1. Briefs, Quotations and Photographic Materials Supplied: Written quotations are valid for 30 days and will be supplied for all Mast, Balloon and Helicopter photographic assignments on receipt of a clear written brief from the Client. Briefs are required to ensure that photographic objectives are well defined and clear to both the Client and Highviz. In addition to the aerial photography, the amount quoted will be inclusive of all preparatory work, provision of any written documentation or permission required (eg permission to fly the balloon by the Civil Aviation Authority, Police and relevant landowners), travel, accommodation (where necessary) and delivery of proof and/or finished material. The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which full personal reproduction rights will be granted. A series of related assignments will be treated as a set of individual contracts. If a site survey is needed prior to the quotation this will be agreed in advance and may be invoiced separately. Photographic material will normally be supplied as unmounted colour prints, or digital JPG files on a CD with printed 'thumbnails' of corresponding images and selected 10-inch proof prints. Whilst we will endeavour to provide an accurate rendition of the subject(s), we cannot guarantee to match the colour perceived by the human eye. Reprints and enlargements etc can be supplied promptly on request. Reorder requests should include Image Reference Numbers and are required in writing. Finished photographic materials are normally dispatched to the client within 5 - 10 working days from completion of the location work.
2. Commissioning Forms, Confirmations, Deposits, Payment and Cancellations: A completed Commissioning Form with a deposit of 30% of the net quoted fee is required to confirm an order. The balance is due within 14 days of the invoice date (which will be the date when finished materials are dispatched). Highviz reserves the right to add 5% per month to overdue or partly overdue accounts. Highviz retains all rights in material supplied until payment is received in full. Notice of cancellation by the Client must be received in writing at least 14 days prior to any planned assignment date to avoid a possible loss of deposit. Prior to a deposit being paid, a cancellation may incur an administrative charge to recover expenses if any preparatory work has been undertaken on behalf of the Client.
3. Permission to conduct aerial photography In the case of Balloon or Helicopter photography, approval from and liaison with the Civil Aviation Authority, local Police, other authorities and relevant landowners, when needed, will be undertaken by Highviz. It should be noted that in many situations the CAA require up to 28 days written notice of intention to fly. This is usually granted but certain height and/or other conditions may be applied. When operating 5 kilometres or more from Controlled Airspace, captive balloon flights up to 60 metres can be made without CAA permission. Urgent work can, therefore, be carried out at short notice. Mast photography may require Police, local Authority and Parking Enforcement permission if it is necessary to operate in a public place. All work is subject to obtaining suitable permitted and legal access from which to safely operate the vehicle and aerial equipment.
4. Reproduction rights, Moral rights and Copyright (Copyright, Designs and Patents Act, 1998) Full personal reproduction rights of the commissioned material supplied passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses stated on the quotation and Commissioning Form. 'Marketing' use excludes use for merchandising, for which an additional fee may need to be negotiated. Legal use of the images by any third party, not directly on the Client's behalf, will only be granted following written permission from Highviz. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (ie Highviz Aerial Photography), commissioned or otherwise, is suitably credited whenever the image is published or displayed. Highviz retains copyright of all photographic images supplied and reserves the right to use any of the images for photographic library and other uses.
5. Limitation of Liability - Weather, Force Majeure, Act of God and other Constraints As with any location photography, a successful assignment is dependent upon suitable weather conditions and for them to be forecast accurately. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, there will be no additional charge to the Client for a return visit to complete the work. Highviz will always endeavour to complete its assignments by any proposed completion dates. However, due to weather and other constraints, Highviz cannot guarantee completion by any specific dates. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any other consequences involving the timing of the commission. The completion of work is subject to alteration and cancellation due to any causes beyond our control. Certain specific shots included in the brief and quoted to be undertaken, may not be possible on the day for various operational reasons. In this situation, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract. In any event, the liability of Highviz will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.These Terms and Conditions are subject to change without notice.