Terms & Conditions
What's changed?
On this page you can view our current T&Cs [v3.0] all the way down to our original T&Cs [v1.0] and the changes we have made.
To view the most up-to-date version that applies to you, please see the date above each of the "changes" sections.
T&Cs v3.0 (30/09/2022) - Current Terms
Cancellation fee – 50% of contracted day per contracted day if cancelled before leaving or arriving at the location.
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Cancellation On-Site - If cancelled when leaving for a job, on the day or when on/nearly on location, the full rate for the booking would apply. This is to mitigate unrecoverable costs for the prep, kit hire, and the day booked out for your job.
Inclement weather fee – We charge an inclement weather fee of £75 for jobs that cannot be rescheduled and £45 for jobs that can be rescheduled, to mitigate unrecoverable costs.
Date Move Fee – If job moved by the client after initial admin planning and paperwork has been started, a fee of £95 will apply.
Safety Briefing – Avatar Drones pilots will always have a safety briefing on site (unless using a drone under 250g where it is deemed safe not to do so). It is not required that those on site sign to agree they have understood the safety brief, however, this helps us keep track of who has and has not read them. This is covered in the half/full day’s cost and any accident or injury resulting from those not reading the safety briefing or following the procedures, Avatar Drones and its pilots, associates or owners cannot be held responsible.
Neighbours – To ensure maximised safety when flying a drone, we may notify neighbours within a 50-100m vicinity of where the job is taking place. This is also covered in the half/full day’s cost. See below for general disputes/complaints, as well as those to do with neighbours.
Disputes/Complaints - It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer or our pilot(s) and an individual (such as neighbour) during the flight or job, you indemnify Avatar Drones and all associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
Privacy – where we are filming/photographing properties which residents already live, it is the hiring company/landlord’s responsibility to ensure residents are notified of aerial activities, photography, or video, to prevent a breach of privacy. This includes where we will be shooting at buildings or properties with windows, to ensure curtains are closed, (or opened with anything which could be included as a breach of privacy, out of the way, or out of direct view from the window). In the case where we capture photographs and/or video of any items or people which make up for a breach of privacy within these photographs/video, and they are published, the legal responsibility lies on the hiring company/landlord as they will have been aware of our presence on that date and have had the legal responsibility to notify residents. Where we spot that a photograph/video shot has an item or person which could be included as a breach of privacy within the image/video, we will do our best to remove it/them from the photograph in editing or will not use that footage at all.
ATC – In certain regions Air Traffic Control must be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you will be liable for the date move fee. We will do our best to accommodate a new date within that week, however, if not, the cancellation fee would apply, and you agree to pay the sum in full, without dispute.
Copyright – We own the copyright and ownership to all footage shot, however when purchasing our services, we will license you rights to use the footage as agreed beforehand (in your case: on your social media platforms, LinkedIn, Instagram, Facebook, Twitter, TikTok, etc, your website, YouTube and portfolio, as well as to be used to showcase to (but not limited to) clients/investors). Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies who may want to use the footage. In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
Footage – You have requested X visits to your project in Location across the progression of the build. At the current agreed price of £_____ + travel & any fees, your price includes __________, as well as _________.
We will also be creating _____ (any additional marketing content), and image edits at _______ (price agreed).
For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this information in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up.
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Editing of Images - When booking our services, we will either be providing you with all the original JPEG photographs or enhanced and edited images. Upon receiving the footage, do not edit images further as this can ruin the look of the photographs. Our images will have been correctly edited on a colour-accurate screen. Editing images further without experience or adding artificial filters can completely takes away the professional look for the images. If you wish to change the look of any images for whatever reason, please reach out to us and we will make any changes you wish for.
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Requested angles and video/photography style – At the beginning of the project, we will ask you if there are any specific shots or angles you wish for us to achieve for you. Upon this request/list, we will do our best to capture these for you, provided they do not breach health and safety, aviation regulations, or laws. If you do not advise us as to angles you wish to be captured on-location, we will capture photographs, videos and angles that we believe look best, using our skills and experience. We take no responsibility if angles or shots you wish for, that have not been clearly put forward in writing or in the notes section below, have not been captured. It is your responsibility to advise us as to what you would like to be captured if there are specific shots.
Revisions - We will always do an initial edit and send to the client to check that the overall look is as they wish, text is worded correctly, logos are in the desired place, logos have been used, etc. On this feedback, we will make the necessary and required changes before exporting the final product. (Note: this ‘revisions’ term relates to video editing, not photographs)
Upon receiving the final product, if you are still not satisfied, any additional changes will cost £75 (per revision).
This £75 revision covers the time to text re-edit, re-adjust logos, and other non-major adjustments before processing, rendering and exporting. If you require a full re-edit, the cost of re-editing will be applied.
Music & Audio Licensing - We hold a licensing contract with Epidemic Sound for music. "Commercial" covers as follows: "You're a freelancer or a business creating commercial productions" | "Covered for social media, online platforms and websites" | "Simple clearance for client productions"
This license covers you for social media marketing, Instagram, Facebook, Twitter, LinkedIn and your Website. Please let us know when and where you post it so that we can add it to our subscription whitelist. This will prevent you from getting copyright strikes. Under their 'commercial subscription music license' terms and conditions, they cover what you are not allowed to do with videos that contain their music. [3.4 | 1. 2. & 3.] Click Here to view their T&Cs in full
If you wish for us to use music/audio which we do not have the rights to use, we can do this, however, the licensing responsibility will be on you if the music/track owner or licensing authority reach out to us regarding a breach by using the music/audio. Avatar Drones, its owners, associates, and anyone in relation to the company will not be held responsible for this or for using the music/audio in an edit which has been used upon your request.
Project Overrunnings - When starting a project, we will ask for the project or build schedule. Our quote and visit(s) amount will be based off this schedule. In the case that a project overruns, we will need to re-assess the project quote as we will be working for longer than expected.
We pride ourselves on being client focused and will do our best to accommodate your wishes providing they do not contravene the Drone Code, aviation laws or general health and safety regulations.
Any additional comments and notes regarding the project by client i.e. what footage will be used for, marketing schedule, whether footage can be posted immediately or kept confidential until a certain date, etc to be put below + any specific shots you require to be captured: *followed by text box for notes*
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We look forward to working with you.
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Robert Siddle
Managing Director, Avatar Drones
T&Cs V2.5 (30/09/2021)
Added shortened text terms for our contracts and adapted the cancellation fee
These are shortened terms to help with ease of reading. For full term descriptions, which will apply to this contract, please see: https://www.avatardrones.co.uk/terms-conditions (scroll to the bottom of this page)
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Cancellation fee – 50% of contracted day per contracted day
​
Inclement weather fee – We charge an inclement weather fee of £75 for jobs that cannot be rescheduled and £45 for jobs that can be rescheduled, to mitigate unrecoverable costs.
​
Date Move Fee – If job moved by the client after initial admin planning and paperwork has been started, a fee of £95 will apply.
​
Safety Briefing – Avatar Drones pilots will always have a safety briefing on site. It is not required that those on site sign to agree they have understood the safety brief, however, this helps us keep track of who has and has not read them. This is covered in the half/full day’s cost and any accident or injury resulting from those not reading the safety briefing or following the procedures, Avatar Drones and its pilots, associates or owners cannot be held responsible.
​
Neighbours – To ensure maximised safety when flying a drone, we will always notify neighbours within a 50-100m vicinity of where the job is taking place. This is also covered in the half/full day’s cost.
​
Disputes/Complaints - It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer and an individual (such as neighbour) during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
​
ATC – In certain regions Air Traffic Control must be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you will be liable for the date move fee. We will do our best to accommodate a new date within that week, however, if not, the cancellation fee would apply, and you agree to pay the sum in full, without dispute.
​
Copyright – We own the copyright and ownership to all footage shot, however when purchasing our services, we will license you rights to use the footage as agreed beforehand (in your case, for your social media marketing, Instagram & YouTube videos, as well as website, posted solely to your company pages). Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies who may want to use the footage. In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
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Footage – You have requested aerial cinematic videos of the construction site at each of the different stages from our visits. At £499 per visit for 3-4 visits your price includes one edited cinematic marketing video per visit using footage from that visit. For the additional £149 you are paying, you will also receive an overall timelapse-style edit. In addition to the above, you will also receive image edits created from photographs captured on-site throughout each visit, per visit, for free, as a bespoke package deal for booking our services in bulk.
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For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this information in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up.
​
Revisions - We will always do an initial edit and send to the client to check that the overall look is as they wish, text is worded correctly, logos are in the desired place, logos have been used, etc. On this feedback, we will make the necessary and required changes before exporting the final product.
Upon receiving the final product, if you are still not satisfied, any additional changes will cost £75 (per revision).
This £75 revision covers the time to text re-edit, re-adjust logos, and other non-major adjustments before processing, rendering and exporting. If you require a full re-edit, the cost of re-editing (in this case £149) will be applied.
​
Music & Audio Licensing - We hold a licensing contract with Epidemic Sound for music. "Commercial" covers as follows: "You're a freelancer or a business creating commercial productions" | "Covered for social media, online platforms and websites" | "Simple clearance for client productions"
​
This license covers you for social media marketing, Instagram, Facebook, Twitter, LinkedIn and your Website. Please let us know when and where you post it so that we can add it to our subscription whitelist. This will prevent you from getting copyright strikes. Under their 'commercial subscription music license' terms and conditions, they cover what you are not allowed to do with videos that contain their music. [3.4 | 1. 2. & 3.] Click Here to view their T&Cs in full
Project Overrunnings - When starting a project, we will ask for the project or build schedule. Our quote and visit(s) amount will be based off this schedule. In the case that a project overruns, we will need to re-assess the project quote as we will be working for longer than expected.
​
We pride ourselves on being client focused and will do our best to accommodate your wishes providing they do not contravene the Drone Code, aviation laws or general health and safety regulations.
​
​
​
​
Terms & Conditions in Full
Cancellation fee - 50% of contracted day per contracted day
Where you have contracted/commissioned us for a job but decide to cancel altogether, a fee of £120 per contracted day will apply. This covers the pre-flight planning we will have done, and the day(s) booked off for your job.
​
Inclement weather fee - £75 (Job Depending) or where possible: Date Move and Job reschedule, for free, covered by us, bar any fees relating to Air Traffic Control
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as but not limited to: fog, heavy rain, snow or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. Whilst Avatar Drones will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for the flight to take place. An inclement weather fee of £75 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and where the job cannot be rescheduled. If the job can be rescheduled, Avatar Drones will accommodate re-booking the job, with no charges - bar any airport fees for that day, such as the London Heliport, where they will charge £30 per booked day.
Date Move Fee - £95 per date moved
If a contracted flight day is moved by the client after initial admin planning and paperwork has been done, a fee of £95 will apply. This cost is charged to mitigate unrecoverable costs, such as but not limited to: time spent on admin paperwork, notifying Air Traffic Control (ATC) and police - where we may have to re-call to notify that the date has been changed and flights will not go ahead, putting together safety paperwork, as well as losing a day booked for your job.
​
Safety Briefing
Avatar Drones pilots will always have a safety briefing on site. Those on site will have the safety briefing and emergency procedures provided to them. It is in all those on-site’s interest and safety to read this briefing. It is not required to sign the document which states the person who has read the safety briefing, understands it; however this helps to keep track of who has read and understood the document so we will try to have those on-site sign to confirm.
Those on site must know a drone is operating and in the case of an accident due to workers not paying attention, not being aware of the drone operating, where an emergency situation may arise and they do not follow the safety procedures, or by their own negligence, Avatar Drones, it’s associated, employees, investors or any person in relation to Avatar Drones or it’s owners will not be liable for injuries incurred. The time taken to do the safety briefing and obtaining signatures is included in the on-site day/half-day contracted into the quote.
​
Notifying Neighbours
With new laws that came in in 2021, it is not a requirement for pilots to get permissions (‘under control’) to fly drones or model aircraft within 50m of a person’s property, structure or building. Although this rule is in place, the residents and persons inside the building can still be 'at risk' and need to be aware of what is happening – for safety and risk reduction. Prior to any flight commencing, buildings/homes within 50m (or as deemed necessary) will be notified of the drone operation as well as shown the safety briefing and procedures for what to do in the case of an emergency. Signing is not required but helps to keep track of who confirms they have read and understood the potential risks and procedures in place for what to do in the case of an emergency. The time taken to do this is also included in the on-site day/half-day contracted into the quote.
​
Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights will be taking place. If a complaint or dispute arises between the client and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Any disputes arising will be between the hiring company and the complainant.
​
Notifying Air Traffic Control (ATC)
Air Traffic Control will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee and you agree to pay the sum in full, without dispute.
​
Copyright/Ownership of footage
We own all footage shot, however, when purchasing our services, we will license you rights to use the footage as agreed beforehand for your marketing purposes. Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies, third parties, news broadcasters or stock sites who may want to use the footage, without contacting us beforehand.
In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
​
Footage/What we are capturing
*Description of what we will be capturing for you - as described in your project brief or discussed over the phone with our team. This section varies per client*
​
Footage/Project Confidentiality
For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up as this will affect our marketing schedule.
​
Revisions & Re-Editing
We will always complete an initial edit to send to the client to check that the product looks as they wish - titles are worded correctly, logos are in the desired place, credit details are correct, etc.
Upon this feedback, we will make the necessary changes before exporting the final product.
​
On receiving the finished product, if you are still not satisfied, any additional small changes will cost £75 (per revision), or £149 for major changes, e.g. changing the music, which requires a full re-edit - a day or half a day's work, depending on the project.
​​
Music & Audio Licensing
We hold a licensing contract with Epidemic Sound for commercial productions. "Commercial" covers as follows:
​
"You're a freelancer or a business creating commercial productions"
​​
"Covered for social media, online platforms and websites"
"Simple clearance for client productions"
​
The music we use covers you for social media marketing, Instagram, Facebook, Twitter, LinkedIn. We are unsure about embedding the videos we produce onto your website, so we are just awaiting confirmation on this from the team at Epidemic Sound.
​
Under their 'commercial subscription music license' terms and conditions, they cover what you are not allowed to do with videos that contain their music. (3.4 1. a. & b.) Click Here to view their T&Cs in full
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Project Overrunnings
When starting a project, we will ask for the project or build schedule. Our quote and flight(s) amount will be based off this schedule. In the case that a project overruns, we will need to re-assess the project quote as we will be working for longer than expected. If projects overrun, you agree to us re-assessing the quote and delay/overrunning fees may apply. Fees are to be discussed when project quote is put together.
​
We pride ourselves on being client focused and will do our best to accommodate your wishes providing they do not contravene the Drone Code, aviation laws or general health and safety regulations.
​
If your desired flight/filming is unsafe, our pilots will not go ahead with those shots but will accommodate to the best of their skill, within safety, general health and safety regulations, and aviation law, to achieve alternative outcomes.
​
By signing a contract with us you agree to the above terms and waive the right to fight Avatar Drones, it's owners, pilots, investors, advisors, anyone related to the above, or the owners' relations, in the case a dispute goes to court.
​
Our terms and conditions may need to be adapted, re-written or changed as Avatar Drones develops. This may be resulting from new legal action or something we have yet to encounter while working. When our terms and conditions update and may be relevant to you, we will notify you. You do not have to agree to the new conditions and you have the right to stop working with us from when the new terms come into play.
​
In the case where we are already mid-contract, the previous terms may apply until we are contracted for another job OR where the changes are so significant for safety and regulating that a settlement fee for pulling out of the contract can be discussed.
T&Cs V2.4 (04/05/2021)
Text cutdown and removal of unnecessary fees
Cancellation fee - £120 per contracted flight day
Where you have contracted/commissioned us for a job but decide to cancel altogether, a fee of £120 per contracted day will apply. This covers the pre-flight planning we will have done, and the day(s) booked off for your job.
​
Inclement weather fee - £75 (Job Depending) or where possible: Date Move and Job reschedule, for free, covered by us, bar any fees relating to Air Traffic Control
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as but not limited to: fog, heavy rain, snow or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. Whilst Avatar Drones will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for the flight to take place. An inclement weather fee of £75 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and where the job cannot be rescheduled. If the job can be rescheduled, Avatar Drones will accommodate re-booking the job, with no charges - bar any airport fees for that day, such as the London Heliport, where they will charge £30 per booked day.
Date Move Fee - £95 per date moved
If a contracted flight day is moved by the client after initial admin planning and paperwork has been done, a fee of £95 will apply. This cost is charged to mitigate unrecoverable costs, such as but not limited to: time spent on admin paperwork, notifying Air Traffic Control (ATC) and police - where we may have to re-call to notify that the date has been changed and flights will not go ahead, putting together safety paperwork, as well as losing a day booked for your job.
​
Safety Briefing
Avatar Drones pilots will always have a safety briefing on site. Those on site will have the safety briefing and emergency procedures provided to them. It is in all those on-site’s interest and safety to read this briefing. It is not required to sign the document which states the person who has read the safety briefing, understands it; however this helps to keep track of who has read and understood the document so we will try to have those on-site sign to confirm.
Those on site must know a drone is operating and in the case of an accident due to workers not paying attention, not being aware of the drone operating, where an emergency situation may arise and they do not follow the safety procedures, or by their own negligence, Avatar Drones, it’s associated, employees, investors or any person in relation to Avatar Drones or it’s owners will not be liable for injuries incurred. The time taken to do the safety briefing and obtaining signatures is included in the on-site day/half-day contracted into the quote.
​
Notifying Neighbours
With new laws that came in in 2021, it is not a requirement for pilots to get permissions (‘under control’) to fly drones or model aircraft within 50m of a person’s property, structure or building. Although this rule is in place, the residents and persons inside the building can still be 'at risk' and need to be aware of what is happening – for safety and risk reduction. Prior to any flight commencing, buildings/homes within 50m (or as deemed necessary) will be notified of the drone operation as well as shown the safety briefing and procedures for what to do in the case of an emergency. Signing is not required but helps to keep track of who confirms they have read and understood the potential risks and procedures in place for what to do in the case of an emergency. The time taken to do this is also included in the on-site day/half-day contracted into the quote.
​
Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights will be taking place. If a complaint or dispute arises between the client and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Any disputes arising will be between the hiring company and the complainant.
​
Notifying Air Traffic Control (ATC)
Air Traffic Control will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee and you agree to pay the sum in full, without dispute.
​
Copyright/Ownership of footage
We own all footage shot, however, when purchasing our services, we will license you rights to use the footage as agreed beforehand for your marketing purposes. Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies, third parties, news broadcasters or stock sites who may want to use the footage, without contacting us beforehand.
In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
​
Footage/What we are capturing
*Description of what we will be capturing for you - as described in your project brief or discussed over the phone with our team. This section varies per client*
​
Footage/Project Confidentiality
For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up as this will affect our marketing schedule.
​
Revisions & Re-Editing
We will always complete an initial edit to send to the client to check that the product looks as they wish - titles are worded correctly, logos are in the desired place, credit details are correct, etc.
Upon this feedback, we will make the necessary changes before exporting the final product.
​
On receiving the finished product, if you are still not satisfied, any additional small changes will cost £75 (per revision), or £149 for major changes, e.g. changing the music, which requires a full re-edit - a day or half a day's work, depending on the project.
​​
Music & Audio Licensing
We hold a licensing contract with Epidemic Sound for commercial productions. "Commercial" covers as follows:
​
"You're a freelancer or a business creating commercial productions"
​​
"Covered for social media, online platforms and websites"
"Simple clearance for client productions"
​
The music we use covers you for social media marketing, Instagram, Facebook, Twitter, LinkedIn. We are unsure about embedding the videos we produce onto your website, so we are just awaiting confirmation on this from the team at Epidemic Sound.
​
Under their 'commercial subscription music license' terms and conditions, they cover what you are not allowed to do with videos that contain their music. (3.4 1. a. & b.) Click Here to view their T&Cs in full
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
Project Overrunnings
When starting a project, we will ask for the project or build schedule. Our quote and flight(s) amount will be based off this schedule. In the case that a project overruns, we will need to re-assess the project quote as we will be working for longer than expected. If projects overrun, you agree to us re-assessing the quote and delay/overrunning fees may apply. Fees are to be discussed when project quote is put together.
​
We pride ourselves on being client focused and will do our best to accommodate your wishes providing they do not contravene the Drone Code, aviation laws or general health and safety regulations.
​
If your desired flight/filming is unsafe, our pilots will not go ahead with those shots but will accommodate to the best of their skill, within safety, general health and safety regulations, and aviation law, to achieve alternative outcomes.
​
By signing a contract with us you agree to the above terms and waive the right to fight Avatar Drones, it's owners, pilots, investors, advisors, anyone related to the above, or the owners' relations, in the case a dispute goes to court.
​
Our terms and conditions may need to be adapted, re-written or changed as Avatar Drones develops. This may be resulting from new legal action or something we have yet to encounter while working. When our terms and conditions update and may be relevant to you, we will notify you. You do not have to agree to the new conditions and you have the right to stop working with us from when the new terms come into play.
​
In the case where we are already mid-contract, the previous terms may apply until we are contracted for another job OR where the changes are so significant for safety and regulating that a settlement fee for pulling out of the contract can be discussed.
T&Cs V2.3 (06/02/2021) Current Terms and Conditions
Minor re-wording of v2.1 and added a few extra sections
T&Cs V2.2 (27/01/2021)
V2.3 is the same as v2.2 bar the fact we have reduced the revisions fee from £100 to £75
Cancellation fee - £120 per contracted flight day
Where you have contracted/commissioned us for a job but decide to cancel altogether, a fee of £120 per contracted day will apply. This covers the pre-flight planning we will have done, and the days booked off for your work, which could result in us potentially losing out on another job with another client.
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Inclement weather fee - £75 per flight day affected
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as fog, heavy rain, snow or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. The pilot’s decision will be in the best interests of the safety of all individuals, properties and potential aircraft in the vicinity. Whilst Avatar Drones will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for the flight to take place. An inclement weather fee of £75 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and cannot be rescheduled. A £45 charge will be applied if the flight can be rescheduled in order to cover the costs of resubmitting flight requests & paperwork with external agencies such as ATC (Air Traffic Control)
Date Move Fee - £95 per date moved
If a contracted flight day is moved by the client after initial admin planning and paperwork has been started, a fee of £95 will apply. This cost is charged to mitigate unrecoverable costs, such as but not limited to: time spent on admin paperwork, notifying Air Traffic Control (ATC) [Location Dependent] and the local police, where we may have to re-call to notify that the date has been changed and flights will not go ahead, putting together safety paperwork, as well as losing a booked day of work.
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Safety Briefing
Avatar Drones pilots will always have a safety briefing on site. Those on site will have the safety briefing and emergency procedures either read out to them, or a sheet with the information on it, provided to them. It is in all on-site’s interest and safety to read this briefing. It is not required for all on-site to sign the document which states the person who has read the safety briefing, understands it; however it helps to keep track of who has read and understood the document so we will try to have those on-site sign to confirm. Those on site must know a drone is operating and in the case of an accident due to workers not paying attention, not being aware of the drone operating, where an emergency situation may arise and they do not follow the safety procedures, or by their own negligence, Avatar Drones, it’s associated, employees, investors or any person in relation to Avatar Drones or it’s owners will not be liable for any injuries incurred. The time taken to do the safety briefing and obtaining signatures is included in the time on site contracted into the quote.
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Notifying Neighbours
With new laws that came in in 2021, it is now not a requirement for PfCO holder pilots to get permissions (get the following ‘under control’) to fly drones or model aircraft within 50m of a person’s property, structure or building anymore. Although this rule is in place, the residents and persons inside the building still need to be aware of the flight and what will be happening – for safety and risk reduction. Prior to any flight commencing, buildings/homes within 50m (or as deemed necessary) will be notified of the drone operation as well as shown the safety briefing and procedures to follow in the case of an emergency, the same as the above paragraph. Signing is not required but helps to keep track of who confirms they have read and understood the potential risks and procedures in place for what to do in the case of an emergency. The time taken to do this is included in the time on site contracted into the quote.
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Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
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Notifying Air Traffic Control (ATC)
Air Traffic Control will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee. We will do our best to accommodate a new date within that week. If not, the cancellation fee applies, and you agree to pay the sum in full, without dispute.
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Copyright/Ownership of footage
We own the copyright and ownership to all footage shot, however when purchasing our services, we will license you rights to use the footage as agreed beforehand. Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies, third parties, news broadcasters or stock sites who may want to use the footage.
In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
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Footage/What we are capturing
You have requested aerial cinematic videos of the construction site, one flight now and one at the completion of the project/basement in approximately 6 weeks time. At £499 per flight for two flights your price includes one edited cinematic marketing video per flight using footage from that flight. Alternatively INSTEAD of 2 marketing videos we can create one overall video combining footage from both days to create a longer cinematic marketing video. This price includes the flight and one cinematic per flight only or one overall of combined cinematic video with footage from both flights. Additional edit prices can be discussed if required. For photographs we charge £20 per image. This includes the editing we will do to enhance the most attractive and stand-out elements in the photographs.
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Footage/Project Confidentiality
For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this information in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up.
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Revisions & Re-Editing
We will always do an initial edit and send to the client to check that the overall look is as they wish, text is worded correctly, logos are in the desired place, logos have been used, etc (If purchasing an edit and specified on brief*)
On this feedback, we will make the necessary and required changes before exporting the final product.
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Upon receiving the finished product, if you are still not satisfied, any additional changes will cost £75 (per revision).
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This £75 revision covers the time to re-edit, re-adjust logos, and make other non-supermajor adjustments before processing, rendering and exporting.
If you require a full re-edit, the same cost of the initial editing will be applied.
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Music & Audio Licensing
We hold a licensing contract with Epidemic Sound for commercial production. "Commercial" covers as follows:
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"You're a freelancer or a business creating commercial productions"
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"Covered for social media, online platforms and websites"
"Simple clearance for client productions"
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The music we use covers you for social media marketing, Instagram, Facebook, Twitter, LinkedIn. We are unsure about embedding the videos we produce onto your website, so we are just awaiting confirmation on this from the team at Epidemic Sound.
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Under their 'commercial subscription music license' terms and conditions, they cover what you are not allowed to do with videos that contain their music. [ 3.4 1 a.) & b.) ] Click Here to view their T&Cs in full
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Project Overrunnings
When starting a project, we will ask for the project or build schedule. Our quote and flight(s) amount will be based off this schedule. In the case that a project overruns, we will need to re-assess the project quote as we will be working for longer than expected. The reason being for this is that if we have another client job come in which we were supposed to be able to take on but are now not able to due to delays out of our control, we will be working for longer than contracted and we potentially lose out on another deal. If projects overrun, you agree to us re-assessing the quote and delay/overrunning fees may apply. Fees are to be discussed when project quote is put together.
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We pride ourselves on being client focused and will do our best to accommodate your wishes providing they do not contravene the Drone Code, aviation laws or general health and safety regulations.
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If your flight desire is unsafe our pilots will not go ahead with the shots but will accommodate shots to the best of their skill, within safety, general health and safety regulations, and aviation law.
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By signing a contract with us you agree to the above terms and waive the right to fight Avatar Drones, it's owners, pilots, investors, advisors, anyone related to the above, or the owners' relations, in the case a dispute goes to court.
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Our terms and conditions may need to be adapted, re-written or changes as Avatar Drones grows. This may be resulting from new legal action or something we have yet to encounter while working. When our terms and conditions update and may be relevant to you, we will notify you. You do not have to agree to the new conditions and you have the right to stop working with us.
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In the case where we are already mid-contract, the previous terms may apply until we are contracted for another job OR where the changes are so significant for safety and regulating that a settlement fee for pulling out of the contract can be discussed.
Highlighted Changes:
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Footage - re-worded title to read "Footage/What we are capturing"
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Footage, What we are capturing and Project Confidentiality, split up into the two sections:
"Footage/What we are capturing" and "Footage/Project Confidentiality"
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Revisions - changed tile to "Revisions & Re-Editing"
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Revisions - re-worded this section
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Added: Music & Audio Licensing section
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Added: Project Overunnnings - what happens if a project overruns, what our next steps of action will be, and the potential for fees to be incurred to compensate for our time and potential lost clients.
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06/02/2021 Changes
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Reduced revisions fee from £100 to £75
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T&Cs V2.1 (25/01/2021)
Minor changes to v2.0
Cancellation fee - £120 per contracted flight day
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Inclement weather fee
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as fog, heavy rain, snow or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. The pilot’s decision will be in the best interests of the safety of all individuals, properties and potential aircraft in the vicinity. Whilst Avatar Drones will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for the flight to take place. An inclement weather fee of £75 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and cannot be rescheduled. A £45 charge will be applied if the flight can be rescheduled in order to cover the costs of resubmitting flight requests & paperwork with external agencies such as ATC (Air Traffic Control)
Date Move Fee – if moved by the client after initial admin planning and paperwork has been started, a fee of £95 will apply.
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Safety Briefing
Avatar Drones pilots will always have a safety briefing on site. Those on site will have the safety briefing and emergency procedures either read out to them, or a sheet with the information on it, provided to them. It is in all on-site’s interest and safety to read this briefing. It is not required for all on-site to sign the document which states the person who has read the safety briefing, understands it; however it helps to keep track of who has read and understood the document so we will try to have those on-site sign to confirm. Those on site must know a drone is operating and in the case of an accident due to workers not paying attention, not being aware of the drone operating, where an emergency situation may arise and they do not follow the safety procedures, or by their own negligence, Avatar Drones, it’s associated, employees, investors or any person in relation to Avatar Drones or it’s owners will not be liable for any injuries incurred. The time taken to do the safety briefing and obtaining signatures is included in the time on site contracted into the quote.
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Neighbours
With new laws that came in in 2021, it is now not a requirement for PfCO holder pilots to get permissions (get the following ‘under control’) to fly drones or model aircraft within 50m of a person’s property, structure or building anymore. Although this rule is in place, the residents and persons inside the building still need to be aware of the flight and what will be happening – for safety and risk reduction. Prior to any flight commencing, buildings/homes within 50m (or as deemed necessary) will be notified of the drone operation as well as shown the safety briefing and procedures to follow in the case of an emergency, the same as the above paragraph. Signing is not required but helps to keep track of who confirms they have read and understood the potential risks and procedures in place for what to do in the case of an emergency. The time taken to do this is included in the time on site contracted into the quote.
​
Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
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Air Traffic Control (ATC)
Will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee. We will do our best to accommodate a new date within that week. If not, the cancellation fee applies, and you agree to pay the sum in full, without dispute.
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Copyright
We own the copyright and ownership to all footage shot, however when purchasing our services, we will license you rights to use the footage as agreed beforehand. Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies who may want to use the footage. In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
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Footage
You have requested X no. of flight(s) for X length of time (e.g.1 flight per week for 10 weeks).
At £XYZ per flight for X number of flights your price includes: XYZ cinematic videos.
e.g. Price of £499 per flight for 10 flights = 1 social media marketing video per flight using footage from that flight, resulting in 10 overall marketing videos. Alternatively, INSTEAD of 10 marketing videos, we can create one overall video combining footage from all flights to create a longer video.
The price quoted to you includes the flight and one cinematic per flight only or one overall of combined cinematic video with footage from all flights. Additional edit prices can be discussed if required.
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For photographs we charge £20 per image. This includes the editing we will do to enhance the most stand-out elements in the photographs.
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For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this information in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up.
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Revisions
We will always do an initial edit and send to the client to check that the overall look is as they wish, text is worded correctly, logos are in the desired place, logos have been used, etc. On this feedback, we will make the necessary and required changes before exporting the final product. Upon receiving the finished product, if you are still not satisfied, any additional changes will cost £100 (per revision). This covers the time to re-edit, re-adjust logos, and other non-supermajor adjustments before processing, rendering and exporting.
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If you require a full re-edit, the cost of re-editing will be applied.
Highlighted Changes:
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Revisions - added how we structure revisions. Initial edit based of of client's brief. Sent to client for feedback. Feedback taken into account, apply feedback to edits, process, render and export final product.
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If still not satisfied non-major revisions will be an additional £100 per revision. Full re-edits will be the re-editing cost.
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T&Cs V2.0 (23/01/2021)
T&Cs complete re-write
Cancellation fee - £120 per contracted flight day
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Inclement weather fee
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as fog, heavy rain, snow or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. The pilot’s decision will be in the best interests of the safety of all individuals, properties and potential aircraft in the vicinity. Whilst Avatar Drones will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for the flight to take place. An inclement weather fee of £75 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and cannot be rescheduled. A £45 charge will be applied if the flight can be rescheduled in order to cover the costs of resubmitting flight requests & paperwork with external agencies such as ATC (Air Traffic Control)
Date Move Fee – if moved by the client after initial admin planning and paperwork has been started, a fee of £95 will apply.
​
Safety Briefing
Avatar Drones pilots will always have a safety briefing on site. Those on site will have the safety briefing and emergency procedures either read out to them, or a sheet with the information on it, provided to them. It is in all on-site’s interest and safety to read this briefing. It is not required for all on-site to sign the document which states the person who has read the safety briefing, understands it; however it helps to keep track of who has read and understood the document so we will try to have those on-site sign to confirm. Those on site must know a drone is operating and in the case of an accident due to workers not paying attention, not being aware of the drone operating, where an emergency situation may arise and they do not follow the safety procedures, or by their own negligence, Avatar Drones, it’s associated, employees, investors or any person in relation to Avatar Drones or it’s owners will not be liable for any injuries incurred. The time taken to do the safety briefing and obtaining signatures is included in the time on site contracted into the quote.
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Neighbours
With new laws that came in in 2021, it is now not a requirement for PfCO holder pilots to get permissions (get the following ‘under control’) to fly drones or model aircraft within 50m of a person’s property, structure or building anymore. Although this rule is in place, the residents and persons inside the building still need to be aware of the flight and what will be happening – for safety and risk reduction. Prior to any flight commencing, buildings/homes within 50m (or as deemed necessary) will be notified of the drone operation as well as shown the safety briefing and procedures to follow in the case of an emergency, the same as the above paragraph. Signing is not required but helps to keep track of who confirms they have read and understood the potential risks and procedures in place for what to do in the case of an emergency. The time taken to do this is included in the time on site contracted into the quote.
​
Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones may advise the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
​
Air Traffic Control (ATC)
Will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee. We will do our best to accommodate a new date within that week. If not, the cancellation fee applies, and you agree to pay the sum in full, without dispute.
​
Copyright
We own the copyright and ownership to all footage shot, however when purchasing our services, we will license you rights to use the footage as agreed beforehand. Our footage cannot be sold on or used in any other way to make profit, or to be provided to other companies who may want to use the footage. In the case where other pages or companies want to use our footage, please connect us with them via email: avatardrones@hotmail.com or phone: 07392 184394 and we will be more than happy to discuss footage licencing for them.
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Footage
You have requested X no. of flight(s) for X length of time (e.g.1 flight per week for 10 weeks).
At £XYZ per flight for X number of flights your price includes: XYZ cinematic videos.
e.g. Price of £499 per flight for 10 flights = 1 social media marketing video per flight using footage from that flight, resulting in 10 overall marketing videos. Alternatively, INSTEAD of 10 marketing videos, we can create one overall video combining footage from all flights to create a longer video.
The price quoted to you includes the flight and one cinematic per flight only or one overall of combined cinematic video with footage from all flights. Additional edit prices can be discussed if required.
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For photographs we charge £20 per image. This includes the editing we will do to enhance the most stand-out elements in the photographs.
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For project confidentiality reasons you may not wish for us to release footage to our social media platforms immediately. Please let us know this information in the notes section below. Failure to do so will mean that we will start releasing content as soon as we are able to. If you notify us after we have posted a piece of content, we can seize all posts from that point onwards however the previous posts may stay up.
Highlighted Changes:
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Cancellation fee - raised to £120
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Inclement weather fee - raised to £75
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Where a weather fee date can be rescheduled - fee cost raised to £45
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Date move fee - raised to £95
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Safety Briefing - not required to be signed, but all those on-site must be aware of the drone operating. The pilot will either read out or provide safety briefings to those on-site before flying, however, if a worker or personnel on-site becomes injured the the case of an accident from not following the emergency procedures as written in the safety briefing, Avatar Drones, its pilots, associates, investors, owners or anyone in relation to the company, its owners or its pilots, cannot be held accountable. It is the site owner/managers responsibility to ensure all on site are aware of the drone and what to do in the case of an emergency occuring.
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Neighbours - with new 2021 regulations for PfCO Qualified Pilots, it is not required to get the home, structure or building owner's permission to operate the drone within 50m of the property. The building is not at risk and therefore does not need to be "under the control" of the pilot. Residents however are still at risk. We will notify all residents within a distance that seems suitable and provide them with the same safety briefing as the one in the above paragraph. Signatures are not required but does help to keep track of who has read and understood the safety briefing and what procedures to do in the case of an emergency.
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Copyright - we own the footage and copyright but will license permission to you to use on your social media and for marketing as specified in the initial project brief. Footage cannot be sold on or provided to third parties such as but not limited to: news, other instagram, facebook, twitter or linkedin pages, stock sites etc
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Footage - covers an explanation of what you have purchased, the editing options for what you are purchasing, and what to do if you require more edits than what is included in your purchase. Photographs purchased at £20 per image - includes editing to enhance key elements in the photographs. In some cases clients may want us to hold back on posting footage for our marketing content due to confidentiality reasons. This must be made clear at the beginning of the project otherwise all footage posted to our page prior to being warned will be able to stay up and all footage planned to go up from that point onwards, seized.
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T&Cs V1.0 (03/05/2020)
Cancellation fee - £95 per contracted flight day
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Inclement weather fee
Under the regulations of our pilot’s licence, it may be necessary at times to cancel or postpone a flight for safety reasons due to inclement weather conditions such as fog, heavy rain or wind. A pilot’s professional judgement as to whether a flight can proceed takes precedent and by signing this contract you agree not to challenge the pilot’s decision. The pilot’s decision will be in the best interests of the safety of all individuals and properties in the vicinity. Whilst I will try to accommodate rescheduling the job, it may not be possible in all instances. This particularly applies with one-off contracts where the event may still go ahead i.e. a charity fun run but the conditions are unsuitable for a drone. An inclement weather fee of £50 is charged to mitigate unrecoverable costs where the flight is cancelled due to inclement weather and cannot be rescheduled. A £15 charge will be applied if the flight can be rescheduled in order to cover the costs of resubmitting flight requests & paperwork with external agencies such as ATC (Air Traffic Control)
Date Move Fee - if moved by the client a fee of £50 will apply
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Consent
All on-site personnel must sign a consent form, confirming their understanding that a drone is operating in their near proximity, albeit in accordance with all the necessary safety requirements. Failure to have consent from 100% of the on-site personnel means the drone will be flown at a distance of 50m or more which may result in i) the pilot being unable to fly the drone exactly where it is necessary in order to obtain the footage required by the client or ii) where the pilot deems appropriate to achieve successful footage.
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Waiver
All personnel on site must sign to waiver away any claims made against Robert Siddle, Avatar Drones, or any employees or connections to the pilot or the company, resulting from injury caused by the drone, accidental injury, battery failures, mid-air collisions, or any type of injury occurred by the drone operating within the vicinity of the airspace on site and around. By signing the form of consent and agreeing to the risks, you waive the right to file complaints or lawsuits against the pilot or the business.
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Neighbours
All properties or residents within a 50m radius of drone operations will need to sign a consent form and waiver before the flight can take place. Failure to have these agreements signed will potentially result in the drone either not being able to operate or the pilot not being able to operate at certain angles or proximities to those neighbours or their properties in accordance with the aviation laws.
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Disputes/Complaints
It is good practice to notify the police prior to any flight (or series of flights) commencing and therefore Avatar Drones will have advised the necessary agencies that flights are taking place. If a complaint or dispute arises between the developer and an individual during the flight or job, you indemnify Avatar Drones and all of associated parties against liability in that dispute unless the pilot has been negligent. Avatar Drones will have been granted permission to operate on site and therefore any disputes arising will be between the hiring company and the complainant.
​
ATC (Air Traffic Control)
Will be notified ahead of each flight. If for any reason ATC decline the request to operate on a particular date, you are liable for the date move fee. We will do our best to accommodate a new date within that week. If not, the cancellation fee applies, and you agree to pay the sum in full, without dispute
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Copyright
You own the copyright to the footage you purchase. However, by signing this agreement, you agree that Avatar Drones reserves the right to use the footage, or elements thereof, for marketing purposes for example on our own website and other social media channels, such as YouTube, Facebook, etc. You also agree that Avatar Drones may use the footage from 24 hours after the day the footage has been shot unless you explicitly state otherwise i.e. for project confidentiality reasons you may request that we only publish once the project has been completed. This must ideally be advised in the notes section below when signing this contract, otherwise stated prior to the project commencing.
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Emergency Procedures
All personnel must sign a form to confirm they understand what to do in an emergency, in accordance with the safety briefing provided at the beginning of the project. It is the client’s responsibility to ensure any new personnel on site are supplied the safety brief and to make sure that the forms are signed. This also applies to the Consent Form, and the Waiver Form. Failure for any on-site personnel to have a signed waiver, consent form and safety brief/emergency procedures agreement may result in the flight being cancelled for which Avatar Drones will not be liable. Failure of on-site personnel to comply with the advice given in the safety briefing or the emergency procedures is the client’s responsibility and Avatar Drones will not be held responsible for any accidents or incidents resulting from non-compliance.