Terms & Conditions:
Last Updated: 3/13/2023
When a person uses this Pilot Lens, LLC or any of our websites, products, or services, you are the "client".
These terms apply on all Websites owned or operated by Pilot Lens, LLC.
Acceptance Policy: When a client schedules or request a photo shoot with Pilot Lens, LLC, or using this website, that is an automatic acceptance of our Terms and Conditions. It is the client’s responsibility to read through these terms in their entirety.
Acceptance of Aviation Regulations: When a client schedules or request a photo shoot with Pilot Lens, LLC that is an automatic acceptance of all Federal/State/Local Aviation Regulations set by the Federal Aviation Administration, United States Department of Transportation, State & Local Governments. The client must not interfere with the safe and legal operation of the aircraft being used.
Scheduling Policy: When scheduling a shoot with Pilot Lens, LLC, we will not put your property in the schedule until a property address, clients name, client’s phone, client’s email, and service requested is received. Tentative scheduling can be made but will not guarantee your spot. Waivers and authorizations may be required due to FAA airspace restrictions and could delay or require the need to reschedule aerial shoot.
Property Access: When you schedule and/or agree to our services, you agree that you are the authorized owner of the property requesting photos/videos/media, or you are authorized by the property owner to grant property access. By using our services, you are authorizing Pilot Lens, LLC the right to allow its photographers, videographers, flight crew, and other company personnel access to all areas of the property deemed necessary to complete the requested service at the discretion of Pilot Lens, LLC. You waive your right to trespass or otherwise charge or prosecute Pilot Lens, LLC or its personnel. You assume all liability should the property owner not be aware of our operation. Should problems arise such as a lockout, or law enforcement intervention, all services will be discontinued, and the full price of the service or amount agreed upon will be charged. Payment is due upon receipt of notice or invoice. These terms may be used to protect Pilot Lens, LLC and its personnel against all trespassing / unauthorized access charges while on the property that you requested. If access to property requires badging and/or training, a rate of $90 per hour will be assessed for time dedicated to this process. This will be added to the final invoice. (No decimals or prorated amounts will be assessed. The entire hour will be billed.)
Deposit Policy: If Pilot Lens, LLC permits payment after the project is complete, quotes or projects valued at $300 or more are subject to a 70% deposit payment before the project is started. These funds must be in the form of a cashier's check, money order, or cash and the funds must be deposited and cleared by a financial institution.
Estimates/Quotes: Any estimate or quote that is signed or approved via handwritten or email verification by the requestor, is a approval for flight operations by Pilot Lens, LLC. Any cancellation by the requestor will still be charged for the entire amount quoted or estimated. All other terms apply.
Travel Policy: The location of the shoot and/or data collection may be subject to additional travel fees based on distance if outside the administrative boundaries of the City of Austin, TX or if Pilot Lens, LLC deems it is necessary to charge for mileage ($0.70 per mile). Please contact us for more information.
Home Preparation Policy: When you schedule or request a shoot with us, we assume that during the shoot the property is in the condition that you would like for the photos/videos. All media is final unless qualifies below.
On Site Authorized Representative: The client is responsible for the presence of an authorized representative at the shoot to approve and/or direct Pilot Lens, LLC, or Pilot Lens, LLC will make the interpretation of the project. If a Client or Brokerage representative is not present and no written directions are given, in all cases the photographer’s interpretation shall be deemed acceptable and final.
Cancellation Policy: If the shoot is cancelled within 24 hours the full cost of the service will be charged as the preflight actions have begun within this time frame.
Cancellation due to property safety: Pilot Lens, LLC at any time may cancel a service in full or partially due to any hazard that is presented on the property such as but not limited to insurrection, person or object showing hazard to safe operation of flight. Safety is priority over anything we do.
Rescheduling for Flight Restriction/Weather: If the weather is inclement or there are temporary flight restrictions, we will reschedule you for the closest time slot. There is no penalty for weather or TFR delays however, you may not cancel and must allow for sufficient time to complete project.
All outdoor services performed are weather dependent. If there is inclement weather (rain/snow, high winds, low visibility, temperature, etc) the scheduled date may need to be postponed, as determined by Pilot Lens, LLC, for safety reasons. This would further include, but not be limited to, fire, flood, riot, or civil disobedience, or person/property to possibly create hazards that bring about circumstances that are outside the scope of safe operation of all flights scheduled and equipment to be used. Furthermore, Pilot Lens, LLC cannot be held liable for the inability to execute the services due to last minute changes in venue, site, circumstance, or local approval. Pilot Lens, LLC liability in the case of an equipment failure or unanticipated occurrences other than weather that prevent the completion of services is limited to a good faith attempt to reschedule the project, or failing that, a refund of monies previously paid by the client.
Additional Charges: If the shoot is cancelled within 24 hours before the shoot, the full cost of the service will be charged as the preflight actions have begun within this time frame unless cancellation is in result of weather or flight restriction as determined by Pilot Lens, LLC and the Federal Aviation Administration. Other charges may include transaction fees/rate if a service like Venmo, Stripe, Square, or others similar to those examples are used. No fee is charged if check or cash are used as this does not require fees to process.
Photo Delivery: Photos will be delivered within 72 hours of the completed shoot. We do accommodate rush orders. Please contact us for info. Electronic delivery is provided via Google Drive, SharePoint, OneDrive, Dropbox, Pix4D, and/or sent to the email address(es) you provide. All images will be delivered as JPG images 4000px x 2250px or better, additional sizes & crops available on request for a small fee. We do deliver RAW images upon request. Images will be available for download for a guaranteed 30 days; requests for downloads after 365 days may not be available at all unless it is made known before the calendar year ends. PLEASE SAVE YOUR IMAGES AFTER DELIVERY. After delivery and client pays all dues, shall be deemed completion of this contract in full by Pilot Lens, LLC.
Video Delivery: Edited videos will be assessed on a project-by-project basis. We do accommodate rush orders if you reach out to us. Please contact us for availability and pricing. Electronic delivery is provided via a Vimeo/Youtube link, Google Drive link, SharePoint, OneDrive, Dropbox, and/or sent to the email address(es) you provide. All videos will be delivered as a video file and/or embed code for easy sharing. We retain the rights to use the footage for promotional purposes unless otherwise agreed upon via writing. Videos will be made available for download for 30 days; requests for additional video hosting time may be possible. After delivery and client pays all dues, shall be deemed completion of this contract in full by Pilot Lens, LLC.
Advertisement Policy: We reserve the right to leave advertisements and contact information at any contracted job. Additionally, we reserve the full and unrestricted right to use any media obtained at a property by Pilot Lens, LLC in any of our electronic or print advertisements for promotional purposes unless otherwise agreed upon via in writing.
Copyright Notice: Pilot Lens, LLC is the sole copyright owner and creator of all content we shoot and create (photos, videos and all other deliverables). Pilot Lens, LLC is not work for hire. When the client requests a service from us, you are purchasing a license to use our content for limited use and the license does not become active until payment is made in full. Our content is not to be edited, adjusted or watermarked by anyone without our written consent. Pilot Lens owns all derivatives of media we originally produced. If you need changes or additional services, please contact us directly so we can assist you and let you know what’s possible. You can always expand your use or license of our content, just let us know exactly what your needs are, and we can expand use. The copyright of any content is NOT transferable to any other party unless a specified written agreement is made. Licensing may be obtained for various applications, please contact us for more details. Complimentary photos (if provided) licensing is treated in the same manner as paid work. A copy without a watermark can be provided in exchange for payment of services rendered. The content produced by Pilot Lens, LLC on behalf of our clients is never work for hire. Licensing is non-transferable and only provided to the original client of Pilot Lens, LLC. Use by any other party, requires written consent by Pilot Lens along with an additional licensing fee. Pilot Lens, LLC retains the right to use all content created for self-promotion, even if a client purchases the full rights to the deliverables.
Photo / Video Rights and Usage for Realtors: The original agent who paid for the services (purchaser) has permission to use any media obtained on any electronic or printed form of advertisement for the promotion and sale of that property or while trying to promote more business. This license does not become active until payment is made in full and use without payment will be treated as copyright. infringement (see Litigation paragraph below). An agent may not list any property containing our photos unless payment is made in full. When an agent schedules a photo/video shoot, they are confirming that the homeowner is aware and is providing an implied property release for the photos, video and drone to be taken and used by Pilot Lens, LLC. Usage of photos or videos for personal marketing purposes does not require credit that is given to Pilot Lens, LLC. This license is non-transferable, and media cannot be sold to another agent or person outside of the agents residing brokerage to use on an expired or withdrawn listing without written consent and a licensing fee. Failure to pay for the images, video or virtual tour, map will result in a copyright infringement/violation. You will be asked to "Cease and desist" remove the images, videos from any electronic or printed form of advertisement. Failure to stop using them may result in legal action. These terms also apply to any free or discounted services, if offered.
Photo / Video Rights and Usage for Businesses: Using Our Services for Marketing Content: Any business that uses our services to specifically create marketing content for their business has a license to use the media for the purpose of marketing their business during the life of the business. This includes use on their website, social media, email marketing, print material, advertising, etc. This license is not transferable to other businesses for any purpose except to companies that design marketing materials for your company. If a customer wants to resell the content in any manner or use it to promote an unrelated extension of the business (ie, film/documentary, TV/web series, merchandising, etc), written notification/consent is required, and potential additional fees may apply. Please contact us for more details.
Payment Policy: When a photographer or videographer from Pilot Lens, LLC agrees with the client on services, and/or arrives and photographs or films any project for a client that is an automatic acceptance of our Terms and Conditions. Payment is to be made upfront before services are to begin. Should we allow for payment after services are complete, invoices are due and must be paid within 48 hours of the deliverables being sent to you and will incur a charge after the due date, without payment. The charge will be 45% of the total accrued invoice amount and will be added to the invoice every 30 calendar days it goes unpaid. Failure to pay invoice and fees within 2 calendar months, collections will be notified and will be collected at the client’s additional expense. Financing and price reduction is available to the client under Pilot Lens, LLC discretion and terms. Upon full payment, all images delivered to the client may be used for the purpose of the license issued. Pilot Lens, LLC reserves the right to require payment upfront at any time. There are no exceptions to the late charge policy.
We accept the following forms of payment:
The following Credit Cards
- American Express
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. We use Stripe for credit card payments. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Litigation: Pilot Lens, LLC reserves the right to litigation in the event of non-payment of completed work, copyright, trademark, or other intellectual property infringement, client damages to Pilot Lens, LLC or any of the subsidiaries of the company (Such as false statements about us, and other actions that result in loss of business of our reputation or standing within the community). We agree that any litigation between us shall be construed according to the laws of the State of Texas, and jurisdiction and venue of any legal action between Pilot Lens, LLC and the client shall be in the State of Texas. In the event of litigation concerning these terms or services performed by Pilot Lens, LLC, the client shall be responsible for the resulting attorney’s fees, court costs, expenses, and any other costs or expenses incurred, brought, or threatened.
Customer Satisfaction: If you are not satisfied with your deliverables, your first remedy is to let Pilot Lens, LLC know the specific reasons within 3 days of delivering photos or videos, and allow Pilot Lens, LLC to make the appropriate corrections. This may include a re-edit or reshoot, at Pilot Lens, LLC discretion. If the property is reshot, you agree to make the property available during the time we request.
If Pilot Lens, LLC still cannot produce images to your satisfaction, your sole remedy is to be refunded for the undelivered product, which will allow for continued use of the paid content. In the event of a full refund, the client must stop using the content immediately and is not permitted to use the content for any purpose. Any deposit is non-refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, Pilot Lens, LLC will return any money given up to that point but claims no further liability.
Failure to Perform Requested Service: Pilot Lens, LLC cannot perform an agreed upon service in whole or in part due to a cause beyond the control of Pilot Lens, changing of details that no longer fit with the photographers’ or videographers’ originally agreed terms or due to the the photographer’s or videographer’s illness or injury, then Pilot Lens will return all fees of non-completed work to the client(s) and shall have no further liability with respect to any agreement, oral or written. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
Waiver and Indemnification: The client and it’s agent’s, family members, heirs, relatives, and assignee’s, if any, shall indemnify and hold harmless, the photographer/drone operator, Pilot Lens, LLC or any of its affiliates, or their respective partners, officers, directors, employees, members, or agents against any claims for damages, including reasonable attorney’s fees arising out of the performance of any of the services performed or the client’s use of the photographs or video and the photographer’s or Pilot Lens, LLC use of material or instructions of the client.
Furthermore, Pilot Lens, LLC is released from any liability for damages or injuries caused by non-compliance of the client, or others, to safety or operational instructions from a drone operator/photographer on behalf of Pilot Lens, LLC.
Upon hiring Pilot Lens, LLC, the parties agree that they fully understand and will be bound only by the terms in this page. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.
When you hire Pilot Lens, LLC, you allow Pilot Lens, LLC to use your logo on our main website page. By accepting services, you understand that you have the authority to allow Pilot Lens, LLC to use the logo for the limited purpose.
Pilot Lens, LLC assumes no responsibility for error or omissions in these materials. Pilot Lens, LLC makes no commitment to update the information contained herein. Pilot Lens, LLC makes no, and expressly disclaims all, representations or warranties, express or implied, regarding Pilot Lens’s Website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Website, or that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Pilot Lens, LLC or any other party on this Website shall create any warranty or liability. Under no circumstances shall Pilot Lens, LLC or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on this Website or within our services.
Materials published on this Website are owned by Pilot Lens, LLC except when noted and are protected by The Digital Copyright Millennium Act of 1998 and other copyright laws, including United States Code Title 17, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcasted, or otherwise exploited in any manner without the express written permission of Pilot Lens, LLC. You may not download freely accessible material from this website or any online or published source without express consent of Pilot Lens, LLC. If you obtain a license to use our watermarked image, a caption with credit and a link must be provided to our main page (www.PilotLens.com). Pilot Lens has the right at any time to reject or revoke use of these and any owned medias without reason. If this is the case, you must remove content immediately upon notification from Pilot Lens or any of its affiliates. Failure to remove within 24 hours of notification, a fee of $250 will be accessed with $75 daily after. Pilot Lens, LLC may pursue legal remedies after 5 days. Pilot Lens's Trademarks are also considered intellectual property (IP).
Last updated: March 13, 2023
Interpretation and Definitions:
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pilot Lens / Pilot Lens, LLC.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Pilot Lens, accessible from https://www.PilotLens.com/
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company may use your information on the following sites should you initiate actions on our site further than the homepage and this policy page:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By email: firstname.lastname@example.org