BILLING AND PAYMENTS
In consideration for the services provided by Nashville Aerial, CLIENT will pay Nashville Aerial & Production Services the amount set forth in Project Costs & Deliverables. A 50% deposit is due upon signature and the balance due upon completion of project.
Payments shall be made by CLIENT no later than thirty (30) days after receipt by CLIENT of an invoice from Nashville Aerial, unless alternate payment terms are set forth in the Proposal. All payments hereunder should be addressed to Nashville Aerial, 7044 Nolen Park Circle. Nolensville, TN, 37135.
Invoices will contain information with regard to the production services provided by Nashville Aerial and any additional charges.
Unless otherwise stated, Nashville Aerial's fees do not include any federal, state or local taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes. [CLIENT is responsible for paying all taxes associated with its purchases hereunder, excluding taxes based on Nashville Aerial's net income or assets].
Invoices that are not paid when due shall be considered delinquent and shall bear a service charge of one percent (1.5%) per month, or the highest interest rate permitted under applicable law, on the unpaid balance from the due date. CLIENT shall reimburse Nashville Aerial for all collection activities resulting from CLIENT’s failure to remit payments when due, including, but not limited to, collection agency charges and costs and reasonable attorneys’ fees and costs.
CANCELLATION POLICY (non weather-related)If a shoot is cancelled by the CLIENT more than 24 hours before the scheduled call time, there will be no charge. If the CLIENT cancels the shoot with less than 24 hours notice (before call time), CLIENT agrees there will be a 50% of day-rate charge.
WEATHER/RAIN/WIND CANCELLATION POLICYAerial filming is weather dependent and our pilots make the final determination on flight conditions. If a shoot is cancelled by the CLIENT more than 24 hours before the scheduled call time, there will be no charge. If Weather.com forecasts a significant chance of rain (and/or winds exceeding 15mph) 24 hours or less before the scheduled call time of the shoot in the area where the shoot will occur, and the CLIENT has not cancelled shoot, there will be a one-time 50% of day-rate charge.The Pilot-In-Command (PIC) has final say if conditions are safe to fly.
TERMThe term of this Agreement will commence on the date that Nashville Aerial executes this Agreement and will continue in full force and effect until Nashville Aerial completes the services set forth in the Proposal.
USE OF THIRD-PARTY MATERIALS
Nashville Aerial may provide royalty-free stock photography and/or royalty-free stock media such as video or music (collectively, “Third-Party Materials”) for CLIENT’s use in its completed presentation. CLIENT acknowledges and agrees that it is solely responsible for complying with any terms and conditions governing use of such Third-Party Materials, and that Nashville Aerial shall have no responsibility or liability for CLIENT’s use or misuse thereof. CLIENT further acknowledges and agrees that it is solely responsible for payment of all licensing fees, if any, with respect to Third-Party Materials.
DRONE CONTENT ACQUISITION, LICENSES, AND INSURANCENashville Aerial pilots are fully licensed by the FAA, holding the Part 107 certificate and holds a waiver that allows for night flying under FAA Part 107.29. Each of our drones are fully registered with the FAA. We strictly follow FAA rules and strive to keep you, your property, observers, and our staff safe. Safety is always our number one priority. Nashville Aerial is fully insured by Global Aerospace, Inc. Our insurer will name the CLIENT as an additional insured, upon request.
OWNERSHIP OF CONTENT ACQUISITION AND COMPLETED PROJECT FILES
Nashville Aerial agrees that the work product and intellectual property developed for CLIENT as a result of Nashville Aerial’s performance of the presentation design services (except for any Third-Party Materials) (the “Work Product”) are “work made for hire” within the meaning of the United States Copyright Act, as amended. To the extent that any Work Product does not qualify as a “work made for hire,” this Agreement will constitute an irrevocable assignment by Nashville Aerial to CLIENT of the ownership of, and all intellectual property rights in, the Work Product (except for any Third-Party Materials). CLIENT hereby grants Nashville Aerial a worldwide, fully paid-up, royalty-free, perpetual right and license to use the Work Product solely for the promotion of Nashville Aerial’s business and as an example of Nashville Aerial’s work.
All acquired video footage in connection with this project/estimate and all completed projects are the sole property of CLIENT. CLIENT agrees by signing agreement that Nashville Aerial can use completed projects and the CLIENT’s logo for marketing purposes ONLY.