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
Cell: 256-266-4991
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/videography services scheduled at regular intervals (e.g., 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
Version 1.1 — — Effective August 11, 2025
Deposit Requirements:
A deposit equal to 25% 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 48 hours of invoice issuance to hold the date. If the scheduled service is within 3 days of booking, the deposit payment is required within 12 hours. No date is reserved until the deposit is received; failure to pay within the above 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% 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.
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 $0.70/mile round trip for jobs over 50 miles.
Jobs over 225 miles one way or exceeding 8 total hours (travel + work) in a day require overnight accommodations billed to the client.
Air/train/multi-day road travel: arrive at least one day before shoot, depart no earlier than the day after; all travel/buffer days billed to the client.
For multi-day travel, departure will ensure arrival at least one day before the shoot.
Per Diem:
$50/day added for overnight travel meals/incidental expenses.
Rental Vehicles:
If required, billed to client in addition to mileage.
Equipment Transport:
Any special shipping/baggage costs billed to client.
5. Cancellation & Rescheduling Policy
Version 1.1 — — Effective August 11, 2025
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/reschedule at least 48 hours before the start of travel. The 50% advance payment for these jobs is non-refundable if the cancellation occurs within 48 hours of the start of travel.
Extended Travel Jobs: Cancel/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% 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/transport due to delays or changes after travel begins.
Exceptions: Refunds/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/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. (In other words, 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 (e.g. 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. (For example, if filming an event or jobsite, roping off or actively monitoring the takeoff/landing area is recommended.)
Pets and Animals: Ensure any pets or animals at the location are secured or kept indoors/out of the area during flight for their safety and to avoid distracting the drone.
Consent for Individuals/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 (e.g. neighboring buildings, trademarked signage) that might be featured. (While aerial shots taken from public navigable airspace are generally lawful, 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 any of the following reasons: 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. This is to protect people, property, and the equipment. 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 (such as heightened situational awareness and aircraft orientation management) 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. Deaton’s Aerial Photography will use its best judgment and regulatory guidance to determine what nighttime shots are possible. 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. (In other words, the operator will capture imagery, but analysis of that imagery for any defects or compliance issues is beyond the scope 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 (hard hats, vests, etc.) or site orientation for the operator should be arranged beforehand by the client if needed.
Operational Coordination: Coordinate with site personnel to ensure that drone operations can be conducted safely. This may include pausing certain activities (e.g., temporarily halting crane or heavy machinery movement during the drone flight) if requested by the operator for safety.
Clear Flight Path: Keep all personnel and equipment clear of the drone’s planned flight paths during operation. Workers should be made aware a drone is flying overhead so they are not alarmed and do not inadvertently interfere with the flight.
Deaton’s Aerial Photography will comply with all site rules provided by the client or site manager (such as checking in with security, attending safety briefings, etc.). However, the operator’s presence on site does not imply responsibility for site safety compliance—that remains with the site’s 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 (e.g. company project documentation, 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/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/license the imagery to others, a separate agreement (and additional licensing fees) must be negotiated in writing.
Deaton’s Aerial Photography reserves the right to use the captured media for its own portfolio and promotional purposes (such as on our website, social media, or marketing brochures), unless the client requests in writing, before final delivery, that the content remain confidential. We respect such requests and can refrain from using the footage commercially if agreed.
The client may provide the delivered media to their direct collaborators on the project (for example, a realtor may share photos with the homeowner or the listing agency; a developer may share footage with contractors or architects involved). Such sharing is permitted as long as it does not violate the terms of use above (e.g., no selling the photos to a third-party or using them for an unrelated project). The client should ensure any third parties given access also abide by these usage restrictions.
Model/Property Releases: If any recognizable individuals appear in the footage, 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 or property releases if the media will be used publicly or commercially. Deaton’s Aerial Photography is not responsible for any claims or legal issues arising from the client’s failure to secure appropriate releases or permissions for the use of the imagery. (We recommend obtaining written consent especially if people’s faces are visible in marketing materials.)
13. Insurance & Liability
Deaton’s Aerial Photography carries commercial liability insurance for all operations. Our coverage includes:
$1,000,000 General Liability, covering third-party bodily injury and property damage in the event of an accident.
$5,000 Medical Payments coverage (for immediate medical expenses for any one person, on a no-fault basis).
Proof of insurance can be provided to the client upon request. This insurance is in place to protect both the operator and the client in the unlikely event of damage or injury. However, to the extent allowed by law, the following limitations and responsibilities apply:
Hold Harmless: The client agrees to hold Deaton’s Aerial Photography (and its agents and employees) harmless and not legally liable for any claims, damages, or losses arising from:
Unforeseeable property damage or injury not caused by operator negligence. (For example, damage caused by sudden, unpredictable events like birds or wildlife striking the drone, or a sudden equipment failure that was beyond the operator’s control, assuming the operator was following all required procedures.)
Operational delays or failures due to factors beyond the operator’s control, including but not limited to weather delays, sudden FAA flight restrictions, temporary no-fly zones, or other force majeure events (acts of God, power outages, etc.).
Each party (the client and the operator) is responsible for its own conduct and equipment. This agreement does not protect either party from the consequences of their own negligence or willful misconduct. In other words, Deaton’s Aerial Photography remains liable for damages resulting from our negligence, and likewise the client is responsible for their own actions or safety conditions that are under their control.
Limitation of Liability: To the fullest extent permitted by law, in any event where Deaton’s Aerial Photography is found liable to the client, the maximum amount of damages recoverable from the operator shall be limited to the total amount of fees actually paid by the client for the services under this agreement. Under no circumstances will Deaton’s Aerial Photography be liable for any indirect, incidental, special, or consequential damages (such as lost profits, lost opportunities, or third-party claims against the client) arising from the services provided or the media delivered.
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 operational coordination may use 256-266-4991, but email controls for legal notice.
Entire Agreement; Incorporation (As Applicable): The parties agree that the Service Agreement v1.1, any applicable estimate, statement of work or order confirmation, and the Extended Terms Addendum v1.1 together form the agreement for the project. Ancillary forms (e.g., Property Use & Aerial Access Waiver; Media Release) are used only as applicable to the project; 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 or proceeding arising out of this agreement that cannot be resolved through negotiation shall be brought in the state courts of Cherokee County, Alabama (unless the parties mutually agree to an alternative jurisdiction).
Force Majeure: Deaton’s Aerial Photography is not liable for any failure to perform or delays in performance caused by circumstances beyond its reasonable control. This includes (but is not limited to) inclement weather, natural disasters, acts of God, war, terrorism, civil disturbances, government regulations, power failures, equipment malfunctions, or sudden FAA-imposed restrictions. If a force majeure event occurs that impacts the scheduled services, the operator will promptly inform the client and both parties will work in good faith to reschedule or otherwise mitigate the impact.
Regulatory Compliance: The client acknowledges that Deaton’s Aerial Photography will operate in strict compliance with all FAA Part 107 regulations and applicable laws. The operator will not conduct any flight operation that would violate these rules – for example, flying over uninvolved people or moving vehicles without a waiver, flying beyond visual line of sight, or flying in restricted airspace without proper authorization. The client agrees not to request any operation that is illegal or non-compliant. Any client request for an illegal flight will be refused, and if the client persists in demanding such an operation, Deaton’s Aerial Photography reserves the right to cancel the project. In the event of a cancellation due to an illegal request, any deposit or fees paid may be forfeited to cover the operator’s time and expenses.
Severability: If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable (if possible), and the remainder of this agreement shall remain in full effect. The invalidity of any one part of this contract will not invalidate the whole.
Modification of Agreement: Any changes or modifications to this Service Agreement must be made in writing and acknowledged by both parties. This can include email correspondence for minor adjustments (such as rescheduling a date or adding a small extra service), which will be considered an amendment to this agreement once both parties concur in writing. Major changes affecting scope, timing, or price may require a formal revised agreement or addendum to be signed.
Acknowledgment: By booking a service with Deaton’s Aerial Photography or by submitting the required deposit, the client acknowledges that they have read and agree to all the terms and conditions outlined in this Service Agreement. This agreement is considered accepted and binding once the deposit is paid (or, in the case of a signed contract, upon signature by both parties), and it will govern the relationship between the client and Deaton’s Aerial Photography for the booked services.
15. On‑Site Authority & Venue Policies
To keep operations smooth and compliant without burdening clients, the following apply in addition to Sections 6–8 and 14:
• On‑Site Authority Contact: Client will designate an on‑site authority contact (name, role/title, and mobile) empowered to approve flight locations/timing, clear immediate areas, and liaise with property/security.
• Representation of Authority: Client represents they are the owner of the site or have authority from the owner/manager to permit drone operations. Operator is entitled to rely on this representation without independent verification. If a venue/HOA/permit policy requires documentation, Client will supply it. Operator has no duty to verify Client’s authority absent clear contrary information (e.g., official notice from ownership/management).
• Venue/HOA/Property Policies: Client confirms either (i) no posted restrictions apply, or (ii) permission has been granted for the scheduled operations. Upon request, Client will provide an approval contact and any reference (email/date/policy/permit number).
• Definition of “Posted Restrictions”: written site rules, signage, leases/permits, or policy communications from the property/venue that prohibit or limit photography or drone use.
16. Authority Challenge Protocol (Pause‑and‑Call)
• Unresolved Challenges: If authorization is not resolved within the hold window, the session will be suspended and rescheduled; costs and rescheduling are handled under §4–5.
• Standby Charges After 30 Minutes: Standby beyond the 30‑minute hold is billable in 15‑minute increments at $25 per 15 minutes (equivalent to $100/hour).
• Hold Window: If a permission challenge arises, the first 30 minutes after pausing operations is a courtesy hold to resolve authorization.
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 PIC’s safety and compliance decisions are final.
• Client and/or the On‑Site Authority Contact will promptly engage with the challenger (e.g., property manager/security) to address authorization directly.
• If the issue is not resolved promptly, the parties will reschedule. Any costs or rescheduling will be handled per Section 5 (Cancellation & Rescheduling Policy).
• Operator is not required to debate authorization on site or continue operations while authority is disputed.
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
Client Acknowledgment & Signature
By signing below, the Client acknowledges that they have read, understood, and agree to all terms and conditions outlined in this Service Agreement. The Client also agrees that an electronic or digital signature is as legally binding as an original ink signature.
Client Name: ______________________________
Client Signature: ___________________________
Date: _____________
Authority Scope: ______________________________ (e.g., approve flight areas/times, clear immediate area)
Mobile (day‑of): ______________________________
Name & Role/Title: _____________________________
On‑Site Authority Contact (if different from Client)
Operator Signature (Deaton’s Aerial Photography): ________________________
Date: _____________
(Operator’s signature is pre-signed; this agreement will become effective on the date of the Client’s signature above.)