Aerial Elite Visuals Terms and Conditions of contract shall apply to all work performed by Aerial Elite Visuals pursuant to this Agreement unless otherwise specifically agreed in writing. This Agreement is expressly conditioned on Client’s assent to such Terms and Conditions, notwithstanding any additional or conflicting Terms and Conditions of Client, which are hereby expressly objected to and rejected by Aerial Elite Visuals. Where a Client issues a purchase order to authorize the Scope of Services, all Terms and Conditions apply.
Performance. Aerial Elite Visuals shall exercise due care in performing the Scope of Services. Aerial Elite Visuals will not be responsible for any misuse of the work product by others, including the client. Aerial Elite Visuals makes no other warranty, expressed or implied, with respect to the performance of the Scope of Services. Aerial Elite Visuals shall not be liable for any claim, damage, cost of expense (including attorney’s fees) or other liability or loss not directly or solely caused by the negligent acts, errors, or omissions of Aerial Elite Visuals. In no event shall Aerial Elite Visuals be liable for any incidental or consequential loss or damage to Client in connection to the performance of the Scope of Services.
Site Security and Access. Unless otherwise specified, Client is solely responsible for all aspects of site security and for obtaining any necessary authorizations from any third party owner for use of their lands.
Subcontractors. Aerial Elite Visuals may engage subcontractors on behalf of the Client to perform a portion of the Scope of Services.
Payment Terms. Payment shall be made for requested services online through this order form via credit card. In the event of an incomplete payment, the client will be responsible for successfully completing payment before the intended shoot date. If additional services are requested, Aerial Elite Visuals shall bill for services rendered pursuant to the terms later specified. Invoices over 30 days past due will be charged a monthly interest rate of 5% per annum (or the highest lawful rate, whichever is less) on the past due balance. Client hereby waives any defense of usury with regard to said rate of interest. Aerial Elite Visuals may, after 7 days of written notice to Client, suspend performance of services until such time as all past due amounts are paid.
In the event of nonpayment, Client shall be additionally liable for, and shall remit to Aerial Elite Visuals upon demand, any and all costs of collection, including reasonable attorney’s fee, title search fees, filing fees, and litigation expenses incurred by Aerial Elite Visuals in enforcing the terms of this Agreement.
Insurance. Upon request, Aerial Elite Visuals will furnish Client a written description of insurance coverages then being maintained by Aerial Elite Visuals that may be related to the performance of the Scope of Services. No oral representations regarding insurance shall be binding upon Aerial Elite Visuals
Indemnity. Client agrees to indemnify, protect, and hold harmless Aerial Elite Visuals from and against all liability, claims, demands, losses, damages, expenses, and costs (including attorney’s fees), related to the performance of the Scope of Services, provided however, that any injury or damage was not caused directly and solely by the negligent acts, errors, or omissions of Aerial Elite Visuals
Waiver. No waiver, discharge, or renunciation of any claim or right of Aerial Elite Visuals arising out of a breach of this Professional Services Agreement by Client shall be effective unless specifically agreed to in writing, signed by Aerial Elite Visuals, and supported by separate consideration.
Governing Law. This Agreement shall be deemed to have been made in Dallas County, Texas and shall be governed by, and construed in accordance with, the laws of the State of Texas.
Release & Permissions Aerial Elite Visuals has permission and the unrestricted right to reproduce the photographs and/or video images relating to the services requested herein, and can be used for the purposes of publication, promotion, illustration, advertising, or trade, in any manner or in any medium.
Termination of Professional Services Agreement. This Agreement may be terminated by either party upon seven (7) days prior written notice. In the event of termination, Aerial Elite Visuals shall be paid up to the effective date of the termination for all services rendered.