Commercial Photography Terms & Conditions
These Terms and Conditions govern all photography, video, and related production services provided by AeroMedia (“Photographer”).
This page provides a general overview of working terms. A detailed project-specific agreement will be provided with each quote or upon request, and will take precedence where applicable.
By engaging services, the Client agrees to these terms unless otherwise defined in a written agreement prior to the start of work.
These terms are designed to clearly define expectations, protect both parties, and ensure consistent execution across all projects.
AeroMedia
5875 Walden Ridge Drive, Salt Lake City, UT 84123
(801) 819-8141
[email protected]
1. Definitions
“Photographer” refers to AeroMedia. “Client” refers to the individual or entity commissioning services.
“Media” includes all photographs, video, digital assets, and related deliverables. “Services” include capture, production, editing, and delivery. “Proofs” are unedited previews and are not licensed for use.
“Property” refers to the aircraft, location, or subject being photographed. “Scan” refers to any 3D or virtual capture where applicable.
2. Agreement & Scope
This Agreement governs all services provided unless a separate written contract is executed. Any modifications must be agreed upon in writing prior to production.
The Photographer operates as an independent contractor and retains full control over production methods and execution.
3. Creative Control & Direction
If specific direction is required, the Client must provide clear written guidance or have an authorized representative present during the shoot.
In the absence of direction, the Photographer’s professional judgment will determine composition, lighting, and final output.
4. Photo-Ready Requirement
The Property must be fully prepared at the scheduled time. The Photographer captures the subject as presented.
Delays, staging issues, or incomplete preparation may result in additional fees. Reshoots due to readiness are treated as new projects.
The Photographer reserves the right to refuse or discontinue work if conditions are unsafe, non-compliant, or interfere with safe aircraft operations. In such cases, the project may be billed as scheduled.
5. Delivery, Storage & File Handling
Final media is delivered electronically via platforms such as Dropbox, Google Drive, or PixieSet in high-resolution formats. Raw files are not provided.
Proofs are provided for internal selection only and may not be published, distributed, or used commercially.
The Client is responsible for maintaining backups. Archived retrieval may incur additional fees.
Media files are archived for a limited period. Long-term storage is not guaranteed, and retrieval after archival may incur additional fees.
6. Editing & Revisions
Two rounds of standard revisions per image are included. Additional or complex edits are billed at $125/hour with a 30-minute minimum.
7. Image Use & Alteration
Images may only be resized or cropped unless otherwise approved. Unauthorized editing, filtering, or metadata removal may violate copyright law.
8. Licensing, Copyright & Attribution
All media remains the intellectual property of the Photographer. The Client is granted a non-exclusive, non-transferable license for agreed usage.
Licenses are non-transferable and may not be assigned, sublicensed, or shared with third parties without written permission.
Licensing is limited by time, geography, and use. Continued or expanded use requires additional licensing.
Images may not be resold, sublicensed, or transferred without written permission.
On reprinting, credit to AeroMedia is required in published or editorial use, in the following format: © AeroMedia/Dave Koch
9. Payment Terms
A 50% retainer and full estimated travel costs are required to secure scheduling. The remaining balance is due within 14 days of invoice.
Usage rights are granted only after full payment is received.
Any use of delivered media prior to full payment constitutes unauthorized use and may be treated as copyright infringement.
Late payments may result in suspension of usage rights and additional fees.
10. Scheduling, Cancellation & Abandonment
- 120+ hours notice: 10% fee + expenses
- Under 120 hours: 25% + expenses
- Under 72 hours: 50% + expenses
- Under 24 hours: 100% + expenses
If a project is paused or abandoned by the Client after work has begun, all completed work and incurred costs will be billed and are due on invoicing.
If the Photographer cancels, all payments are refunded with no further liability.
11. Reshoots & Rejection
There is no right to reject images based on style or composition. Concerns will be addressed through re-editing or reshoot at the Photographer’s discretion.
Client-requested reshoots are billed as new projects unless caused by technical failure.
12. Rush Services
Expedited scheduling and delivery may be available and may incur additional fees depending on timeline and scope.
- 7 days or less: +25%
- 4 days or less: +50%
13. Client Responsibilities
The Client is responsible for securing access, permissions, and any required clearances for the shoot location.
The Client is responsible for costs incurred due to travel disruptions, access restrictions, or regulatory issues beyond the Photographer’s control, including international travel changes.
The Client assumes responsibility for how media is used after delivery.
14. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or liabilities arising from the use of the media, including misuse, misrepresentation, or unauthorized distribution.
15. Confidentiality
All client information is handled with discretion. Sensitive details may be omitted or modified upon request.
16. Liability
The Photographer is not liable for indirect, incidental, or consequential damages resulting from use of the media.
Liability is limited to the total amount paid for services.
17. Force Majeure
Neither party is liable for delays or failure to perform due to events beyond reasonable control, including weather, travel disruption, or operational restrictions.
18. Legal & Jurisdiction
This Agreement is governed by the laws of the State of Utah. Any disputes will be resolved within that jurisdiction.
The Client agrees to cover reasonable legal and collection costs incurred in enforcing this Agreement if in breach.
19. General Terms
This Agreement represents the entire understanding between both parties and supersedes prior agreements.
If any provision is found unenforceable, the remaining terms remain in effect.
No waiver of any provision shall be considered a continuing waiver.
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