Acceptance Policy: When a client schedules a photo shoot with Open Skies Digital that is an automatic acceptance of our Terms and Conditions. It is the clients responsibility to read through these terms in their entirety.
Scheduling Policy: When scheduling a shoot with Open Skies Digital, we will not put your property in the schedule until a property address is received and when applicable 50% payment is made upfront. Tentative scheduling can be made without an address or upfront payment but will not guarantee your spot. Waivers and authorizations may be required due to FAA airspace restrictions and could delay or require the need to reschedule a photo shoot.
Travel Policy: The location of the photoshoot may be subject to additional travel fee’s based on distance. Please contact us for more information.
Home Preparation Policy: When we schedule a shoot with you, we base the amount of time it will take off the requested services (aerial photos, ground/interior photos, video, etc). If we are scheduled to shoot a home for an hour, based on the requested service, we will shoot for that allotted time. We expect the property to be photo ready, cleaned and staged (if applicable), prior to the time you set your appointment for. We will shoot the home as is unless instructed otherwise but cannot wait for a portion of the property to be cleaned or reorganized. The photographer will not be responsible for making beds, moving furniture or personal items, or any sort of cleaning inside or outside the house. If after the completed shoot the client determines a reshoot is required because of the properties lack of readiness, that second shoot will be billed at our full rate. If the photographer is kept waiting or asked to return to bring the property to a state of readiness, additional charges will apply as outlined in our cancellation policy. Should requests or changes be made that effect the required time, additional fees may apply. Click here for a Home Prep List.
On Site Authorized Representative: The client is responsible for the presence of an authorized representative at the shoot to approve and/or direct Open Skies Drone Services’ interpretation of the project. If a Client or Brokerage representative is not present and no written directions are given, in all cases the photographer’s interpretation shall be deemed acceptable and final.
Cancellation Policy: If a shoot is postponed by the client with less than 24 hours notice, we will access a $99 fee in addition to the shoot fees. If we arrive at the location and we must wait longer than 15 minutes after the set time for it to be prepared (or to be let into the property), we add a 25% fee; if we must wait an hour, 50%; two hours or longer, or if the shoot is entirely cancelled, a 100% fee will be assessed. We reserve the exclusive right to kill the shoot to ensure it doesn’t effect the rest of our schedule. Late or cancel/kill fees must be paid in full before new date will be scheduled.
Rescheduling and Weather: If the weather is inclement or there are temporary flight restrictions (for aerial work), the photographer will continue with all indoor shooting, and reschedule exteriors. There is no penalty for weather or TFR delays.
All outdoor services performed are weather dependent. If there is inclement weather (rain, high winds, low visibility) the scheduled date may need to be postponed, as determined by Open Skies Digital, for safety reasons. This would further include, but not be limited to, fire, flood, riot, or civil disobedience that bring about circumstances that are outside the scope of safe operation of all flights scheduled and equipment to be used. Furthermore, Open Skies Digital cannot be held liable for the inability to execute the aforementioned services due to last minute changes in venue, site, circumstance, or local approval. Open Skies Digital’s liability in case of an equipment failure or unanticipated occurrences that prevent the completion of services is limited to a good faith attempt to reschedule the project, or failing that, a refund of monies previously paid by the client.
Additional Charges: Please note that we may need to apply additional charges that are not included in our base quote. These additional costs may not be known to us to accurately apply until after the actual shoot. These additional fees may include travel fees, multiple trip fees, twilight fees, same day photo delivery, excessive clean-up or staging for the home or excessive waiting for the property to be photo ready. Prices are subject to change.
Photo Delivery: Photos will be delivered within 2 business days of the completed shoot. We do accommodate rush orders and weekend shoots. Please contact us for availability and pricing. Electronic delivery is provided via DropBox and sent to the email address(es) you provide. All images will be delivered as JPG images 2000 x 1333; additional sizes & crops available on request. We do not deliver RAW images. Images will be available for download for a maximum of 30 days; requests for downloads after 30 days may incur additional costs, or may not be available at all. PLEASE SAVE YOUR IMAGES AFTER DELIVERY. This delivery and notice via email shall be deemed completion of this contract in full by Open Skies Digital.
Video Delivery: Edited videos for real estate listings will be delivered within 5 business days of the completed shoot. Other video needs may be delivered in the same time frame but will be assessed on a project by project basis. We do accommodate rush orders and weekend shoots for an additional fee. Please contact us for availability and pricing. Electronic delivery is provided via a Vimeo link and sent to the email address(es) you provide. All videos will be delivered as a link and/or embed code for easy sharing. If unedited footage is delivered, we retain the rights to use the footage for promotional purposes. Video clips will be available for 12 months; requests for additional video hosting time may incur additional costs, or may not be available at all. The delivery of this link and/or embed code and notice via email shall be deemed completion of this contract in full by Open Skies Digital.
3D Virtual Tour Delivery: Matterport virtual tours will be delivered by the next business day after the shoot is completed. A link (and embed code if requested) will be provided to share the virtual tour. Monthly hosting will be charged on top of the cost to create the tour and the tour will be active for as long as the hosting is paid by client. If hosting is not paid as of the first of the month, then Open Skies Digital reserves the right to deactivate the virtual tour immediately.
Delivery of Other Items: 2D maps, 3D models and all other items will be delivered with a link to access the files, unless otherwise specified in writing. While we take precautions to safely and securely deliver these items, please be mindful of who you share these links with. Additionally, we utilize third party cloud services and software to assist in the processing and timely delivery of your items. You acknowledge, understand and accept the potential risk of these third party services that will be used to provide you the best possible experience and service when working with Open Skies Digital.
Advertisement Policy: We reserve the right to leave advertisements and contact information at any contracted job. Additionally, we reserve the right to use any media obtained at a property by Open Skies Digital in any of our electronic or print advertisements for promotional purposes.
Copyright Notice: Open Skies Digital is the sole copyright owner of all content we shoot and create (photos, video, virtual tours and all other deliverables). When you hire us, you are purchasing a license to use our content for limited use and time and the license does not become active until payment is made in full. Our content is not to be edited, adjusted or watermarked by anyone without our written consent. If you need changes or additional services, please contact us directly so we can assist you and let you know what’s possible. You can always expand your use or license of our content, just let us know exactly what your needs are and we can quote you the cost of expanded use. The copyright of any content is NOT transferable to any other party unless a specified written agreement is made. Licensing may be obtained for various applications, please contact us for more details. Complimentary photos (if provided) are delivered with a watermark and licensing is treated in the same manner as paid work. A copy without a watermark can be provided in exchange for payment of services rendered. The content produced by Open Skies Digital on behalf of our clients is never work for hire. All deliverables are licensed for one year of use, and must be relicensed for continued use, unless otherwise stated in writing. Licensing is non-transferable and only provided to the original client of Open Skies Digital. Use by any other party, requires written consent by Open Skies Digital along with an addtional licensing fee. Open Skies Digital retains the right to use all content created for self promotion, even if a client purchases the full rights to the deliverables.
Photo / Video / Virtual Tour Rights and Usage for Realtors: The original agent who paid for the services (purchaser) has permission to use any media obtained on any electronic or printed form of advertisement for the promotion and sale of that property while they themselves maintain the listing. This license does not become active until payment is made in full and use without payment will be treated as copyright infringement (see Litigation paragraph below). When an agent schedules a photo/video/virtual tour shoot, they are confirming that the homeowner is aware and is providing an implied property release for the photos, video and virtual tour to be taken and used by Open Skies Digital. Images, video and virtual tour may not be used to promote the agent or broker, or on their website other than to show the property for sale. Usage of photos, video or virtual tour for personal marketing purposes requires written consent by Open Skies Digital with the stipulation that production credit is given to Open Skies Digital. This includes the need to use (tastefully) watermarked images which will be provided by Open Skies Digital upon approval. This license is non-transferable and media cannot be sold to another agent to use on an expired or withdrawn listing without written consent and a licensing fee. Failure to pay for the images, video or virtual tour will result in a copyright infringement/violation. You will be asked to remove the images, video or virtual tour from any electronic or printed form of advertisement. Failure to stop using them may result in legal action. These terms also apply to any free or discounted services, if offered.
Photo / Video/ Virtual Tour Rights and Usage for Builders, Stagers, Designers, Home Owners, and others: Builders, stagers, designers and others who wish to use images, video or virtual tours taken by our photographer or videographer for marketing or commercial use created for a different purpose (ie. a real estate listing) should contact us for specific licensing information.
Photo / Video / Virtual Tour Rights and Usage for Businesses Using Our Services for Marketing Content: Any business that uses our services to specifically create marketing content for their business has a license to use the media for the purpose of marketing their business during the life of the business. This includes use on their website, social media, email marketing, print material, advertising, etc. This license is not transferrable to other businesses for any purpose. If a customer wants to resell the content in any manner or use it to promote an unrelated extension of the business (ie, film/documentary, TV/web series, merchandising, etc), written consent is required and potential additional fees may apply. Please contact us for more details.
Data Derived from Our Deliverables: All data and calculations resulting from photos, 2D maps and 3D models we provide are estimations and only intended for general informational purposes. We do not represent or provide survey caliber data with our standard services and pricing. If you need data with survey grade accuracy, please let us know in advance and we can assist you with your specific needs.
Payment Policy: When a photographer from Open Skies Digital arrives and photographs any project for a client that is an automatic acceptance of our Terms and Conditions. Sales tax, when applicable, will be included on the invoice per the requirements of the Utah Tax Commission. Invoices are due on receipt and will incur a charge after ten business days without payment. The charge will be 5% of the total accrued invoice amount and will be added to the invoice every day it goes unpaid beyond ten business days. Upon full payment, all images delivered to the client may be used for any and all marketing materials and campaigns associated with the property and for the client’s self-promotion for the duration of the listing, or for one year from delivery date whichever is shorter.
Litigation: Open Skies Digital, LLC reserves the right to litigation in the event of non-payment of completed work or copyright infringement. We agree that any litigation between us shall be construed according to the laws of the State of Utah, and jurisdiction and venue of any legal action between Open Skies Digital, LLC and the client shall be in the state of Utah. In the event of litigation concerning these terms, the client shall be responsible for the resulting attorney’s fees, court costs, expenses, and any other costs or expenses incurred.
Customer Satisfaction: If you are not satisfied with your deliverables, your first remedy is to let Open Skies Digital know the specific reasons, and allow Open Skies Digital to make the appropriate corrections. This may include a re-edit or reshoot, at Open Skies Digital’s discretion. If the property is reshot, you agree to make the property available in a timely manner.
If Open Skies Digital still cannot produce images to your satisfaction, your sole remedy is to be refunded up to half of the total price paid for the services rendered, which will allow for continued use of the content. In the event of a full refund, the client must stop using the content immediately and is not permitted to use the content for any purpose. Any deposit is non-refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, Open Skies Digital will return any money given up to that point but claims no further liability.
Failure to Perform: If Open Skies Digital cannot perform an agreed upon service in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to the photographer’s illness or injury, then Open Skies Digital will return all fees to the client(s) but shall have no further liability with respect to any agreement, oral or written. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
Waiver and Indemnification: The client and it’s agent’s, family members and assignee’s, if any, shall indemnify and hold harmless, the photographer, Open Skies Digital, LLC or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents against any claims for damages, including reasonable attorney’s fees, arising out of the performance of any of the services performed or the client’s use of the photographs or video and the photographer’s or Open Skies Digital’s use of material or instructions of the client.
Furthermore, Open Skies Digital is released from any liability for damages or injuries caused by non-compliance of the client, or others, to safety or operational instructions from a drone operator/photographer on behalf of Open Skies Digital.
Upon hiring Open Skies Digital, LLC, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.
Website Use: You agree that your use of this Website is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to this Website by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this Website. The materials contained on this Website are provided by Open Skies Digital, LLC as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for information purposes only. You acknowledge that you are using this Website at your own risk.
Open Skies Digital, LLC assumes no responsibility for error or omissions in these materials. Open Skies Digital, LLC makes no commitment to update the information contained herein. Open Skies Digital, LLC makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding Open Skies Digital, LLC’s Website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Website, or that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Open Skies Digital, LLC or any other party on this Website shall create any warranty or liability. Under no circumstances shall Open Skies Digital, LLC or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on this Website.
All materials published on this Website are owned by Open Skies Digital, LLC and protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Open Skies Digital, LLC or, in the case of content licensed by Open Skies Digital, LLC from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this Website for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material.