Terms and Conditions

 

1. Definitions 

  1. Business Day - shall mean a business day (other than a Saturday, Sunday or public holiday) when banks in London are open for business; 

  2. Customer – shall mean the person, firm or Company and its authorised representatives, with whom Skylapse Media contracts.

  3. Customer Brief -  A written brief detailing the precise scope of the works to be performed by Skylapse Media. It should include any requirements for location access and specific product (PPE requirement, additional qualifications, documentation, 3D modelling, video editing etc.).

  4. Full Day – shall consist of 8 continuous hours, from the time that the flight crew enters the location of the shoot, between the hours of 8am and 5pm. 

  5. Half Day – shall consist of 3.5 continuous hours, from the time that the flight crew enters the location of the shoot, between the hours of 8am and 5pm;

  6. Invoice – shall mean an invoice issued by Skylapse Media, pursuant to an accepted Quotation and same shall form an integral part of these Terms and Conditions.

  7. Quotation - shall mean a Quotation issued by Skylapse Media, pursuant to an agreed customer brief and same shall form an integral part of these Terms and Conditions.

  8. Skylapse Media – shall mean Skylapse Media Ltd, registered in England, with Company number: 11584472 and address: Myrtle Villa, Bradbury, Stockton on Tees, TS21 2ET, United Kingdom.

 

2. Orders and Planning

 

  1. The Customer will be asked to submit a Customer Brief.

  2. Skylapse Media will in turn determine the feasibility and suggest any adjustments, where necessary.

  3. A Quotation will be issued based on the information in 2.1 and 2.2 above, and the order will be allocated to a pilot to complete planning and surveys.

  4. All Quotations are valid for 30 calendar days from date of issue.

  5. Skylapse Media reserves the right to adjust the Quotation to reflect any unforeseen or unexpected costs which may arise at the planning stage.

  6. Many of the restrictions for any drone operator involve the general public, uninvolved persons, vehicles or structures which may be present at the location. You can expect Skylapse Media to seek your assistance in working to resolve these issues both at the planning stage and during the shoot. We will also ask for your assistance in gaining landowner permission for access, if applicable.

  7. The Customer is to appoint a dedicated point of contact for the day of the shoot.

  8. If a site visit is deemed necessary to complete planning this will be included in the Quotation.

  9. Skylapse Media does not accept any liability for any delays or problems arising from inaccuracies within the Customer Brief.

  10. Acceptance of the Quotation and agreement to commission Skylapse shall be deemed as acceptance of these Terms and Conditions.

 

3. Deposit and Payment

 

  1. Unless otherwise agreed in writing between the parties, a £250 deposit is to be paid by the Customer to Skylapse Media, in advance, available and reflecting in the nominated Skylapse Media banking account 10 business days before the shoot. This is to cover the cost of planning the shoot and is non-refundable.

  2. The balance of payment is due, available and reflecting in the nominated Skylapse Media banking account, within 14 days of invoice.

  3. All payments are to be effected by the Customer to Skylapse Media in full, without any set-offs or deductions.

 

4. Additional Costs

 

  1. Whilst Skylapse Media will endeavour to supply the Customer with a Quotation that includes all the costs based on the information provided by the Customer, on occasion, additional unavoidable costs may be incurred by Skylapse Media in performing services in respect of the Customer Brief. 

  2. Any additional costs incurred at the planning stage (such as permissions, additional site visits etc.) will be communicated to the Customer for approval and are payable in advance.

  3. Any additional time, required to perform the services in respect of the Customer Brief, that is not included in the Quotation, will be charged at £85 per hour. 

  4. Additional costs will be communicated to the Customer as soon as practical and will be fully itemised on the invoice, which will be payable as per 3.2 and 3.3 above.

  5. Skylapse Media are keen to deliver a product that meets the expectations of the Customer and if a product needs to be amended after delivery then no charge will be levied for the first re-edit. Subsequent re-edits will incur a further charge dependent on videographer resource costs.

 

5. Safety

 

  1. Skylapse Media takes pride in producing a quality product whilst maintaining safety as the highest priority. There are dangers inherent with drone/UAS operations and the pilot will provide a briefing on the day. 

  2. If conditions are deemed to compromise safety to an unacceptable level, the pilots’ decision whether to continue or cancel/postpone operations is final.

  3. Skylapse Media’s personnel will only operate within the published limits and procedures contained within Skylapse Media’s Operations Manual, CAA Operational Authorisation and the Air Navigation Order, commensurate with the conditions on the day.

  4. Weather conditions that are approaching limits but still flyable can affect the quality of the final  product. If this is the case, the pilot will inform the Customer or their representative and the Customer will have the  option to continue, cancel or postpone the shoot in accordance with these Terms and Conditions.

  5. Skylapse Media and its representatives will not be held responsible for any direct, indirect or consequential loss as a result of the above.  

 

6. Cancellations 

 

6.1 Cancellations by Skylapse Media

  1. Skylapse Media reserves the right to cancel the shoot, if Skylapse Media, is unable to perform its obligations, due to unforeseen circumstances, including but not limited to, adverse weather conditions or mechanical failure.

  2. Skylapse Media, will endeavour to reschedule the shoot, within 30 days of the cancelled shoot.

  3. If it is impossible to reschedule the shoot, for example if the shoot is in respect of a specific event that cannot be rescheduled, such as a procession, Skylapse Media will refund all monies paid, prior to the cancellation; however, costs and disbursements incurred prior to the affected day remain due for payment.

  4. If Skylapse Media cannot fly due to reasons that only become evident once on site or for reasons that Skylapse Media was not advised of beforehand then the full cost will remain due for payment.

 

6.2 Cancellations by the Customer 

  1. Notice of cancellation by the Customer must be received in writing by Skylapse Media, and the notice is not valid until confirmed in writing by Skylapse Media. Cancellation fees are payable as follows:

    1. 7 days or less written notice ; the deposit will be non-refundable;

    2. 2 days or less written notice; 100% of the agreed fee will be payable;

    3. Notwithstanding anything contained in these Terms and Conditions, if any costs or disbursements have been incurred by Skylapse Media following the Customer Brief; these costs will remain due for payment in full..

 

6.3 Force Majeure 

  1. Skylapse Media does not accept liability for delays or restrictions caused by Air Traffic Control, CAA or other enforcement or regulatory bodies.

  2. Skylapse Media does not accept liability for delays caused by “force majeure” events, including but not limited to war, strikes, lockouts, accidents, fire, scarcity or materials or factors not within the direct control of Skylapse Media.

 

7. Copyright and Ownership

 

  1. All images, video and produced media content remain the property of Skylapse Media under UK copyright law;

  2. By accepting these Terms and Conditions, the Customer agrees to not sell, rent, or distribute copies of Skylapse Media’s work outside of the Customer’s organisation without Skylapse Media’s express written agreement to any third parties including, but not limited to, newspapers,  magazines, book publishers, television, film and the internet. 

  3. The Customer agrees to not alter or edit Skylapse Media’s work without Skylapse Media’s express written permission;

  4. Skylapse Media reserves the right to withhold any media produced by Skylapse Media, until payment is received in full;

  5. Skylapse Media reserves the right to discretely include Skylapse Media branding in media produced and delivered to the Customer

  6. As owners of the copyrighted media, Skylapse Media may use media produced for the Customer in its own promotional activities. Original footage may also be released to stock footage libraries.

  7. Whilst back-up copies of images are kept, Skylapse Media accepts no responsibility nor liability for maintaining archive copies of photographic material once the material has been delivered to the Customer.

  8. Subject to anything to the contrary contained in these Terms and Conditions, Skylapse Media shall award the Customer a 12 month exclusive license to use the produced media and services, and unless agreed in writing, the license to use becomes non-exclusive after 12 months, in which case Skylapse can licence the produced media to other third parties, without reference to the Customer.

 

8. Confidentiality

 

  1. All enquiries will be dealt with in complete confidence;

  2. Use of Non-disclosure agreements can be arranged as required, and all data and images will be handled in accordance with the Data Protection Act 2018. 

  3. Skylapse Media use contracted personnel as part of their business who will have access to the data you share with us. Adherence to data protection legislation is a term of their service agreement.

 

9. Limitation of Liability & Indemnity 

 

  1. Skylapse Media shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the order, or the subject matter of the contract between the parties;

  2. Skylapse Media’s total liability to the Customer in respect of all other losses arising under or in connection with the order, which is the subject matter of these Terms & Conditions,  whether in tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the charges for the relevant order which is the subject matter of these Terms & Conditions, with regard to which the Customer is claiming loss;

  3. The Customer hereby indemnify Skylapse Media against any liability whatsoever, howsoever arising, (including any liability based on the negligence of the Customer) which it may incur resulting from any claim made against the Customer, by any third party.

 

10. General Provisions

 

  1. No failure or delay on the part of Skylapse Media 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 Skylapse Media’s rights in the event of any further or additional breach or breaches;

  2. Notwithstanding termination of the order, these Terms and 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 Terms and Conditions;

  3. The contract shall be construed in accordance with UK law which shall be the proper law of the contract and the UK Court shall have sole jurisdiction in relation to the provisions contained in these Terms and Conditions;

  4. Each and every obligation contained in these Terms and Conditions shall be treated as a  separate obligation and shall be severally enforceable as such and the non-enforceability at any of the clause or sub-clause of these Terms and Conditions shall not prejudice the enforceability of the remainder;

  5. These Terms and Conditions are stipulated by Skylapse Media, on its own behalf and on behalf of all its employees and agents and apply for the protection of all its employees and agents, as for Skylapse Media;

  6. The Customer acknowledges and agrees that:

    1. both parties are freely entering into the transaction/ order that is the subject matters of these Terms and Conditions, and there are clauses contained herein, which exclude, limit or modify the liability of Skylapse Media and its employees and agents;

    2. The Customer acknowledges that they have read these these Terms and Conditions an understand the contents contained herein.

  7. No variation of these Terms and Conditions will be of any effect unless reduced to writing.