Deaton’s Aerial Photography — Service Agreement
Effective Date: July 6, 2025
Business Name: Deaton’s Aerial Photography
Website: www.DeatonsAerial.com
Email: Info@DeatonsAerial.com
Phone: (256) 266-4991
1. Scope of Services
Deaton’s Aerial Photography provides FAA Part 107-compliant drone photography and videography services, including but not limited to:
Aerial imagery and video capture
Real estate, event, and commercial shoots
Construction site documentation (one-time or recurring)
Night photography (with FAA-compliant equipment and trained pilots)
Light editing (basic color correction and trimming)
Additional services such as advanced editing, rush delivery, or commercial licensing are available upon request.
2. Scheduling & Availability
All services are subject to weather conditions, FAA airspace restrictions, and operator availability. Bookings must be made in advance. It is strongly recommended that clients book at least 7 days in advance to allow for proper planning, airspace review, and weather monitoring. Certain special use authorizations or restricted airspace waivers through the FAA may require 60 to 90 days' notice to process and obtain approval. Deaton’s Aerial Photography reserves the right to reschedule any flight due to safety concerns, regulatory limitations, or unforeseen events.
3. Billing & Payment Terms
A deposit equal to 25% of the total project cost is required to confirm all bookings. An invoice will be sent to the client via Square or another approved method following booking confirmation. The deposit must be paid within 48 hours of invoice issuance; however, if the scheduled session is within 3 days of booking, payment is required within 12 hours. Otherwise, the date will not be reserved and may be released to other clients. This deposit secures the scheduled date and is applied to the final balance. This deposit secures the scheduled date and is applied to the final balance.
The deposit is fully refundable if the client cancels or reschedules at least 48 hours prior to the scheduled appointment.
For cancellations made less than 48 hours in advance, the deposit becomes non-refundable, except in the case of:
Weather-related delays
FAA restrictions
Emergencies approved by Deaton’s Aerial Photography
If mutually agreeable rescheduling between the client and operator is not possible
Or if the operator cancels due to reasons on our end (e.g., staffing issues, technical failure, or internal conflict) — in which case the deposit will be returned in full
The remaining balance is due upon delivery of final media, unless otherwise agreed in writing.
For recurring services, invoices will be issued per the agreed-upon schedule (e.g., weekly or monthly), with payment due within 10 calendar days of the invoice date.
Non-Payment Terms:
Accounts unpaid after 10 days may result in service suspension.
Balances more than 30 days overdue will incur a one-time $25 late fee. If unpaid beyond 60 days, services may be canceled and the account referred to collections., cancellation of services, and/or referral to collections.
Deaton’s Aerial Photography reserves the right to withhold access to media or deliverables until the account is in good standing.
Accepted payment methods include credit/debit card, PayPal, and approved alternatives.
The client is responsible for any additional fees incurred as a result of:
Required permits, special use authorizations, or location access charges
Last-minute rescheduling at the client's request
Requests for additional editing or deliverables outside the original scope
4. Property Use & Aerial Access Waiver
Prior to any drone operation, the client or property manager must sign a Property Use and Aerial Access Waiver authorizing flight at the specified location.
The client affirms they are the property owner or have secured permission from the legal owner or authorized agent.
5. Client Responsibilities
The client agrees to:
Ensure the site is accessible and safe for drone operation
Notify any on-site personnel about drone activity
Obtain appropriate consent for any recognizable individuals or third-party properties appearing in footage
Deaton’s Aerial Photography is responsible for obtaining any necessary FAA airspace authorizations.
6. Weather, Equipment & Flight Conditions
Flights may be delayed or rescheduled due to rain, high winds, low visibility, FAA flight restrictions, or technical issues. The operator reserves the right to postpone or cancel a flight at any time for safety reasons.
7. Recurring Services
Recurring flights (weekly, biweekly, monthly) will follow a written schedule and scope.
A “week” is defined as Monday through Sunday
A “month” begins on the calendar date of the first scheduled service (e.g., July 10 to August 9)
Either party may cancel recurring services with 30 days’ written notice, unless otherwise agreed.
Missed flights due to weather or site inaccessibility will be rescheduled at no extra charge.
8. Night Operations
Deaton’s Aerial Photography conducts night flights in full compliance with FAA 14 CFR §107.29, including:
Anti-collision lighting visible for 3 statute miles
Certified night flight training for pilots
Client acknowledges that certain flight paths or shots may not be permitted due to FAA limitations or safety concerns.
9. Construction Monitoring
Drone services for construction documentation follow a predefined operational plan. The operator is not responsible for inspection, code compliance, or visible safety issues in the footage.
Client agrees to:
Provide safe and legal access to the site
Coordinate with personnel to ensure safe drone operation
Keep personnel and machinery clear of flight paths
10. Media Licensing & Usage Rights
All media captured remains the intellectual property of Deaton’s Aerial Photography.
Clients are granted a non-exclusive, royalty-free, perpetual license to use the media for:
Internal use
Real estate listings
Project/property marketing
Clients may not resell, relicense, or transfer the media without written permission. Exclusive or resale licenses must be arranged in writing.
Deaton’s Aerial Photography reserves the right to use captured content for its own promotional purposes unless the client requests otherwise in writing prior to delivery.
Clients may share media with brokers, contractors, or agencies directly involved in the project, as long as it does not violate the licensing terms.
11. Insurance & Liability
Deaton’s Aerial Photography carries:
$1,000,000 general liability insurance
$5,000 in medical expense coverage
Proof of insurance is available upon request.
The client agrees to hold Deaton’s Aerial Photography harmless from:
Property damage due to unforeseen hazards
Injuries not caused by operator negligence
Delays caused by weather, FAA regulations, or force majeure events
Each party is responsible for their own conduct, equipment, and liabilities.
12. Legal Terms & Conditions
Governing Law: This agreement shall be governed by the laws of the State of Alabama. Legal disputes will be handled in Cherokee County, Alabama, unless otherwise agreed.
Force Majeure: The operator is not liable for delays or failure to perform caused by circumstances beyond reasonable control, including but not limited to weather, FAA restrictions, power outages, or equipment failure.
Severability: If any clause of this agreement is found to be unenforceable, the remaining terms shall remain in effect.
Modification of Agreement: Any changes must be made in writing and agreed upon by both parties. Email confirmation is acceptable for minor adjustments such as rescheduling.
Acknowledgment: By booking services or submitting a deposit, the client acknowledges and agrees to all terms in this agreement.
Additional Fees: The client agrees to be responsible for any additional costs incurred as a result of their requests, delays, or required authorizations not initially included in the project scope.
📩 Questions or Clarifications
For assistance or clarification, please contact:
📧 Info@DeatonsAerial.com
📞 (256) 266-4991