11.1 As with any outdoor location photography, a successful outcome depends upon suitable weather conditions. 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, or there is some other reasonably unpredictable reason why the work could not be completed, then either there will be no additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to Skyward Aerial in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.
11.2 The UAV and camera can weigh up to 7kg. Whilst the UAVs have built in stabilising measures, they are flying platforms and subject to movement by the wind and will tilt whilst being held against the wind. This may impact on the image quality, steadiness and the angle of the picture(s). Skyward Aerial will endeavour to obtain the best quality pictures for the conditions. However, the images and video are not guaranteed to be steady and of broadcast standards (for instance).
11.3 If the work could not be completed due to Client reasons (e.g. but not limited to, lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time.
11.4 Skyward Aerial will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, Skyward Aerial cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
11.5 The completion of work may be subject to alteration or cancellation due to cause or causes beyond the Business’ control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.
11.6 Battery limitations mean that each flight will last a maximum of approximately 25 minutes but this can be reduced as a result of high winds. This will normally generate up to 20 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
11.7 In exceptional circumstances, Skyward Aerial may not be able to completely fulfil or complete a contract at all. In these cases, it will refund part or all of any deposit received and not accept any other liability. In any event, the liability of Skyward Aerial will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
11.8 Skyward Aerial does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar bodies.
11.9 Whilst back-up copies of images are often kept, Skyward Aerial accepts no responsibility nor liability for maintaining archive copies photographic material after the work has been delivered to and accepted by the Client.
11.10 Skyward Aerial has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 2.5 million GBP.
11.11 Skyward Aerial does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by third parties.
11.12 Skyward Aerial and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
11.12.1 Any negligence on the part of Skyward Aerial or its employees (except insofar as the same causes death or personal injury) or
11.2.2 Skyward Aerial’s performance off or failure to perform or breach of any of its express implied obligations under the contract.
11.13 The Client shall indemnify the Business against any liability whatsoever (including any liability based on the negligence of the Client) which it may insure resulting from any claim made against the Client by any third party.
11.14 We accept no liability for delay or non fulfilment of any term of the contract caused wholly or in part by “force majeure”. which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity of materials or any other cause or causes not within the Business’ direct control.