Videography Service Terms, Agreement, and Conditions
Welcome to Drone Tour Videos!
This Videography Service Terms, Agreement, and Conditions (the "Agreement") is made effective upon purchasing any of our Video Tour packages (Rose, Gold, Diamond, and/or Crown Jewel) and/or related services at checkout, by and between the purchaser (the “Client”) and Drone Innovations LLC of Pittsburgh, Pennsylvania. This Agreement pertains solely to filming a single property (the “Venue”), the details of which are at the sole discretion of Drone Innovations LLC and its associates.
DESCRIPTION OF SERVICES. Drone Innovations LLC and its representatives will provide videography services, using artistic freedom and creative insight, to collect video footage of Client’s Venue for the purpose of producing a Video Tour. Afterwards, all footage will be edited (using a variety of video editing techniques) to produce a polished and professional Video Tour, for Client to review and approve (collectively, the “Services”).
PAYMENT. (1). Client agrees to pay Drone Innovations LLC all Video Tour package costs and included travel fees as consideration for the Services rendered by Drone Innovations LLC. In consideration of these package costs and fees, Drone Innovations LLC will collect footage of Client’s Venue and edit that footage (using a series of high-quality video editing techniques) to produce a polished Video Tour for Client to use for their Venue marketing, advertising, and/or promotional purposes.
Note: The videographer will only film those areas (and “additional spaces”) that have been paid for (by invoice) beforehand. No exceptions.
(2). After termination of this Agreement, and while all collected footage is still available, should Client request that Drone Innovations LLC create additional material from the original footage collected (such as highlight reels, social media content, static photos, video compilations, B-roll clips, additional video copies/formats, etc.) then the fees for performance of such services will be disclosed at that time, by Drone Innovations LLC.
IMPORTANT: All services performed will be assessed a flat/fixed $300 Travel Fee (no matter the distance traveled) to cover the videographer's time, meals, accommodations, and travel expenses to film your venue. This fee is already included in the pricing displayed on the www.dronetourvideos.com website.
OPTIONAL: "Static" photos of your venue can be purchased for $10 apiece as an add-on service (to your Video Tour package). We do not provide photos as a standalone service.
CANCELLATION & REFUND POLICY. A minimum of 3 “business days” (72 “business hours”) notice is required (prior to Client’s scheduled “filming date”) to cancel this Agreement and to receive a full refund. Refunds, under this circumstance, shall be paid out at month’s end or within 3 business days, whichever is later. And if cancellation is initiated by Drone Innovations LLC for any reason (and at any time), then Client will be eligible for a full (or partial) refund, at the discretion of Drone Innovations LLC, depending on the reason for the cancellation.
Additionally, any cancellation made by Client with less than 3 “business days” (72 “business hours”) notice (prior to Client’s scheduled “filming date”) will be ineligible for any refund whatsoever. Also, once the videographer arrives onsite (or at any point within 12-hours of Client’s filming start time), Client’s scheduled “filming session” cannot be rescheduled or delayed for another time. Under such circumstances, the scheduled “filming session” would either need to proceed as scheduled, or this Agreement will immediately terminate for non-performance by Client, and Client will forfeit any fees paid up to that point. Furthermore, due to the digital nature of video products, no refunds will be issued (under any circumstances) once filming has started at Client’s Venue and/or a video (in any form) has been produced for Client.
TERM. Drone Innovations LLC and Client agree that this Agreement shall commence immediately upon purchasing any of our Video Tour packages (Rose, Gold, Diamond, and/or Crown Jewel), and will terminate 7 calendar days after Client's Venue has actually been filmed. Additionally, this Agreement can be renewed or extended (prior to termination) by agreement of all parties, in writing, as well.
WORK PRODUCT OWNERSHIP. Any creative works, ideas, discoveries, footage, products, or other information (collectively, the "Work Product") developed in whole or in part by Drone Innovations LLC in connection with the Services, will remain the exclusive property of Drone Innovations LLC at all times into perpetuity. Furthermore, any video(s) distributed, whether “rough drafts” and/or the “final cut,” shall not be altered (at any time) by anyone other than Drone Innovations LLC and its representatives (under any and all circumstances).
After receiving full payment for Services at checkout, Drone Innovations LLC merely extends a license for Client to use the images, video(s), and/or other types of virtual media issued to Client, for a period of five years from the date that this Agreement was initiated. Additionally, this Work Product may only be used for advertising, marketing, and promoting the Client's Venue and for no other location and/or purpose. Furthermore, this Work Product license cannot be transferred, extended, or sold to a third party without the written consent of Drone Innovations LLC. Upon request, Drone Innovations LLC will execute all documents necessary to confirm or perfect the exclusive ownership of Drone Innovations LLC to the Work Product.
DIGITAL ARCHIVE. Within 60 days, of the termination of this Agreement, all images will be purged from Drone Innovations LLC’s hard-drive, except as needed for promotional purposes, as determined by Drone Innovations LLC at their sole discretion. Drone Innovations LLC is not responsible for loss or damage of any digital files (by Client or Drone Innovations LLC) due to circumstances deemed beyond Drone Innovations LLC’s control.
RELATIONSHIP OF PARTIES. It is understood by the parties that Drone Innovations LLC is an independent contractor with respect to Client, and not an employee of Client.
CONFIDENTIALITY. Drone Innovations LLC, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Drone Innovations LLC, or divulge, disclose, or communicate in any manner, any information that Client has expressed, in writing, to be confidential. Drone Innovations LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential, even after termination of Agreement.
COURTESY. The schedule of videography activities, appointments, and methods used by Drone Innovations LLC are put in place to accomplish the Client’s stated objective. Therefore, both Client and Drone Innovations LLC agree that positive cooperation and punctuality are absolutely essential, to produce the best results.
FILMING LOCATION CONSENT. Client agrees to grant Drone Innovations LLC (and its representatives), permission to capture video, pictures, and sound recordings of Client's Venue for the purpose of creating a Video Tour.
To facilitate this process, Client gives Drone Innovations LLC, along with its agents and successors, full rights to modify, use, or publish any images and recordings obtained from Client's Venue, at their discretion. These images and recordings may be used by Drone Innovations LLC and its agents, now and in the future for any lawful purpose, including the advertisement and promotion of Client's Venue in a Video Tour, and Client waives any right to review or approve any collected images and recordings prior to their use.
Furthermore, Client agrees to hold harmless Drone Innovations LLC, its agents, and its associates from any claims related to privacy invasion, infringement, etc. associated with the collection, production, future use, or publication of any images and recordings obtained from Client's Venue.
WARRANTY. Drone Innovations LLC shall provide Services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing those Services which meet generally acceptable standards in Drone Innovations LLC's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Drone Innovations LLC on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for (or by) any creditor or government agency.
The failure to make available or deliver Services in the time and manner provided for in this Agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default.
The party receiving such notice shall have 7 days from the Effective Date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within that period shall result in the automatic termination of this Agreement.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, filming equipment malfunction, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures.
The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
INDEMNIFICATION. Client agrees to fully indemnify, defend and hold Drone Innovations LLC (and its affiliates, employees and agents) harmless without limitation against all losses, damages, claims, liabilities, decrees, and expenses (including reasonable legal fees) of any kind whatsoever, whether brought by an individual or other entity, or imposed by a court of law or by administrative action, as a result of the Services provided.
VIDEOGRAPHER SAFETY AND SECURITY. Client agrees to provide any videographer affiliated with (or appointed by) Drone Innovations LLC with a safe and secure filming environment. If the videographer ever feels in danger (including but not limited to any physical, verbal, and/or emotional abuse) while at Venue, then the videographer reserves the right to leave the premises immediately. Such instances would constitute a breach of Agreement by Client, would cause this Agreement to immediately terminate, and would cause Client to forfeit any fees paid for Services.
ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter.
The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to any valid address that one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.