Terms & Conditions - Aerial Videography/Photography

In association with flights conducted by Bend the Throttle, they are in accordance with CASA regulatory and policy guidance.

 

In order that we may proceed, there must be no obstructed area or as agreed from which to conduct safe flight. A safe distance from people, vessels, vehicles and structures will be maintained at all times. Flights will only be conducted in suitable weather and with regard for other conditions such as local restrictions. All flights will be conducted with due consideration for the safety of people and property.

 

1. The Brief at Consultation

Clients will provide Bend the Throttle with a complete and accurate Brief detailing the project services and deliverables required, as well as any other information describing any points of interest and specific requirements no later than 5 business days prior to the Scheduled Date.

Clients will provide Bend the Throttle with information regarding site access and property position as well as any site orientation and procedures relevant to the Services and Deliverables prior to the Scheduled Date.

Failure to provide accurate and complete information affecting the delivery of Services by Bend the Throttle may result in a charge being made by Bend the Throttle to cover time, associated with travel costs and other costs reasonably incurred by Bend the Throttle.

 

Our clients acknowledges Bend the Throttle may require changes to the project where they are necessary to enable Bend the Throttle to provide the Services in accordance with the terms of CASA and in accordance with relevant Federal, State and Local laws. Our client agrees to accommodate these changes.

2. Authorised Flights

Bend the Throttle will prepare & submit flight authorisation (Area Approval & Permission) application to CASA, AirServices Australia and/or Defence (if required) for an agreed fee within an agreed timeframe. The approval timeframes may affect the project timeframes. Our client must allow sufficient time for the approval process and cannot hold Bend the Throttle responsible any delay caused by this process.

 

3. Other Permissions

Our client is responsible for obtaining any other approval / permissions to enable Bend the Throttle to provide the Services and Deliverables under this Agreement.

3.1. Permission Access

Bend the Throttle is granted permission to enter onto, and fly over, the subject property or activity and shall remain free from liability for personal or property damage provided due caution is exercised and reasonable safety procedures are followed.

 

4. Safety

The Client must provide and maintain, so far as is practicable, an environment for Bend the Throttle and members of the public that is safe and without risks to health.

 

5. Licencing of Images

Bend the Throttle acknowledges that the Client owns all right, title and interest in and to the Images and that Bend the Throttle has no right to use any of them outside the express terms of this Agreement.

Bend the Throttle reserves the right to make reproductions of images created during this Assignment for marketing, promotional and editorial purposes.

 

6. “Model” Rights

The Client warrants that s/he has obtained all Model Rights necessary to enable Bend the Throttle to carry out the Assignment and now agrees to indemnify Bend the Throttle against any cost or claim by any person arising out of videography/photography of any person or thing at the Location and / or Event.

 

7. Scheduling

Bend the Throttle undertakes to conduct the Services on the specified date and at the time outlined in the Particulars.

7.1. Uncontrollable Events

Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond reasonable control.

If any uncontrollable event delays or prevents the performance of the obligations of either party for a continuous period of more than one month, the other party may give notice to terminate this agreement. The notice must specify a date (at least seven days ahead), when the termination will take effect. A termination notice is irrevocable unless both parties agree to re-instate this agreement.

If the agreement is terminated, all money due from one party to the other becomes due immediately.

The party claiming the uncontrollable event will take all necessary steps to perform this agreement despite the uncontrollable event.

7.2. Weather Conditions

The Client acknowledges that Bend the Throttle is unable to provide the Services in certain weather conditions. Bend the Throttle cannot provide the Services on the Scheduled Date if the Pilot deems that it is unsafe to fly due to prevailing weather conditions or if the Client directs Bend the Throttle that the weather conditions are not suitable for achieving the Deliverables.

Bend the Throttle will arrange to provide the Services as soon as practicable after the agreed Scheduled Date where possible. The Client will be liable for any costs incurred by Bend the Throttle as a result of such re-scheduling.

Where it is not possible to re-schedule the Services due to the Client’s requirements, Cancellation Rates will apply.

Bend the Throttle is not responsible for delay or failure to provide the Services due to the prevailing weather

conditions and cannot be held liable where this results in loss or damage to the Client.

Neither party shall be liable for any delay or failure to perform its obligations pursuant to this Agreement if such

delay or failure is due to force majeure. If a delay or failure is anticipated due to force majeure, the performance of a party’s obligations will be suspended.

 

8. Fees and Payment

The total price payable includes

The Price for Services and Deliverables as set out in the Particulars

Fees associated with Flight Authorisation (if applicable)

All extra costs that are incurred, including but not limited to, travel, accommodation, meals etc. in addition to all other reasonable and customary costs

All quoted fees are exclusive of GST.

The Deposit and Balance are payable as outlined below unless otherwise outlined in the Particulars.

8.1. Deposit

One half (50%) of the agreed price is payable in advance on signature of this Agreement.

The above mentioned deposit is non-refundable if the Client / Representative does not arrive as agreed or changes the Scheduled Date and / or Time without due Notice. If Bend the Throttle does not arrive at the agreed Location and Time specified in the Particulars (unless otherwise agreed and the Client has been advised of a delay), the deposit shall be refunded in full to the Client.

8.2. Balance

The remaining half (50%) is due no more than 14 days after services. Deliverables will be withheld until all monies are paid in full.

All other amounts due to Bend the Throttle under this agreement plus GST will be payable on invoice presentation unless otherwise agreed.

 

9. Cancellation and Termination

The Client may cancel the Services prior to the Scheduled Date at any time by giving written notice to Bend the Throttle. The Client agrees to provide Bend the Throttle with as much notice as reasonably practicable.

Where the Client cancels the Services, the Client will be liable for the following Penalties to be paid in full on presentation of Bend the Throttle invoice:

within 1 - 2 business days of the Scheduled Date – 100% of agreed price plus GST within 3 - 4 business days of the Scheduled Date – 50% of agreed price plus GST

within 5 or more business days prior to the Scheduled Date – 25% of agreed price plus GST.

 

10. Limitation of Liability

All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

Bend the Throttle shall not be liable to the Client for any loss or expense which is:

indirect or consequential loss; or

economic loss or other loss of turnover, profits, business or goodwill; or

loss of amenity represented by the Client having no visual record of a Location or an Event; or

loss or damage suffered by the Client as a result of an action brought by a third party.

Except in the case of death or personal injury, the total liability of Bend the Throttle under this agreement, however it arises, shall not exceed the Price presented in the Particulars. This applies whether an action is based on contract, tort or any other basis in law.

This paragraph (and any other paragraph which excludes or restricts the liability of Bend the Throttle) applies to Bend the Throttle employees, subcontractors and agents as well as to the Remote Pilot.

 

12. Warranties

Bend the Throttle warrants that it works under a valid CASA Operation’s authority allowing the use of remotely piloted aircraft required to carry out the Services under this Agreement.

DISCLAIMER

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Bend the Throttle makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bend the Throttle does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

Bend the Throttle will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bend the Throttle has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bend the Throttle liability in respect of any:

death or personal injury caused by Bend the Throttle negligence;

fraud or fraudulent misrepresentation on the part of Bend the Throttle; or

matter which it would be illegal or unlawful for Bend the Throttle to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

 

You accept that, as a limited liability entity, Bend the Throttle has an interest in limiting the personal liability. You agree that you will not bring any claim against Bend the Throttle in respect of any losses you suffer in connection with the website.

[Without prejudice to the foregoing paragraph,]  you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bend the Throttle.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

PRIVACY

Personal information collection

Bend the Throttle may collect and use the following kinds of personal information:

information about your use of this website;

information that you provide using for the purpose of registering with the website;

information about transactions carried out over this website;

information that you provide for the purpose of subscribing to the website services; and

any other information that you send to Bend the Throttle.

Using personal information

Bend the Throttle may use your personal information to:

administer this website;

personalize the website for you;

enable your access to and use of the website services;

publish information about you on the website;

send to you products that you purchase;

supply to you services that you purchase;

send to you statements and invoices;

collect payments from you;

and send you marketing communications.

Where Bend the Throttle discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Bend the Throttle may disclose your personal information to the extent that it is required to do so by law,  in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

 

Securing your data

Bend the Throttle will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Bend the Throttle will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

 

Cross-border data transfers

Information that Bend the Throttle collects may be stored and processed in and transferred between any of the countries in which

Bend the Throttle operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement Bend the Throttle may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

 

Other websites

This website contains links to other websites.

Bend the Throttle is not responsible for the privacy policies or practices of any third party.Personal information collection

Bend the Throttle may collect and use the following kinds of personal information:

information about your use of this website;

information that you provide using for the purpose of registering with the website;

information about transactions carried out over this website;

information that you provide for the purpose of subscribing to the website services; and

any other information that you send to Bend the Throttle.

Using personal information

Bend the Throttle may use your personal information to:

administer this website;

personalize the website for you;

enable your access to and use of the website services;

publish information about you on the website;

send to you products that you purchase;

supply to you services that you purchase;

send to you statements and invoices;

collect payments from you; and

send you marketing communications.

Where Bend the Throttle discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Bend the Throttle may disclose your personal information to the extent that it is required to do so by law,  in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Bend the Throttle will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your

personal information.

Bend the Throttle will store all the personal information you provide [on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Bend the Throttle collects may be stored and processed in and transferred between any of the countries in which

 

Bend the Throttle operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

Bend the Throttle may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

Bend the Throttle is not responsible for the privacy policies or practices of any third party.