The following lays out Aerial Photography Hampshire T&C’s
1. T&C’s Definitions for Aerial Photography Hampshire T&C’s
In these conditions for Aerial Photography Hampshire T&C’s the following words shall have the following meaning:-
“MH Photography”, “Company”, “Us”, “We”, “Our”, or variations thereof shall mean MH Photography.
“The Customer”, “You”, “Your”, or variations thereof shall mean the person, firm or Company with whom MH Photography contracts.
“Goods” means the articles or things or service which are the subject matter of the Contract.
“SUA” refers to Small Unmanned Aircraft less than 20kg (commonly referred to as a drone)
“PFCO” Permission For Commercial Operations
2. Order Acceptance Policy for Aerial Photography Hampshire T&C’s
MH Photography reserves the right at any time to accept or refuse service and sales for any reason. MH Photography reserves the right to require additional verifications or information from the purchaser before accepting any order or providing services. You agree that the receipt by MH Photography of an electronic or printed copy of an order form does not indicate MH Photography’s acceptance of the purchaser’s order, neither does it constitute confirmation of MH Photography’s offer to sell.
You acknowledge and agree that title and ownership of all ordered products shall remain with MH Photography until the full purchase price for the same has been satisfied to MH Photography unless previously agreed to be released earlier by MH Photography.
Written quotations are valid for 30 days and will be supplied for all work on receipt of a clear and accurate written brief from the Client. Written briefs are required to ensure photographic objectives are well defined for both the Client and MH Photography and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, Ordnance Survey Grid references (6-figure) and any other material required to accurately identify the site from the air.
The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (eg. Method Statements and Risk Assessment where required) or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing work (not normally included) and digital delivery of images. For SUA work, unless otherwise stated, the quotation will be for the amount of aerial photography reasonably achievable within one day.
The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which Full Personal Reproduction Rights will be granted. A series of assignments
4. Deposit and Payment for Aerial Photography Hampshire T&C’s
To secure a date and confirm a booking, we require a 35% deposit payment in advance. If this is not possible due to time constraints, signed acceptance of these terms and conditions will take place before the shoot commences. By payment of a deposit, the client agrees to the terms stated here.
If no deposit is paid but a date is clearly reserved for a shoot, 35% of the cost of that shoot will be payable by the client if cancelled within 7 days of the shoot
Balances for filming will be issued immediately after the shoot and are to be paid within 14 days of invoice.
5. Expenses and Additional Costs for Aerial Photography Hampshire T&C’s
For mileage expenses within the
Exceptional expenses may be payable by agreement, in advance. Otherwise, all expenses are to be paid within 14 days of invoice.
On occasion it may be necessary to get special permissions from the CAA in order to fly. On such
6. Payment Terms for Aerial Photography Hampshire T&C’s
Terms of payment at MH Photography’s sole discretion, and, unless otherwise agreed to in writing by MH Photography, full payments due in full before the first day of shooting. In case of the client requiring work carrying out in phases. MH Photography reserves the Right to partially invoice at stages and request an initial deposit (“Deposit”). This payment is due prior to the commencement of any work undertaken. MH Photography reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998]. (see 6.6)
The Client shall pay MH Photography, the fees and other amounts as outlined and agreed in the quotation. Any additional request for work not previously agreed upon or not included in the initial quotation attracts a charge for on a ‘time and hire’ basis. The calculation of which will be based on MH Photography’s standard rates (standard rate for half day/short task at £300 plus any other reasonable expenses).
MH Photography reserves the right to amend any quotation prior to both parties being in agreement or based on any new information which comes to light from either a site survey or prevailing weather conditions or consent of any location owners, or requirements for additional equipment and/or time and/or Operatives to ensure the safe and professional operation of the Services.
MH Photography pricing is based on hire and service charges being calculated on task circumstances, location, actions required, equipment and operators needed (pilots, observers, assistants). All hire, service, and other charges will be calculated on this
Upon MH Photography being satisfied that the Services have been completed in full or in stages (or in advance of this at MH Photography’s option), MH Photography will issue an invoice, or invoices, to the Client for the fees and charges then due. The Client will make payment for all sums due under an invoice in full, and in cleared funds, in the method set out on the invoice, within 28 days from the date the relevant invoice is raised.
Any amount due to MH Photography that is outstanding after the due date for payment will attract interest at the rate of 8% per month above the base rate of The Bank of England until the full amount has been paid. Such interest charges will be compounded at the end of each month.
MH Photography may deduct the amount of deposit (if any has been paid to MH Photography) specified in the Service Agreement from the final invoice(s) to the extent that such deposit remains unused.
If at any time the Client no longer wishes to receive the Services (or any part of the Services) MH Photography reserves the right to charge a cancellation fee not exceeding the total amount that would have been paid to MH Photography under the Service Agreement had the Services been completed.
The Client shall procure that upon request from MH Photography, the Client’s director(s) enter into separate guarantees with MH Photography whereby they irrevocably and unconditionally guarantee to MH Photography the due and punctual performance of the Client’s obligations under the Service Agreement. In addition, if the Client defaults in payment of any sum or sums payable to MH Photography under the Agreement for a period of more than 90 days from the invoice date, the director(s) of the Client will upon written request from MH Photography pay such sum or sums as may be outstanding under the Service Agreement. In the event of there being more than one signatory to this guarantee, the directors’ liabilities shall be construed and have effect as joint and several liabilities.
Where the need for a site survey’s required prior to the quotation, the client and MH Photography must agree to the cost and invoice payment in advance.
8. Cancellation by MH Photography.
In the terms of for Aerial Photography Hampshire T&C’s. If MH Photography cannot fly due to adverse weather conditions or mechanical failure, MH Photography cannot fly due to reasons that only become evident once on site or for reasons that MH Photography was not advised of beforehand then the full cost will remain due for payment. MH Photography will make every reasonable attempt to complete any tasks missed due to any of the reasons highlighted in, within 28 days of the missed task.
9. Cancellation by You
Notice of cancellation by the Client must be received in writing by MH Photography. and the Notice is not valid until confirmed in writing by MH Photography. Cancellation fees are payable according to the following schedule:
Following payment and more than 2 (two) days notice – 50% of the agreed fee less any payment already made.
Following payment and 2 (two) days or less notice – 100% of the agreed fee less any payment already made.
Notwithstanding the above schedule, if any costs have been incurred by MH Photography following written instruction from you (for example, but not limited to an agreed Site Survey cost, additional operators, specialist equipment) these costs will remain due for payment in full.
10. Permission to conduct photography
In the first place, MH Photography has permission from the Civil Aviation Authority or CAA to operate as a commercial SUA operator. The CAA regulates these operations. As a result, it is essential for us to adhere to these regulations for our Pilot’s permissions, (PFCO), insurance and public liability cover to be valid. For this reason, we will assess each Shoot, in the form of a documented Risk Assessment.
- In the light of this, we require the permission of the landowner to take off and land
- Henceforth, we cannot fly directly over people, roads & buildings which are not under the control of the film crew. In this case, we would require a minimum of 50 meters distance from these objects.
- Accordingly, certain restrictions apply to certain areas and additional permissions to fly may need to be sought from the CAA
- With this in mind, flying near an airport or airfield, we will need to contact local Air Traffic Control. In this case, to ensure safe operation at a certain height on a specified date and time
- Also in most cases, it is necessary to perform a pre-shoot Recce of a location
- As a result of the above, the Pilot always has the final say if flying conditions and locations are acceptable
Generally, the granting of flight permission is within a day or so. However, with SUA photography, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners maybe required. When required this can take several weeks (CAA may require up to 28 days written notice of intention to fly). Permission’s usually given but certain height and/or other conditions may apply). Consequently, all works subject to obtaining permitted and legal access from which to safely operate the SUA equipment.
11. Photographic material supplied
Still photographic or video material normally shot on digital camera equipment and supplied as unedited RAW or low compression jpegs. Video materials normally supplied as unedited rushes. As a minimum, you will need to put the video through stabilisation software during post-processing to obtain smooth footage. A choice is available as to the supply of Images, CD-ROM, DVD, Memory card or a cloud-based data transfer site ie; We Transfer.
Where the client requires retouching, digital manipulation and stitching of supplied images this becomes available at an additional cost, when feasible. Whilst we will endeavour to provide an accurate colour rendition of the original scene, we cannot guarantee to match the colour perceived by the human eye. All original photographic material (i.e. negatives, high-resolution digital RAW/tiff files and/or Video) remains the copyright of MH Photography.
Reorders, reprints and enlargements etc. from the original material can be supplied on request. Any requested reorders to this contract, attract an extension of this contract. The request in writing should include Image Reference Numbers. A written quotation from MH Photography’s supplied to the client for their acceptance. Finished materials normally dispatched within 10 working days of completion of the location work.
12. Legal Reproduction Rights, Moral Rights and Copyright (Copyright, Designs and Patents Act 1988) and Property Misdescriptions Act 1991.
Limited Reproduction Rights of the commissioned material passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses stated on the Quotation from Us. By default and in the absence of any stated use, this will be ‘General Marketing’.‘General Marketing’ use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated.
Use of the images by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film and the Internet) unless agreed in advance will require written permission from MH Photography for their use. This will incur a negotiated Reproduction Fee.
Subject to Paragraphs 12.1 and 12.2, above, the following two exceptions do not need advance written permission from MH Photography:-
i. Any third party working directly for the Client such as a Company creating publicity material for the Client incorporating the commissioned material in a General Marketing way.
ii. Newspaper Editorial Content for a news item about the Client provided that the text “Photograph (C) MH Photography” is clearly visible adjacent to the image for printed content.
MH Photography abides by the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under these Regulations.
We grant You an exclusive licence to use the commissioned material as agreed in clause 12.1 for a period of 12 months from the date of delivery of the commissioned material from Us to You or from the date that full payment has been received by Us from You for the commissioned material, whichever is the later.
After the period of the licence as stated in Clause 10.5.1 has expired:
We grant You a non-exclusive licence to use the commissioned material in perpetuity and in agreement with Clauses 12.1, 12.2 and 12.3. and
You agree that We may use the images Ourselves and that We may also licence the images to third parties without reference to You.
13. Limitation of Liability, weather, Force Majeure, Act of God and Other constraints for Aerial Photography Hampshire T&C’s
As with any outdoor location photography, a successful outcome depends upon suitable weather conditions. A decision to photograph on a particular day, normally delayed to the last practical moment to maximise the chance of suitable weather. On the day should the weather forecast require postponement of the assignment (as not being the weather as expected). If for some other reasonably unpredictable reason completion of the works not possible. Either of the following will occur. No additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to MH Photography in respect of the cancelled time. Where chargeable preparation works already carried out no refund will occur. Where chargeable preparation works already carried out no refund will occur.
The SUA and camera weigh approximately 2Kg. Whilst the SUA has build-in self-stabilising measures, it is a flying platform and is subject to movement by the wind and will tilt whilst being held against the wind. This will impact on the image quality, steadiness and the angle of the picture(s). We will endeavour to obtain the best quality pictures for the conditions and certain adjustments (such as skew to square up the image) can be made afterwards in post-processing. However, we cannot guarantee the images and video of a steady and broadcast standard (for instance).
If the works not completed due to Client reasons (e.g, but not limited to, lack of access or unscheduled site activity etc). MH Photography may charge the client to recover costs and time.
MH Photography will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, MH Photography cannot guarantee completion on or by any specific date. Therefore, MH Photography has no responsibility for missed publishing or other deadlines or any consequential costs involving the timing of the commission.
The completion of work may be subject to alteration or cancellation due to cause or causes beyond Our control. Certain requested shots from specific locations, directions and heights, may not be possible on the day for various operational reasons. In this case, to fulfil the contract supplying the best possible alternative shot(s) will have deemed to fulfil the contract
Battery limitations mean that each flight will last a maximum of approximately 25 minutes. This will normally generate up to 15 minutes of photographically usable flight time. After this time, the SUA must descend for a battery change.
The quality (e.g. exposure and sharpness) of photographs taken after sunset (which require the stability of the camera at the point of exposure) cannot be guaranteed and usually will not be attempted. Images required to be taken into the sun will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.
In exceptional circumstances, MH Photography may not be able to completely fulfil or complete a contract at all. If this occurs in these cases, it will refund part or all of any deposit received and not accept any other liability. In any event, the liability of MH Photography will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
MH Photography does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar Bodies.
Although we usually keep backup copies of images. Once the works delivered and accepted by the client, MH Photography accepts no responsibility or liability for maintaining archive copies of photographic material.
MH Photography has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 5 million pounds at
MH Photography does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Third Parties.
13.13 MH Photography and its agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
Any negligence on the part of Us (except insofar as the same causes death or personal injury) or
Our performance of or failure to perform or breach of any of its express implied obligations under the Contract.
You shall indemnify Us against any liability whatsoever (including any liability based on the negligence of You) which
We accept no liability for delay or non-fulfilment of any term of the Contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity or materials or any other cause or causes not within Our direct control.
14. General Conditions for Aerial Photography Hampshire T&C’s
No failure or delay on the part of Us to exercise its rights under the Contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the Contract shall not affect Our rights in the event of any further or additional breach or breaches.
Notwithstanding termination of the Contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions
The Contract shall be construed in accordance with English law which shall be the proper law of the Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.
The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way whatever
Each and every obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder.
These Conditions are stipulated by Us on Our own behalf and on behalf of all agents and apply for the protection of all its agents as for Us. The Customer undertakes not to sue or make any claim whatever against any of us or agent of Us in respect of any alleged negligence or other default of that Us or agent in relation to the carrying out, failure to carry out or breach of any Contract.
The Customer acknowledges and agrees by placing orders with Us that:
This is a transaction into which both parties are freely entering.
There are clauses contained in these Conditions which exclude, limit or modify the liability of Us and Our agents
All charges are subject to these Terms and Conditions
Under the terms for Aerial Photography Hampshire T&C’s. The Customer acknowledges that the Customer has read this Agreement and both understands and agrees with Us regarding all of the Terms and Conditions
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