Terms & Conditions

These client Terms andConditions and conditions (these «Terms and Conditions and Conditions») govern the provision of any services (the «Services») to you («you», «your», or«Client») by Flymark LLC (d/b/a Flymark) (the «Company», «Flymark», «we», or«us»). You hereby agree as follows:

Services

Flymark agrees to provide Services as described in the agreed-upon scope of work.

Any changes to the scope of work must be agreed upon in writing by both parties.

Responsibilities

• Client agrees to provide any necessary permissions, access, or information required for the provision of theServices.

• Flymark is responsible for ensuring compliance with local regulations and obtaining any necessary permits or approvals for drone operations.

Video Editing and Post-Production

Flymark will collaborate with Client to create a flight plan, and the shooting will not begin until Client approves the plan. The approval can be in written or verbal form. After the final shooting, Flymark will require from ten (10) days to deliver the Final Video. Client is permitted one (1) additional revision rounds, which includes simple editing of footage, such as removing clips, altering speed, requesting color corrections and changing information on the graphic slides.

Flymark agrees to the following turnaround times:

• From ten (10) days for any Final Video

• 3-5 Business days for Video Revision Requests (one complimentary revision; $150/additional revision)
If the Client does not provide edits within this timeframe, the video will be considered approved and finalized.

Cancellation Policy

If Client cancels this agreement 10 days or more before the scheduled video shooting date, Flymark will refund all payments made by Client. If the Client cancels within 10 days or less of the scheduled video shooting date, Flymark will retain the initial payment as a cancellation fee.

• Any appointment rescheduled, or changed without twenty-four (24)-hours notice will result in a $99 fee.

• Any appointment missed (i.e. an employee of Flymark showed up on site and was unable to shoot the property due to delay of the agent more than 30 min), will result in a $99 fee.

• If the shooting date is rescheduled a second time within twenty-four (24) hours or less of the scheduled time, a $198 fee will be charged.

• If the shooting date is rescheduled a third time, Flymark reserves the right to cancel the shoot and retain the original payment as a cancellation fee.  

Weather Policy

Weather may impact Flymark’s ability to provide services to Client.Flymark retains the right to decide whether to proceed with or reschedule the shoot in case of inappropriate weather.

Rush Order Requests

If Client requires expedited delivery of the Final Video or revisions, arush order fee may be applicable, to be determined based on the urgency and complexity of the request.

Use Of Licensed Music

Flymark will procure licenses for any music used in the Final Video.

Client is responsible for obtaining additional licenses if the FinalVideo will be used for commercial purposes requiring synchronization rights.

Quality Assurance

Flymark will make reasonable efforts to ensure the Final Video meets industry standards and Client's expectations.

Clients shall promptly communicate any concerns or desired changes during the revision rounds.

Rejection Of Final Video

If the Final Video is rejected by Client due to reasons beyond the agreed scope of work, additional fees may apply for re-shooting or significant re-editing.

Equipment Malfunction

In the event of equipment malfunction during the shoot or unforeseen technical issues, Flymark will make reasonable efforts to rectify the situation promptly.

Travel Cost Reimbursement

In the event that travel is needed outside of the sixty (60) mile radius surrounding Orlando(zip code 32801), Flymark will require an additional $99 per hour travel fee.Flymark reserves the right to charge Client this fee following the provision ofServices, and such amount shall be payable by Client upon demand.
All expenses must be pre-approved byClient.

Pricing And Payment

The pricing for the Services will be as agreed upon in the quote or contract.

Payment for services must be made according to the following schedule:

• 50 % of the total cost is due after signing the Contract.

• The remaining payment is due upon completion of the Final Videos.

Invoicing And Terms

Flymark will issue a total invoice for services upon the signing of theContract. Payment is to be made in accordance with the terms specified in theContract. Full payment is required no later than the receipt of the FinalVideos.

Late Payments

Please be aware that late payments may be subject to additional fees and penalties. Ensure timely settlement to avoid any inconvenience.

Intellectual Property

Flymark retains all intellectual property rights, including copyright,in the videos produced as part of the Services.

Client is granted a non-exclusive, non-transferable license to use thevideos for the agreed-upon purposes.

Ownership Of Raw Footage

The raw footage captured during the shoot remains the property ofFlymark and will not be provided to Client unless otherwise agreed upon inwriting.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of the Services.

This obligation of confidentiality continues after the termination of the Services.

Social Media Promotion

Client grants Flymark permission to use excerpts from the Final Videos For promotional purposes on Fly Mark's official social media channels and website.

Media Release Confirmation

Client confirms that they have read and understood the media release clause and consents to the use of their property, possessions, name, likeness,and voice as described.

Insurance

Flymark agrees to maintain adequate insurance coverage for drone operations.

Client is responsible for insuring any equipment or property where theServices will be provided.

Safety And Compliance

Flymark agrees to operate drones in compliance with all relevant laws and regulations.

Client agrees to provide a safe working environment for the drone operations.

Termination

Either party may terminate the Services with written notice if the other party breaches a material term of these Terms and Conditions.

Upon termination, Client shall pay for all Services performed up to the termination date.

Limitation Of Liability

Flymark's liability for any damages arising from the Services is limited to the total fees paid by Client for those Services.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by the laws of FloridaState.

Any disputes arising out of or in connection with these Terms andConditions shall be resolved through arbitration in accordance with arbitration rules.

Miscellaneous

These Terms and Conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings.

Any amendments to these Terms and Conditions must be in writing and signed by both parties.

By engaging our Services, you acknowledge that you have read,understood, and agree to be bound by these Terms and Conditions & Conditions.

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