Buzzard Films Terms of Service
By accessing the website at http://www.buzzardfilms.co.uk, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use Licence
a. Permission is granted to temporarily download one copy of the materials (information or software) on Buzzard Films' website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Buzzard Films' website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Buzzard Films at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Buzzard Films' website are provided on an 'as is' basis. Buzzard Films makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Buzzard Films does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Terms And Conditions
AERIAL FILMING TERMS AND CONDITIONS
➢ Our drone aerial photography pricing will vary depending on the complexity, associated risks and location of the drone aerial photography. Please telephone or email us to discuss your plans and requirements.
➢ Each job is unique and because all aerial photography drone flights are covered by CAA regulations we always carry out a detailed pre-flight survey before sending you a final quote.
➢ We do not offer drone camera hire or drone rental without one of our pilots.
➢ Travelling expenses in the UK are billed on a mileage basis and are agreed with the client in writing, prior to the start of the job.
➢ Buzzard Films are happy to provide fixed price tenders and quotations to councils and other public sector organisations.
➢ All quotations and instructions are subject to Buzzard Films' Terms and Conditions which are included with all quotations. Our minimum Public Liability insurance is £1 million.
Site Survey, Booking, Deposit and Timing
➢ Remote pilot aerial drone photography and video is affected by the weather, especially in the U.K. Therefore Buzzard Films have a flexible and pragmatic approach to scheduling client work.
➢ We cannot operate our drones in rain or high winds. Also, clients may have specific requirements that restrict us to flying at specific times.
What We Need From You
➢ The location of the shoot (with an exact postcode), proposed date and a brief containing as much background information as possible on what you want us to photograph and/or film.
➢ We can then do an initial office based online site survey to see if the shoot is possible and if there are any other factors, flight restrictions or permissions that need to be considered.
➢ In larger filming shoots the drone aerial photography may be a small part of an overall production. However, in order to comply with the terms of our CAA license, we still need to complete our pre-flight survey. This could involve a physical site visit.
➢ Each job is unique with a mixture of external influences that can affect when and where we can film, but we plan ahead to minimise possible disruptions.
Booking & Deposit
➢ If the result of our site survey is positive Buzzard Films will send you a quote with a detailed brief of the shoot, provisional date and costs.
➢ If you are happy with our quotation, we may arrange a physical site visit to discuss any final arrangements.
➢ We operate a provisional booking system with a firm shoot date being agreed when we have received a 25% deposit.
➢ We monitor the weather forecast 5 days in advance of any shoot. If the signs are not good we talk to the client 48 hours prior to the shoot.
➢ At this point we will reschedule the shoot to the next suitable date at no additional cost and the booking deposit is transferred to the new date. Weather is a known business risk in the UK, so we have to be as flexible as possible to ensure that bookings can be rearranged.
➢ If the shoot cannot be re-scheduled due to factors out of our control (live events, client availability) Buzzard Films does not offer a refund of the initial deposit.
➢ If we both decide to continue with the original date but we have bad weather, our pilots will wait on site as long as possible in the hope of a break in the weather.
➢ If we arrive on site and are unable to shoot on the day we will charge in full, but offer clients a 25% discount off the price of the second shoot on the follow up date.
➢ If the client cancels the shoot within 7 days of the scheduled date the 25% deposit will not be refunded.
Copyright and Use of Material
➢ Buzzard Films retains the copyright of all aerial photography and filmed content.
➢ We can negotiate and agree a buyout of footage for specific filming contracts.
➢ Our clients have full use of all photography and filmed material for their own business promotion, media, print, marketing, advertising and website use. In our terms of service clients are permitted to use all material in conjunction with their media, print and advertising suppliers. Clients are not permitted to sell the material or allow general 3rd parties to use it without prior written agreement with us.
➢ Buzzard Films promotes our business and services via a diverse combination of media channels. We reserve the right to use any video footage or photograph still images for our own PR purposes, on our website, in a show reel, in printed material and on social media.
➢ We also reserve the right to supply video footage and photographs to stock libraries at a later date.
PHOTOGRAPHY/VIDEOGRAPHY TERMS AND CONDITIONS
➢ These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
➢ Buzzard Films (The photographer) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts his right to be identified as the author of all images, by the words: ‘Photographs by Buzzard Films’.
➢ The client will have an appropriate period of exclusivity to publish the photographs to the exclusion of all other persons. However, the photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After any exclusivity period the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed). Editorial work may be made available by the photographer to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
➢ Unless specified on a separate licence: (a) clients are licensed to use commissioned photographs for marketing, PR & editorial use, in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer ; (c) The photographer retains full copyright in all images at all times throughout the world.
➢ The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
➢ Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
➢ It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
➢ Payment by the client will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
➢ Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
➢ Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
➢ A booking is considered firm as from the date of confirmation and accordingly the photographer will, at his discretion, charge a fee for cancellation or postponement: 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
➢ This agreement shall be governed by the laws of England & Wales.
➢ These Terms and Conditions shall not be varied except by agreement in writing.