Eagle's Nest Drone Services – Terms of Service

Effective Date: 11/24/2025

1. Scope of Services

Eagle’s Nest Drone Services (“Provider”) agrees to provide professional drone videography and photography services, including but not limited to:

- Aerial and FPV (First-Person View) operations.

- Pre-flight planning and safety checks.

- Post-production editing of captured footage.

- Delivery of final media files in high-definition digital format.

2. Client Responsibilities

The Client agrees to:

- Provide safe and reasonable access to the event or property.

- Inform patrons of drone filming using provided signage.

- Assist in securing necessary areas for safe take-off and landing.

3. Payment Terms

- Total Fee: As agreed in the service proposal or contract.

- Payment Schedule: A deposit of 50% is required upon signing this agreement. The remaining balance is due upon delivery of the final video.

- Services must be paid in full before any deliverables are released.

4. Cancellation & Rescheduling

- Cancellation more than 3 days before the event: Deposit forfeited.

- Cancellation within 24 hours: Full fee due.

- Weather-related cancellations: Parties will work in good faith to reschedule at no additional charge.

5. Weather Clause

Drone operations are subject to weather conditions. The Provider reserves the right to delay, reschedule, or cancel flights if conditions are deemed unsafe, including but not limited to:

- High winds, heavy rain, snow, or lightning.

- Poor visibility or low cloud ceilings.

- FAA advisories or airspace restrictions.

Safety decisions will be made at the sole discretion of the Provider to ensure compliance and protect equipment and personnel.

6. Intellectual Property & Licensing

- All copyright and intellectual property rights for any data, images, or media captured remain the sole property of Eagle’s Nest Drone Services.

- Upon full payment, the Client is granted a perpetual, non-exclusive, worldwide, royalty-free license to use the final delivered media for:

* Internal business use.

* Marketing and promotion of the specific property or event.

* Sharing with direct project stakeholders.

- Prohibited Uses: Reselling, sublicensing, or transferring the media to unrelated third parties.

7. Provider’s Rights

The Provider retains the right to use captured media for its own promotional purposes, including:

- Display on website and social media.

- Inclusion in portfolios and marketing materials.

Provider will not disclose any confidential client information.

8. Safety & Compliance

- All flights will be conducted by FAA Part 107 certified pilots.

- Provider will adhere to all applicable FAA regulations and state laws.

- Liability insurance will be maintained for the duration of the event.

9. Liability Disclaimer

The Provider shall not be held liable for:

- Delays or cancellations caused by weather, airspace restrictions, or safety concerns.

- Indirect, incidental, or consequential damages arising from the use of delivered media.

- Any loss or damage to property unless caused by gross negligence or willful misconduct by the Provider.

Client agrees to indemnify and hold harmless the Provider against any claims arising from the Client’s use of the media or failure to comply with these Terms.

10. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties shall:

1. Attempt to resolve the matter amicably through good faith negotiations.

2. If unresolved within 30 days, either party may request mediation by a mutually agreed-upon neutral mediator in Parkersburg, West Virginia.

3. If mediation fails, the matter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding.

Each party shall bear its own costs and expenses unless otherwise determined by the arbitrator.

11. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of West Virginia.

12. Entire Agreement

This document constitutes the entire agreement between the Client and Provider and supersedes all prior understandings. Any amendments must be in writing and signed by both parties.