AeroMedia Production & Licensing Agreement
These Terms and Conditions govern all photography, video, Matterport scans, virtual tours, post-production, licensing, and related production services provided by AeroMedia Aviation Photography (“Photographer,” “Licensor,” or “AeroMedia”).
This Agreement is between AeroMedia Aviation Photography and the Client. By engaging services, approving a quote, paying a retainer, scheduling production, or using delivered media, the Client agrees to these terms unless otherwise defined in a separate written agreement.
A detailed project-specific quote, invoice, or written agreement may supplement these terms and will control where specific usage, pricing, timeline, or licensing terms are defined.
AeroMedia Aviation Photography
5875 Walden Ridge Drive, Salt Lake City, UT 84123
(801) 819-8141
[email protected]
1. Definitions
“Photographer,” “Licensor,” and “AeroMedia” refer to AeroMedia Aviation Photography. “Client” refers to the individual, company, agency, representative, or entity commissioning the services.
“Image,” “Photograph,” “Video,” “Tour,” “Scan,” “Media,” or “Deliverable” refers to any visual asset, in any form, supplied by AeroMedia.
“Services” refers to photography, video, Matterport scans, 3D tours, digital capture, editing, retouching, post-production, licensing, and related production work.
“Property” refers to the aircraft, facility, location, object, or subject being photographed or captured. “Proofs” are preliminary, unedited visuals provided for selection only and are not licensed for public or commercial use.
“Written consent” includes confirmed email correspondence.
2. Agreement & Scope
This Agreement governs all services provided unless a separate written contract is executed. Any modification to scope, licensing, schedule, deliverables, or fees must be agreed upon in writing.
AeroMedia operates as an independent contractor and retains full control over production methods, lighting, equipment, composition, workflow, editing, and final output.
No date is reserved until a signed agreement and required retainer are received.
3. Creative Control & Direction
If the Client wishes to direct the Photographer’s interpretation, an authorized representative must be present during the shoot or provide clear written direction before production begins.
In the absence of an authorized representative or written instructions, the Photographer’s professional judgment will determine composition, lighting, angles, styling, and final output.
The Photographer guarantees that delivered works are original creations produced for the Client, subject to the licensing terms of this Agreement.
4. Independent Contractor Status
AeroMedia is and shall remain an independent contractor and is not an employee, partner, joint venturer, or agent of the Client.
Nothing in this Agreement shall be construed as creating an employment relationship between the parties.
AeroMedia is solely responsible for its own taxes, insurance, permits, licenses, and business expenses associated with providing the services, except where specific project expenses are billed to the Client.
5. Photo-Ready Requirement & Standby Fees
“Photo-ready” means the aircraft, property, location, cabin, facility, or subject is fully prepared for photography at the scheduled appointment time.
The Photographer captures the subject as presented. While reasonable efforts may be made to work around minor distractions, final preparation remains the Client’s responsibility.
If the Photographer is required to wait on-site while the property is made photo-ready, or due to logistics delays beyond the Photographer’s control, a standby fee of $150 per hour may be assessed.
The Photographer reserves the right to refuse or discontinue work if conditions are unsafe, non-compliant, or interfere with safe aircraft, ramp, hangar, facility, or drone operations. In such cases, the project may be billed as scheduled.
All drone operations are subject to FAA regulations, weather conditions, airspace restrictions, location permissions, and site safety considerations.
6. Delivery, Proofing & File Handling
Final media is delivered electronically via platforms such as PixieSet, Dropbox, Google Drive, or similar delivery services.
Unless otherwise specified, final still images are delivered as edited JPG files. Raw or unedited files are never provided.
Proofs are delivered for selection purposes only and may not be published, distributed, edited, shared publicly, or used commercially.
Proofs are typically delivered within 3 business days when proofing is part of the project workflow. The Client must make selections within 7 calendar days unless otherwise agreed.
If no selection is made within the requested selection period, AeroMedia may select and edit images based on professional discretion. These selections are final.
The Client is responsible for downloading and backing up files immediately upon delivery. AeroMedia is not responsible for platform outages, email filtering, client storage failures, or download failures occurring after delivery.
Media files may be archived for a limited period. Long-term storage is not guaranteed, and retrieval after archival may incur additional fees.
7. Editing, Revisions & Rush Editing
Two rounds of reasonable technical revisions are included per image, provided they are requested within 7 days of delivery.
Technical revisions include reasonable adjustments to color, contrast, exposure, cropping, or similar technical corrections.
Revisions do not include creative reshoots, changes to composition, angle, lighting, styling, aircraft positioning, or conditions established during the shoot.
Advanced retouching, object removal, compositing, complex cleanup, or additional editing beyond standard revisions is billed at $125/hour with a 30-minute minimum.
Standard rush editing availability depends on project scope. Faster-than-standard delivery may be billed at $125/hour.
8. Image Use, Alteration & Metadata
Unless otherwise approved in writing, the Client may resize or crop delivered images for layout purposes only.
The Client may not modify, edit, filter, combine, recolor, manipulate, or create derivative works from delivered media without prior written permission.
The Client may not remove or alter embedded metadata. Unauthorized removal or alteration of copyright management information may violate the Digital Millennium Copyright Act (DMCA).
9. Licensing, Copyright & Rights
AeroMedia is the sole creator and copyright owner of all photographs, videos, scans, tours, and related media created under this Agreement.
Except for the rights specifically licensed in the quote, invoice, or written agreement, AeroMedia reserves all rights without limitation, including rights in all media now existing or later developed.
Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the delivered media for the purposes specified in the quote, invoice, or written agreement.
Licensing may be limited by usage, duration, geography, media type, exclusivity, industry, platform, or campaign. Any use beyond the granted scope requires additional licensing.
Rights are not transferred until full payment is received. Any use of delivered media before full payment constitutes unauthorized use.
Upon license expiration, the Client must cease all licensed uses unless a renewal or extension is granted in writing.
Images may not be resold, sublicensed, transferred, assigned, distributed to third parties, or used by affiliates, partners, vendors, publications, agencies, brokers, manufacturers, or other entities without written permission.
10. No Work Made for Hire
The parties expressly agree that all photographs, videos, scans, tours, and other media created by AeroMedia are not “works made for hire” under the United States Copyright Act.
AeroMedia remains the sole owner of all copyrights and intellectual property rights except for the limited license rights expressly granted in writing.
11. Portfolio Use
AeroMedia may use created media for portfolio, website, social media, competitions, educational, promotional, and self-marketing purposes unless otherwise agreed in writing.
Confidentiality restrictions, embargoes, or non-public use limitations must be disclosed and agreed upon before production.
12. Releases & Third-Party Rights
Unless a separate signed release is provided, AeroMedia does not represent that releases have been obtained from models, passengers, crew, aircraft owners, operators, property owners, trademark holders, brands, manufacturers, or other third-party rights holders.
The Client is responsible for securing any required permissions, releases, approvals, or clearances for the intended use of the media.
13. Payment Terms & Taxes
A retainer of 50% of photography fees and 100% of estimated travel costs, including airfare, hotel, car rental, mileage, and related expenses, is required to reserve the date.
The remaining balance, including photography fees, added licensing, travel adjustments, expenses, and editing fees, is due upon initial delivery of edited images unless otherwise stated in the invoice or written agreement.
Retainers are non-refundable except in the event of Photographer cancellation.
Payments more than 14 days overdue may incur a late fee of 1.5% per month, or 18% annually, or the maximum rate permitted by law, whichever is lower.
The Client is responsible for all applicable sales tax, use tax, processing fees, wire fees, or other legally required charges.
No usage rights are granted until the final invoice is paid in full.
14. Scheduling, Cancellation & Confirmation
Bookings are confirmed only upon receipt of the signed agreement and required retainer.
If AeroMedia cancels, all payments are refunded with no further liability.
If the Client cancels, postpones, or materially changes the scheduled project, the following cancellation fees may apply:
- More than 120 hours notice: 10% of fees + expenses
- Under 120 hours notice: 25% of fees + expenses
- Under 72 hours notice: 50% of fees + expenses
- Under 24 hours notice: 100% of fees + expenses
If a project is paused, delayed, abandoned, or materially reduced by the Client after work has begun, all completed work and incurred costs will be billed and are due upon invoicing.
15. Reshoots & Rejection
Unless a rejection fee is agreed upon in advance, the Client has no right to reject images based on style, format, composition, suitability, angle, lighting, or subjective preference.
If dissatisfied, the Client must provide specific technical reasons in writing.
AeroMedia’s sole obligation shall be to re-edit, reshoot, or refund up to 50% of fees at AeroMedia’s discretion. If a refund is issued, all rights revert to AeroMedia and usage must cease immediately.
Client-requested reshoots unrelated to technical equipment failure are billed as new projects at 100% of fees and expenses.
In the event of technical equipment failure resulting in loss of imagery before delivery, AeroMedia will perform a reshoot at no service fee, provided the Client covers related travel charges and access costs.
16. Rush Scheduling
Rush scheduling may be available depending on availability, location, travel, aircraft access, and production scope.
- Shoots scheduled less than 7 days from contact may incur a 25% surcharge
- Shoots scheduled less than 4 days from contact may incur a 50% surcharge
17. Client Responsibilities
The Client is responsible for securing access, permissions, authorizations, escorts, hangar access, airport access, aircraft access, property approvals, security clearances, and any required operational approvals.
The Client is responsible for costs caused by travel disruptions, access restrictions, aircraft unavailability, regulatory delays, weather, ground handling issues, crew limitations, airport restrictions, or operational changes beyond AeroMedia’s control.
The Client assumes responsibility for how media is used after delivery.
Production timelines are contingent on prompt Client communication. AeroMedia is not responsible for missed deadlines caused by Client delays, late approvals, delayed selections, lack of access, or incomplete information.
18. Assignment
The Client shall not assign, transfer, sublicense, or delegate any rights or obligations under this Agreement without prior written consent from AeroMedia.
19. Confidentiality
AeroMedia will safeguard confidential information shared by the Client and will not disclose it to third parties except as required to fulfill the commission, comply with law, or protect legal rights.
Sensitive aircraft, owner, passenger, operator, location, or schedule details may be omitted or modified upon request and written agreement.
20. Indemnification
The Client agrees to indemnify and hold harmless AeroMedia from any claims, damages, liabilities, costs, or expenses arising from the Client’s use of the media, including misuse, misrepresentation, unauthorized distribution, failure to secure permissions, or infringement of third-party rights.
21. Limitation of Liability
AeroMedia is not liable for indirect, incidental, special, punitive, or consequential damages resulting from use of the media or inability to use the media.
AeroMedia’s total liability is limited to the total amount paid for services under the applicable project.
The Client is responsible for reasonable collection costs incurred in recovering unpaid balances.
22. Force Majeure
Neither party shall be in default for delays or failure to perform caused by events beyond reasonable control, including extreme weather, grounded flights, aircraft unavailability, airport restrictions, operational disruptions, illness, emergency, labor disruption, government action, civil unrest, natural disaster, or other force majeure events.
23. Severability
If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect.
24. Default, Legal Fees & Jurisdiction
This Agreement is governed by the laws of the State of Utah.
The parties agree that exclusive venue and jurisdiction shall lie in the state and federal courts located in Utah.
The prevailing party in any dispute, collection action, or enforcement proceeding is entitled to recover reasonable attorney’s fees, court costs, collection costs, and litigation expenses.
25. Modification & Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior representations, communications, proposals, or agreements relating to the subject matter.
No modification is valid unless in writing and agreed to by both parties.
No waiver of any provision shall be considered a continuing waiver.