AJL Aerial Media LLC Terms and Conditions

Definitions

  • Client - refers to a customer or any person and/or agent acting on behalf of the customer that hires AJL Aerial Media LLC
  • Booking - communications from the Client requesting Services to be provided by AJL Aerial Media LLC
  • Services - any Unmanned Aerial Vehicle (UAV), photography, videography, production, development, promotion and any other services to be provided to the Client
  • Fees - the photography, videography, consulting, design fees and any other charges payable by the Client for the provision of the Services.
  • Intellectual Property Rights - copyright, trademark, design and patents whether registered or not and including any rights to register such intellectual property.
  • Client Supplied Materials - all text, images, settings and other materials provided or introduced by the Client for use in connection with the Services.
  • Party - Either the Client or AJL Aerial Media LLC and “Parties” has the corresponding meaning.
  1. Acceptance
    1. This Agreement originates on the date the Client makes a booking with AJL Aerial Media LLC
    2. These terms and conditions accompany any written agreements or electronic communications to form the entire agreement between AJL Aerial Media LLC and the Client, and this Agreement contains the entire agreement between AJL Aerial Media LLC and the Client which supersedes all earlier conduct and prior agreements and understandings between the Parties.
    3. Unless delivered in writing and signed by AJL Aerial Media LLC and the Client, no variation of this agreement will be effective.
  2. Payment of Fees
    1. The Client agrees to pay AJL Aerial Media LLC a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the media services.
    2. The initial payment constitutes a Booking and reserves AJL Aerial Media LLC’s time and is not a retainer or deposit.  AJL Aerial Media LLC agrees to not advertise availability of this same time slot to any other potential clients.  
    3. The balance of the payment for services must be paid in full prior to release of final media edits. If Client is required to purchase photos/video separately after the shoot, payment for those photos is due immediately upon delivery of that media to the client.
    4. AJL Aerial Media LLC may withhold the Client’s access to the Services until all Fees are paid.
    5. If the Client’s billing address is in the state of Michigan, the Client is liable for any sales tax on physical merchandise and sales tax shall be paid at the same time as the Fees.
  3. Client Supplied Material
    1. The Client will deliver or make available to AJL Aerial Media LLC the Client Supplied Materials in a timely manner to ensure that AJL Aerial Media LLC has the necessary time to meet any agreed time schedules.
    2. The Client shall grant AJL Aerial Media LLC a royalty free licence to use and reproduce the Customer Materials for the purpose of providing the Services proposed by this Agreement.
    3. Client Materials in which AJL Aerial Media LLC (acting reasonably) deems to be inappropriate or offensive or otherwise in breach of any laws or regulations shall not be utilized.
  4. Additional Services and changes to the Booking and or Services
    1. If the Client requests a change to the booking or Services that require additional Fees whether or not the new Fees are agreed to in writing or not, AJL Aerial Media LLC may:
      1. then modify the original invoice to reflect the new charges and or;
      2. m  ay issue a supplemental invoice for the additional Fees
  5. Duty of Client
    1. CLIENT warrants that they represent the owner or authority of any location or property being filmed, and have secured permission (except those pertaining to FAA permissions/regulations) to film the selected location and/or property outlined for the services.
    2. Client is responsible for notifying any person that shall be present, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that photo/video and/or audio will be recorded by AJL Aerial Media LLC.
    3. AJL Aerial Media LLC agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Event.
  6. Intellectual Property
    1. All Intellectual Property Rights in anything produced by AJL Aerial Media LLC in carrying out the Services will be retained by AJL Aerial Media LLC unless otherwise expressly assigned in an additional agreement.
    2. Upon payment in full of the Fees by the Client, AJL Aerial Media LLC will grant a perpetual, non exclusive, non transferable and royalty free, licence to the Client to use the AJL Aerial Media LLC Intellectual Property for the Client’s internal purposes or purposes communicated in writing to AJL Aerial Media LLC at the time of booking AJL Aerial Media LLC Services.
    3. The Client grants AJL Aerial Media LLC a perpetual, royalty free,nonexclusive and nontransferable licence to use Client’s trademark, business name and other mark or logo, media containing AJL Aerial Media LLC footage for marketing and promotional activities to indicate the Client as a current or past client of AJL Aerial Media LLC.
  7. Default and Termination
    1. The Client is in default if:
      1. the Client fails to comply with its obligations under this Agreement within 7 days (or such further time as AJL Aerial Media LLC may specify) after AJL Aerial Media LLC has given the Client a notice specifying the default and requiring it to be remedied
      2. the Client shall go into liquidation or become bankrupt or enter into any composition, arrangement with or assignment for, the benefit of the Client’s creditors.
      3. The Client cancels the shoot fo r any reason not previously agreed upon by AJL Aerial Media LLC.
    2. If the Agreement is terminated by Client being in default the initial payment totaling 50% (fifty-percent) of the total price of the media services will not be refunded to Client.
    3. If AJL Aerial Media LLC cancels the Booking for any reason other than the Client being in default and is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify AJL Aerial Media LLC for any loss damage or liability; however, AJL Aerial Media LLC will return in full all payments made by Client to AJL Aerial Media LLC in relation to these services.
  8. Limitation of Liability
    1. AJL Aerial Media LLC and Client agree that AJL Aerial Media LLC is under no obligation to capture any specific moment or pose or person(s).
    2. Client agrees to indemnify and hold harmless AJL Aerial Media LLC for any liability, damage, or loss related to technological failure, including data loss.
    3. Client understands and agrees that AJL Aerial Media LLC is not required to maintain copies of the media from this shoot and cannot guarantee the availability of any media beyond the date of first delivery to Client.
    4. Client agrees to hold AJL Aerial Media LLC harmless for any personal injury which may occur as the Client poses or works with AJL Aerial Media LLC.
    5. AJL Aerial Media LLC will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client.
  9. Acceptance of Terms and Conditions
    1. Payment of Fees for Services constitutes acceptance of all Terms and Conditions outlined herewith.
    2. In addition to oral and written agreements, use of any Media by the Client will constitute acceptance of all the above terms and conditions.
Updated June 24th, 2016