TERMS AND CONDITIONS v112021
By ordering any services from DG Digital Services LLC / FlyingLenz (“DG Digital”), the person or entity that has paid for our services (“Client”) agrees to the following Terms of Service.
DG Digital retains the copyright for all photography and videos (“Media”) and reserves the right to use them for the promotion of our services on our website, Facebook, Instagram, etc.
DG Digital shall utilize drone pilots who are certified by the Federal Aviation Administration (FAA) under 14 CFR Part 107 to complete the services for the Client.
DG Digital shall utilize drone equipment that carries a minimum of $1,000,000 in liability insurance to complete the services for the Client.
Some properties, due to their proximity to an airport or other flight-restricted area, may require special clearance from the FAA. The Client must provide accurate address or location information to allow DG Digital to obtain proper flight clearance.
LICENSING AND COPYRIGHT – WHAT YOU CAN DO WITH IMAGES AND VIDEOS
Specific rights and limitations will be specified in the Requested Usage section of the invoice.
Generally, for real estate photography and videos purchased directly from flyinglenz.com, DG Digital grants a license to the Client to use the Media on any electronic or printed form of advertisement for the promotion and sale of the featured property, worldwide. The Media cannot be altered, sold, or transferred by the client for any reason. If any other person or entity (including other real estate agents who take over a listing) would like to use the Media, they must contact us for a new license or transfer of license. When rights are infringed, the copyright owner is entitled to recover damages suffered because of the infringement, regardless of intent. See 17 USC §504.
MLS and Other Real Estate Sites. There are some multiple listing services and real estate sites that claim copyright over Media uploaded to those services. In short, although these sites make that claim, the copyright is not transferrable. DG Digital authorizes the Client who has paid for the appropriate level of service and associated license, to upload the Media to these services.
DO NOT RE-LICENSE MEDIA. The Media produced for the Client is for the purpose detailed in the license issued. If anyone other than the Client wishes to use the Media, they must contact DG Digital for the appropriate license. Clients may not give the Media to other parties such as architects, designers, staging companies, other real estate agents, etc. The only exception is as noted in the MLS and Other Real Estate Sites section.
Custom, edited video add-ons may contain licensed music under our commercial license. We are authorized to sub-license the music for the Client’s use, but the Client must provide DG Digital with the URL of the published video to avoid copyright claims on their postings.
DG Digital retains the copyright for all Media and reserves the right to use Media produced for the promotion of our services on any website or social media channel, worldwide.
PREPARATION, ACCESS, CANCELLATIONS, AND RESCHEDULING
The Client is responsible to prepare the location or property where the services are to be performed. DG Digtal Services LLC / FlyingLenz is not responsible for staging and shall not be required to move anything on the property. The Client is responsible to ensure the property is ready at the set appointment time. The Client is also responsible for ensuring access to the property is resolved during the set appointment time. If the property is not properly prepared (staged) or the start of a project is delayed more than 30 minutes of the set appointment, DG Digital reserves the right to cancel or reset the appointment. The Client shall be responsible for a $25 cancellation or rescheduling fee, plus associated travel time and costs.
Clients shall provide 24-hour notice of cancellation or request rescheduling before a scheduled appointment. DG Digital may charge a $25 fee for cancellations or rescheduling requests made within 24 hours of a set appointment time. Rescheduling due to inclement weather will not carry a rescheduling fee (see Weather section).
From time to time, the Federal Aviation Administration will issue Temporary Flight Restrictions (TFR) for aircraft operations. In cases where a TFR is issued affecting your service location, DG Digital shall reschedule the operation at no cost to the Client.
IMAGE AND VIDEO EDITING
Except for color grading photos or videos, DG Digitial Services LLC / FlyingLenz will not edit Media to camouflage defects unless specifically directed by the Client in writing and payment for editing services is provided. Please contact us for pricing on desired edits.
PROPERTY SAFETY, PETS, AND UNWANTED ITEMS
The Client shall ensure the property is free of hazards, pets are secured, and that any items not desired in the photos or videos are not in the view of cameras. DG Digital may make recommendations but is not responsible for moving items for the services to be performed.
WEATHER
DG Digital is not liable for any service interruption or cancellation due to weather. A cloudy day shall not necessarily be the cause for the cancellation of scheduled drone services. Cloud cover often provides images and videos with better lighting to highlight the property than on sunny days (there is typically equal lighting and low to no shadows). If the Client desires to cancel or reschedule services due to a cloudy day, the cancellation and rescheduling terms apply.
DG Digital shall only operate drones when the weather conditions allow safe operation of the aircraft. If DG Digital determines the weather conditions do not allow safe operation of drones, the services may be rescheduled at no cost to the Client.
ONSITE OPERATIONS
DG Digital makes every effort to arrive on time and will notify the Client via text and/or email of our approximate arrival time within the scheduled appointment window. The Client does not need to be onsite during the performance of services, therefore if the Client is late or does not show up, DG Digital will proceed with the scheduled service.
The Client may discuss the services with DG Digital and point out any features that they would like to highlight or discuss any concerns before the start of the operation. Once DG Digital has started the flight, the pilot should not be disturbed.
If time and equipment used permits, the Client may be offered a quick preview of the captured media by the pilot before their departure.
DELIVERY OF MEDIA, DATA RETENTION, AND TURNAROUND TIME
Upon acceptance of these terms and conditions as well as receipt of full payment for services, DG Digital will schedule and perform photography and video services on a date and time which will be agreed to with the Client.
After receiving payment and associated signed license agreements, DG Digital delivers all media and usage licenses in a digital format for download by the Client via Dropbox or other similar file-sharing services. Digital download links will be available to the Client for 14 days. At the end of the 14 days, DG Digital may relocate the digital files from the file sharing service or delete the files from storage if desired.
The Client is responsible for any fees related to requests for the media to be uploaded a second or subsequent time for download.
For unedited photos and videos, the Client should expect delivery of Media within one business day of the scheduled service being performed.
For edited photos and videos, the Client should expect delivery of Media as stated within the appropriate invoice. The client understands that editing or creating a custom video takes time and the delivery date will be quoted in the estimate and invoice.
We are not responsible for the delay of delivery due to Client delays.
ADDITIONAL FEES
Any service requested outside of an Estimate, Invoice, or Statement of Work will incur additional fees.
GUARANTEE
DG Digital offers services based on a fee which are payable upon scheduling by the Client. If DG Digital fails to provide services during the scheduled appointment time, we will offer the Client a 100% refund of any fees paid. This guarantee excludes delivery of the Media and only guarantees the performance of our service upon payment.
SERVICE AREA
DG Digital is based in the Metropolitan Atlanta area and can provide drone services anywhere in the United States.
Service is provided primarily within Cobb, Douglas, Fulton, Cherokee, Bartow, Paulding, Gwinnett, DeKalb, and Douglas counties without an additional travel fee. Service to areas outside of these counties is available with an additional travel fee commensurate with distance.
Terms and conditions may be updated and published at any time at https://flyinglenz.com/terms-and-conditions/.