Terms of service
Welcome to Flux Aerial Media! We are excited to provide you with our services to capture stunning aerial shots for your next project. Before you proceed, we kindly ask you to read and understand our terms of service.
Agreement
By using our services, you agree to be bound by these terms of service, including the privacy policy. We reserve the right to modify these terms at any time, and any changes will be effective immediately upon posting the modified terms of service on our website. Your continued use of our services after the changes are incorporated constitutes your acceptance of the modified terms.
Scope of Services
Our drone photography and videography services include capturing aerial shots for various purposes, including but not limited to real estate, construction, events, and marketing. We will work with you to understand your specific requirements and provide you with the best possible service within your budget.
Safety and Compliance
We prioritize safety and compliance in all operations. Before beginning work on the project, we will assess the location and conditions to ensure drone operations can be safely executed. All remote pilots overseeing drone operations for Flux Aerial Media are licensed and registered with the FAA under CFR Title 14 Part 107, and all drone equipment is marked and registered with the FAA under CFR Title 14 Part 47 and Part 48. We also comply with all applicable local and federal laws and regulations related to drone operations for all projects, including obtaining any necessary permits and authorizations if applicable and feasible. If special use permits and/or complex airspace authorization is required, additional fees may apply and the client agrees to remit any additional fees, even if the project ultimately cannot move forward due to the inability to secure the necessary permits and authorizations or is cancelled for any other reason.
Ownership
We will retain ownership of all our drone equipment and materials used in providing our services, including any new materials or equipment procured for a specific project unless otherwise agreed upon. The photographs and videos captured by us are our intellectual property and may not be used for any commercial purposes without our written consent. Usage licensing is included with all contracts, and exclusivity licensing as well as full ownership transfer is available upon request (additional fees apply.) We reserve the right to appropriate any assets from non-exclusive projects for our own marketing purposes, including but not limited to uploads to our website, social media accounts, and physical advertisements.
Pricing and Payment
All projects will be assessed using a value-based pricing structure tailored within the client’s budget and scope of the project. No two projects are the same, thus, no two estimates will be the same. Prior to work on the project being started, a minimum non-refundable deposit of 10% is required and may be increased to not more than 50% depending on the scope of the project. Project deliverables will not be delivered until the final payment is received and cleared unless otherwise discussed and agreed upon. Alternate payment structures may be discussed and considered at our discretion to accommodate any reasonable unique needs the client may have. Payments may be made via check, ACH bank transfer, or Venmo.
Data Retention
All working media data produced during the course of the project will be retained on local machines with at least one redundancy. Upon project completion, unless otherwise specified and agreed, edited files will be retained for at least six months on a secure cloud server. Raw files may be retained for any period or removed at our discretion based on digital storage capacity unless otherwise agreed. Full ownership transfer is available for an additional fee, wherein all media will be transferred to the client and subsequently removed from our systems unless otherwise requested. Additional fees may apply for any data storage requests that go beyond our standard practice.
Liability
We will not be liable for any damages, losses, or injuries, including but not limited to personal injury, property damage, or data loss, arising from the use of our services. We will not be responsible for any third-party claims or disputes arising from the use of our services.
Termination
We reserve the right to terminate our services at any time if we believe that the client is in breach of these terms of service. The client may terminate our services at any time by providing us with written notice. Upon termination for any reason, a final invoice for services rendered to that point in time will be issued and must be remitted within no more than 10 business days via guaranteed funds.
Governing Law
These Terms are governed by the laws of the State of Utah, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Utah County, Utah.
Entire Agreement
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third-party beneficiary rights.
Dispute Resolution
Should any legal dispute result from the use of our services or terms of service, the disputing parties agree to seek alternative dispute resolutions (specifically informal, direct communication; mediation; or arbitration) in lieu of filing a lawsuit or other remedy. The authorized principals involved in the dispute agree to attempt to first settle the dispute informally through direct communication. Second, if within a reasonable time no settlement is reached, the parties agree to attempt to settle the dispute through non-binding mediation. The parties shall agree on a mediator and each party shall pay their own costs while dividing the shared mediation expenses equally. If the parties cannot voluntarily agree on a mediator, the rules of the American Arbitration Association (the “AAA”) shall apply in selecting the mediator. Third, if mediation is unsuccessful at settling any part of the dispute, the unresolved issues shall be submitted for binding arbitration through the AAA. The parties agree that any alternative dispute resolution techniques, meetings, mediations, and arbitrations shall take place in Utah County, Utah.
Miscellaneous
Flux Aerial Media’s or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. Flux Aerial Media may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.
Thank you for choosing Flux Aerial Media! We look forward to working with you to bring your next project to life!