Deaton’s Aerial Photography Service Agreement

1. Definitions

Client The individual or entity hiring Deaton’s Aerial Photography for services.

Operator Deaton’s Aerial Photography (the drone service provider), including its FAA certified remote pilots and staff, also referred to as we or us.

Deliverables The final photos, videos, or other media produced by Deaton’s Aerial Photography and delivered to the client as a result of the services.

Recurring Services Drone photography or videography services scheduled at regular intervals (weekly, biweekly, monthly) under an ongoing arrangement or contract.

2. 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 for a variety of projects and events
• Real estate, event, and commercial shoots (both indoor and outdoor, as applicable)
• Construction site documentation (offered as one time shoots or recurring progress documentation)
• Night photography (conducted with FAA compliant lighting equipment and pilots trained for nighttime operations)
• Light editing of captured media (basic color correction and trimming of footage)

Additional services such as advanced video editing, rush turnaround delivery, or commercial exclusive licensing can be provided upon request and may incur additional fees.

3. Scheduling & Availability

All services are subject to weather conditions, FAA airspace restrictions, and operator availability. It is strongly recommended that clients book services at least 7 days in advance to allow for proper planning, airspace review, and weather monitoring.

Certain special use authorizations or operations in restricted airspace may require 60 to 90 days notice to process and obtain FAA approval. If such authorizations are needed for a project, Deaton’s Aerial Photography will advise the client as early as possible.

Deaton’s Aerial Photography reserves the right to reschedule or delay any flight if required due to safety concerns, unfavorable weather, regulatory restrictions, or other factors beyond our control. We will communicate with the client as soon as possible in such cases to arrange an alternative date or time.

4. Billing, Payment, and Travel Terms

Deposit Requirements
A deposit equal to 25 percent of the total project cost is required to confirm a booking. An invoice will be sent to the client (via Square or another approved payment method) once the service is scheduled.

• The deposit must be paid within 36 hours of invoice delivery to hold the date
• If the scheduled service is within 3 days of booking, the deposit payment is required within 12 hours of invoice delivery
• If the scheduled service is within 18 hours of the scheduled start time, the full deposit is required immediately at the time of booking
• No date is reserved until the deposit is received. Failure to pay within the stated timeframes may result in the date being released to other clients
• The deposit will be applied toward the final project balance

For long distance shoots (over 50 miles one way), a minimum of 50 percent of the total project cost is required in advance and is non refundable unless the client cancels at least 48 hours before the start of travel.

For all jobs requiring overnight lodging or extended travel, a travel retainer covering all estimated travel expenses (lodging, mileage, per diem, rental car, airfare, baggage fees, airport transfers, rideshares, parking fees, travel insurance, and any required equipment shipping) must be paid in full prior to booking.

Final Payment
The remaining balance is due upon completion of editing and prior to release of final deliverables. No photographs, videos, digital files, previews, or high resolution media will be delivered, transferred, published, or made accessible until full payment has been received and cleared. Completion of services does not constitute transfer of deliverables until payment obligations are satisfied in full.

Payment Methods
Accepted payment methods include major credit cards, debit cards, PayPal, or other electronic payment platforms approved by Deaton’s Aerial Photography. Cash or check may be accepted in certain cases with prior agreement. All check payments, including cashier’s checks, must fully clear the issuing bank before any work will begin or deliverables will be released.

Travel & Lodging Requirements

• Mileage billed at the current IRS standard mileage rate, calculated round trip, for jobs over 50 miles
• Jobs over 225 miles one way or exceeding 8 total hours (travel plus work) in a day require overnight accommodations billed to the client
• Air, train, or multi day road travel: arrive at least one day before shoot, depart no earlier than the day after; all travel and buffer days billed to the client
• For multi day travel, departure will ensure arrival at least one day before the shoot

Per Diem $50 per day added for overnight travel meals and incidental expenses.

Rental Vehicles If required, billed to client in addition to mileage.

Equipment Transport Any special shipping or baggage costs billed to client.

5. Cancellation & Rescheduling Policy

Local Jobs (within 50 miles) The deposit is fully refundable if the client cancels or requests to reschedule at least 48 hours prior to the scheduled start time. Cancellations made less than 48 hours before the scheduled start time are non refundable.

Long Distance Jobs (over 50 miles) Cancel or reschedule at least 48 hours before the start of travel. The 50 percent advance payment for these jobs is non refundable if the cancellation occurs within 48 hours of the start of travel.

Extended Travel Jobs Cancel or reschedule at least 48 hours before travel. If travel arrangements have already been booked, the client is responsible for all non refundable travel expenses incurred, in addition to forfeiture of the 50 percent advance payment if canceled within 48 hours of travel.

Rescheduling After Travel Has Begun Treated as cancellation. Client responsible for all travel costs incurred. Rescheduling fee equals total travel cost for next scheduled shoot, including lodging, meals, and transport.

Additional Travel Policies Client responsible for travel insurance (if required), equipment transport, and extended lodging or transport due to delays or changes after travel begins.

Exceptions Refunds or credits only for operator cancellation, unsafe weather, FAA restrictions, or approved emergencies.

6. Property Use & Aerial Access Waiver

Prior to any drone operation, the client (or the property owner or manager) must sign a Property Use and Aerial Access Waiver authorizing drone flight at the specified location. By signing this waiver, the client affirms that they either own the property or have obtained lawful permission from the property owner or authorized agent to allow drone operations at the site.

The client assumes responsibility for securing any site permissions or access permits required for the drone flight location. The client agrees to hold Deaton’s Aerial Photography harmless from any claims, penalties, or damages arising from the client’s failure to obtain proper authorization to operate at the designated location. If the client directs the operator to fly at a location without proper permission, the client will be responsible for any consequences.

7. Client Responsibilities

For each scheduled drone operation, the client agrees to fulfill the following responsibilities to ensure a safe and successful shoot:

Site Access Provide the operator with safe, sufficient access to the location. Any gates, locks, or access codes should be arranged in advance so the crew can reach all necessary areas. The location should be free of unaddressed hazards that could pose a risk to flight (such as unsecured debris at a construction site).

On Site Contact Either be present on site or designate a point of contact person who will be available during the flight. This person should have the authority to address any on site issues and coordinate with the operator if needed.

Informing Personnel & Clearing Area Notify any relevant on site personnel, neighbors, or participants that a drone will be in operation. The client must ensure that no unauthorized persons or moving vehicles enter the immediate flight area during operations.

Pets and Animals Ensure any pets or animals at the location are secured or kept indoors or out of the area during flight.

Consent for Individuals and Properties Obtain appropriate consent or releases for any recognizable individuals who will appear in the footage, as well as permission for any third party property that might be featured. The client is responsible for ensuring they have the rights to include specific people or properties in the final media, especially for commercial use.

Deaton’s Aerial Photography will handle obtaining any necessary FAA airspace authorizations or waivers required for the flight. The client’s cooperation in providing accurate site information and lead time is essential to secure such approvals.

8. Weather, Equipment & Flight Conditions

Drone flights are weather dependent and safety dependent. Services may be delayed, interrupted, or rescheduled on short notice for reasons including rain or precipitation, high winds, lightning, low visibility (fog or heavy haze), extreme temperatures, technical difficulties with equipment, or unexpected FAA flight restrictions (such as Temporary Flight Restrictions). The operator has the ultimate authority to postpone, cancel, or cut short a flight at any time if conditions are deemed unsafe or non compliant with regulations. Any rescheduling due to weather or technical issues will be done in consultation with the client at no additional charge.

9. Recurring Services

If the client arranges for recurring drone services (such as regular weekly or monthly shoots), those services will be conducted according to a written schedule and scope of work agreed upon by both parties. For clarification:

A week in the context of a recurring service means Monday through Sunday.

A month for recurring scheduling purposes is defined as a calendar month starting on the date of the first service. For example, if the first flight is on July 10, the monthly cycle would run through August 9.

Either party may cancel an ongoing recurring service agreement with 30 days written notice to the other (unless a different notice period is specified in a separate contract).

If the client cancels recurring services without the required notice, a cancellation fee equivalent to one scheduled service may apply (if specified in the recurring agreement).

Missed scheduled flights due to inclement weather or the site being inaccessible (through no fault of the client) will be made up at the earliest feasible date at no extra charge. The operator will coordinate a new time with the client to ensure continuity of the project’s documentation.

10. Night Operations

Deaton’s Aerial Photography is authorized to conduct night flights and adheres strictly to FAA regulations (14 CFR 107.29) for nighttime operations. When performing operations after civil twilight:

Our drones are equipped with anti collision lighting visible for at least 3 statute miles and with a flash rate sufficient to avoid collision, as required by the FAA for night flight.

All pilots operating at night have completed FAA compliant night operation training to ensure safety procedures are followed.

The client acknowledges that certain camera angles, altitudes, or flight paths that might be feasible in daylight could be restricted at night due to FAA rules or safety considerations.

If a requested shot cannot be safely or legally executed at night, the operator will discuss alternative solutions with the client.

11. Construction Monitoring

For construction site monitoring and documentation, Deaton’s Aerial Photography will operate under a predefined flight plan or set of instructions agreed with the client or site manager. The purpose of these flights is to visually document progress. The drone operator will not be performing formal inspections or verifying compliance with building codes or safety regulations unless separately arranged.

The client (and or the construction site manager) agrees to:

Safe Site Access Provide safe and legal access to the site for the operator. Any required safety gear or site orientation should be arranged beforehand by the client if needed.

Operational Coordination Coordinate with site personnel to ensure drone operations can be conducted safely. This may include pausing certain activities if requested by the operator for safety.

Clear Flight Path Keep personnel and equipment clear of the drone’s planned flight paths during operation.

Deaton’s Aerial Photography will comply with all site rules provided by the client or site manager. The operator’s presence on site does not imply responsibility for site safety compliance, which remains with site managers and personnel.

12. Media Licensing & Usage Rights

All photographs, video footage, and other media captured by Deaton’s Aerial Photography remain the intellectual property of the operator. Upon full payment for the services, clients are granted a non exclusive, non transferable, royalty free, perpetual license to use the delivered media for the following purposes:

• Internal use (company project documentation and presentations)
• Real estate listings and related marketing (for the specific property captured)
• Promotional materials and marketing for the project or property depicted (including social media, websites, and print materials related to that project or property)

This usage license allows the client to edit or combine the media with other content as needed for the above purposes. However, the client may not resell, re license, give away, or otherwise transfer the media to third parties who are not involved in the project without explicit written permission from Deaton’s Aerial Photography. If the client requires exclusive rights or intends to sell or license the imagery to others, a separate agreement and additional licensing fees must be negotiated in writing.

Portfolio and Promotional Use Deaton’s Aerial Photography reserves the right to use the captured media for its own portfolio and promotional purposes unless the client requests in writing before final delivery that the content remain confidential. Clients may also request removal of media from future promotional use after delivery. We will make reasonable efforts to discontinue use in new marketing materials. Removal from materials already produced, distributed, or published cannot be guaranteed.

The client may provide the delivered media to direct collaborators on the project as long as it does not violate the terms above. The client should ensure any third parties given access also abide by these usage restrictions.

Digital Delivery and File Retention Deliverables are typically provided through secure digital file transfer or cloud storage platforms. Operator retains archived project files for approximately twenty four months from the date of delivery unless otherwise agreed in writing. Client is responsible for downloading and maintaining their own backups of all delivered media. Operator does not guarantee archival storage beyond the stated retention period.

Model and Property Releases If any recognizable individuals appear in the footage, including minors, or if the drone captures identifiable private property not owned or controlled by the client, it is the client’s responsibility to obtain any necessary model releases, parental or guardian consent, or property permissions if the media will be used publicly or commercially. For events conducted at churches, schools, or other organizations, the client represents that appropriate internal permissions or release policies are in place prior to flight operations. Deaton’s Aerial Photography is not responsible for claims arising from the client’s failure to secure releases or permissions.

13. Insurance & Liability

Deaton’s Aerial Photography carries commercial liability insurance for all operations. Coverage includes:

• $1,000,000 General Liability, covering third party bodily injury and property damage
• $5,000 Medical Payments coverage (for immediate medical expenses for any one person, on a no fault basis)
• Proof of insurance can be provided upon request

Hold Harmless The client agrees to hold Deaton’s Aerial Photography harmless for claims arising from unforeseeable events not caused by operator negligence, and for delays due to factors beyond the operator’s control including weather and FAA restrictions.

Limitation of Liability To the fullest extent permitted by law, damages recoverable from the operator are limited to the total amount of fees actually paid by the client. Under no circumstances will Deaton’s Aerial Photography be liable for indirect, incidental, special, or consequential damages.

14. Legal Terms & Conditions

Notices Formal notices may be sent by email and will be deemed received when sent to info@deatonsaerial.com (for Operator) or to the Client’s last provided address. Day of coordination may use 256 266 4991, but email controls for legal notice.

Entire Agreement; Incorporation (As Applicable) The parties agree that the Service Agreement v1.3, any applicable estimate, statement of work or order confirmation, and the Extended Terms Addendum v1.3 together form the agreement for the project. Ancillary forms (Property Use and Aerial Access Waiver, Media Release) are used only as applicable. The agreement remains binding even if a particular ancillary form is not required or executed.

Governing Law This agreement shall be governed by and interpreted in accordance with the laws of the State of Alabama. Any legal action that cannot be resolved through negotiation shall be brought in the state courts of Cherokee County, Alabama unless the parties mutually agree otherwise.

Force Majeure Deaton’s Aerial Photography is not liable for delays caused by circumstances beyond its reasonable control including weather, disasters, acts of God, civil disturbances, government regulations, power failures, equipment malfunctions, or sudden FAA imposed restrictions. The parties will work in good faith to reschedule or mitigate impact.

Regulatory Compliance The client acknowledges that Deaton’s Aerial Photography will operate in strict compliance with FAA Part 107 regulations and applicable laws. Illegal or non compliant requests will be refused. If the client persists, the operator may cancel the project and deposits or fees paid may be forfeited to cover time and expenses.

Severability If any provision is found invalid or unenforceable, the remainder of the agreement remains in full effect.

Modification of Agreement Changes must be made in writing and acknowledged by both parties. Email may be used for minor adjustments. Major changes may require a formal revised agreement or addendum.

Acknowledgment By booking a service or submitting the required deposit, the client acknowledges that they have read and agree to all terms outlined in this Service Agreement. This agreement is considered accepted and binding once the deposit is paid.

15. On Site Authority & Venue Policies

To keep operations smooth and compliant without burdening clients, the following apply in addition to Sections 6 to 8 and 14:

On Site Authority Contact Client will designate an on site authority contact (name, role or title, and mobile) empowered to approve flight locations and timing, clear immediate areas, and liaise with property or security.

Representation of Authority Client represents they are the owner of the site or have authority from the owner or manager to permit operations. Operator is entitled to rely on this representation without independent verification unless clear contrary information exists.

Venue, HOA, Property Policies Client confirms either no posted restrictions apply or permission has been granted. Upon request, client will provide an approval contact and reference.

Definition of Posted Restrictions Written site rules, signage, leases or permits, or policy communications from the property or venue that prohibit or limit photography or drone use.

16. Authority Challenge Protocol (Pause and Call)

If permission to operate is questioned by any third party on site, the following protocol applies:

Operator may land and pause operations to de escalate and maintain safety. The pilot in command safety and compliance decisions are final.

Client and or the On Site Authority Contact will promptly engage with the challenger to address authorization directly.

Hold Window The first 30 minutes after pausing operations is a courtesy hold to resolve authorization.

Standby Charges After 30 Minutes Standby beyond the 30 minute hold is billable in 15 minute increments at $25 per 15 minutes.

Unresolved Challenges If authorization is not resolved within the hold window, the session will be suspended and rescheduled. Costs and rescheduling are handled under Section 4 and Section 5.

Operator is not required to debate authorization on site or continue operations while authority is disputed.

Website Publication & Acceptance

This Service Agreement is published on the official website of Deaton’s Aerial Photography for transparency and client reference. Clients are still required to sign the Service Agreement prior to service when applicable. However, by booking services, submitting payment, or remitting a deposit, the Client acknowledges that they have had the opportunity to review these terms and agree to be bound by them.

Questions or Clarifications

For any questions, clarifications, or concerns regarding this agreement or the services to be provided, please contact us:

Email info@deatonsaerial.com
Cell 256 266 4991