these terms and conditions is available upon request and will be attached to all formal quotations and invoices.
Changes to these terms and conditions:
- Changes to these terms and conditions will not be accepted unless agreed in advance and confirmed in writing by AAPL and signed by all involved parties.
Quotations and pricing:
- AAPL offer a ‘Rate Card’ card for clients to approximate the costs they may incur by employing our services. However, it should be noted that due to the complexity of services offered by AAPL, that the rate card should only be considered a guide and must not be considered as a formal written quotation.
- Clients that require a formal written quotation may request one in advance and these terms and conditions will be deemed applicable to such.
- AAPL will only honour prices provided in dedicated written quotations with AAPL reference numbers, with any quote remaining valid for a period of 30 days from the date on the quotation unless otherwise stated.
Additional charges and costs:
- It will be the Client’s responsibility to cover any additional charges, and/or, any costs that may be incurred in the process of completing any work under the Agreement, such as, but not limited to:
- External charges incurred from 3rd parties, for example:
- Venue / location use.
- Operating permits.
- Copyrighted music/image use.
- External persons (e.g., cast, security personnel).
- Operating costs, for example:
- Parking fees.
- Road tolls.
- Equipment rental.
- Wherever possible AAPL will attempt to estimate and notify the client in advance of any anticipated additional costs.
Order confirmation (i.e., entering the Agreement):
- AAPL require a confirmation of order before any work will be undertaken, which can be sent via post or email. Such confirmations will be deemed as formal acceptance of these terms and conditions and therefore entry into the Agreement.
Scheduling and delays:
- Once an order confirmation has been received, AAPL will endeavour to work to agreed schedules, however AAPL will always place safety and working legally ahead of speed and deadlines. As a result, AAPL takes no responsibility for works not being completed to Client’s schedules.
- If the Client or any 3rd party cause delays resulting in any work needing to be completed over additional days, AAPL reserve the right to invoice the Client additional charges at the going rate as detailed on the AAPL Rate Card.
- Where the Client agrees to provide AAPL with additional copy, images, and information to add to edited works, AAPL accept no responsibility for the Client’s work not being completed by a specific date if AAPL are unable to secure necessary, and/or, suitable information, and/or, materials from the Client, and/or, 3rd parties.
Postponements (including weather):
- AAPL may need to postpone bookings for various reasons, such as, but not limited to:
- Safety, and/or, legality.
- Availability of project components (e.g., crew, equipment, cast, venues/locations).
- Where AAPL is forced to postpone a booking, AAPL will work with the Client to agree a suitable substitute date at no additional charge, however AAPL takes no responsibility for additional costs incurred by the client, and/or, passed on from any 3rd parties.
- Where the Client requests to postpone a booking, AAPL must be notified at least 7 days in advance of any proposed change. AAPL reserves the right to charge administrative fees to recover any expenses incurred in the event of any preparatory work already completed on behalf of the Client.
- AAPL will not recognise a request for postponement from the Client based on weather, unless AAPL also agree that the weather is not suitable.
- In the event of a substitute date not being possible, please refer to ‘Cancellations’.
- It is not the policy of AAPL to cancel any booking other than for reasons beyond the control of AAPL. In the unlikely event that AAPL are required to cancel a booking, no charge will be made to the Client by AAPL, however AAPL takes no responsibility for additional costs incurred by the client, and/or, passed on from any 3rd parties.
- Notice of cancellation by the Client must be received by AAPL at least 14 days prior to any planned work being undertaken. A cancellation by the Client may incur an administrative charge to recover expenses incurred if any preparatory work has been undertaken by AAPL on behalf of the Client. Cancellations received less than 7 days prior to any planned flight operation date may be subject to full payment at AAPL’s discretion.
Payment and booking fees:
- AAPL typically offer a 30-day payment period from the date of flight operations. A ‘Payment Due By’ date will be clearly specified on the invoice. Payment must be received and cleared with AAPL by this date to avoid late payment charges.
- AAPL reserve the right to request partial or full payment in advance as a ‘Booking Fee’ if it is deemed necessary. Such Booking Fees will only be refundable at the discretion of AAPL.
- Payments are preferred by bank transfer.
- Payments by cheque should be made early enough for the cheque to clear with AAPL before the ‘Payment Due By’ date.
- Payments by debit or credit card can be arranged, however will carry a charge to cover administrative costs, so please ask for a quotation.
- Any payment or balance outstanding after the ‘Payment Due By’ date specified on the invoice will be considered a late payment and may be subject to a late payment charge of 5% of the invoice value and an admin fee of £40.
- If transfer of rights to any supplied material is implied under the Agreement, AAPL also reserves the right to retain said rights until any overdue, or partly overdue, accounts are paid in full.
Copyright (including credit requirements):
- Regardless of any eventual ownership of copyright for any work created under this Agreement, AAPL reserves the right to use any work produced by AAPL for portfolio, and/or, promotional purposes.
- Regardless of any eventual ownership of copyright for any work created, and/or, used under this Agreement, AAPL must be credited as ‘Altitude Aerial Photography’ for any work created by AAPL that is displayed or broadcast in the public environment.
- The copyright for any content created by AAPL outside of this Agreement that AAPL permit for use by the Client, and/or, any 3rd party, will remain the property of AAPL. The use of any content created by AAPL outside of this Agreement for merchandising or onward sale, or by any 3rd party, is NOT permitted without written permission from AAPL.
- The copyright and reproduction rights for any content created by AAPL for a Client directly under this Agreement shall be transferred to the Client (subject to point 29.), except for any rights reserved in relation to portfolio, and/or, promotional purposes (as per point 25.).
- AAPL will retain ALL copyright and reproduction rights for any content created by AAPL under this Agreement until the Client has made full payment of all relevant invoices.
- Where the Client supplies AAPL with any content, and/or, material, it is the Client’s responsibility to obtain all necessary copyrights for its use, and AAPL assume that the Client possesses said copyright/permissions to share as required. Under this Agreement, the Client agrees to indemnify AAPL from any claim which arises regarding the use of any content, and/or, material with which the Client supplies.
Flight operation limitations:
- ANY proposed flight will be subject to the following six statements:
- AAPL must be granted permission to fly from any private land, and/or, property used for the purpose of taking off, and/or, landing, by either the owner, tenant or a suitable person authorised to grant permission. *
- In any situation where AAPL require additional CAA, Police, Local Authority, and/or, other permissions for safety, and/or, legal reasons, AAPL will only conduct flight operations once suitable permissions are in place.
- The AAPL remote pilot reserves the right to restrict the operational limitations of any flight to comply with the Civil Aviation Authority (CAA) Air Navigation Orders (ANO).
- The AAPL remote pilot reserves the right to restrict the operational limitations of any flight to comply with the restrictions detailed in the relevant AAPL Operational Authorisation.
- The AAPL remote pilot reserves the right to restrict the operational limitations of any flight to comply with any restricted flight zones, this includes but is not limited to complying with instructions given to AAPL by relevant authorities such as the CAA, Local Air Traffic Control, and/or, Emergency Services.
- The AAPL remote pilot reserves the right not to undertake a flight if they feel for any reason that the given flight cannot be completed safely.
* Where it is necessary to enter private land or property, it is expected that the Client will obtain the necessary permissions from either the land/property owner or a suitable person authorised to grant permission.
Client and hired-In equipment:
- If AAPL are requested to utilise equipment owned by the Client, then AAPL take no responsibility in the event of the equipment being damaged either during use or as the result of an accident.
- If AAPL are requested to utilise equipment hired-in either by AAPL, and/or, by the Client, then AAPL take no responsibility in the event of the equipment failing to operate, as AAPL cannot guarantee the quality of equipment not owned in-house.
- In the case of Client or hired-in equipment being attached to an AAPL UAS, then AAPL reserve the right to add the equipment to the AAPL insurance policy, which may incur an additional admin charge.
Exclusivity of air space:
- Under this Agreement, AAPL expects to act as the sole and exclusive aerial service providers, and therefore reserves the right to restrict any other aerial service providers during flight operations.
- If multiple aerial service providers are being used by the Client on any given day, then all flight activity must first be approved by AAPL and be controlled by the senior AAPL remote pilot on site.
Limitation of Liability:
- Due to the nature of work being completed under the Agreement, AAPL takes no responsibility for imperfections in any work because of weather, and/or, the environment.
- As a result of flight operations being dependant on weather conditions, AAPL cannot guarantee to complete any work by given dates. AAPL will therefore not be responsible for any missed deadlines or other consequences because of the timing of the work.
- AAPL will only operate flights within the limits of the permissions issued to AAPL by the CAA. If on the day of flight operations, the AAPL remote pilot decides specific shots, included in the brief, and/or, quoted to be undertaken, cannot be done safely, then the best possible alternatives will be offered, and these will be deemed to fulfil the Agreement.
- AAPL is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of the venue/location, and/or, the rendering of obstacles at the location.
- AAPL makes every effort to produce the highest quality material possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of all data. However, in the unlikely event of the Client’s work being corrupted, lost, stolen, and/or, destroyed for reasons beyond AAPL’s control, then AAPL’s liability is limited to the return of all payments received under the relevant Agreement. The limit of liability shall not exceed the Agreement price stated therein.
Page updated: November 2023.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.