This is a legally binding agreement between Brinar Pty Ltd T/As Elev8 Aerial Images (“Elev8”) and you. You have engaged the photography services Elev8 based on the terms below. These terms were voluntarily agreed to by you and Elev8 and will be the terms and conditions that apply on each occasion Elev8 provide photography services to you, unless the Agreement has come to an end.

1.Photography Services & Payment:

1.1You acknowledge that Elev8 is qualified and licensed to provide the photography services to you. These services may include the operation and use of low flying Civil Unmanned Aircraft Systems (“Drones”) operated by Elev8.

1.2In providing the services to you Elev8 has agreed to operate necessary Drones to complete the services and will maintain all relevant and applicable licenses as required by Australian law, to operate such Drones.

1.3Elev8 will provide photography services to you, as and when required, for the fee provided to you in any quotation (in writing or orally) provided to you by Elev8. That quote will form part of the terms and conditions of this Agreement and will reflect the service rates and fees disclosed on Elev8’s website, which may change from time to time.

1.4If you expressly communicate (by your words or conduct) that you agree with any quotation for services and/or agree for Elev8 to provide the services, you will be communicating your acceptance of the quote and will be required to pay for Elev8’s services.

1.5You agree that Elev8 is entitled to request payment of a deposit of 40% for any quotation that exceeds $1,000.00. That deposit must be paid to Elev8 within 5 days prior to performing the services. Any request for a deposit will be set out in Elev8’s quotation provided to you for the services.

1.6If Elev8 incurs additional costs in performing the services, those fees will be included in the quotation for services provided to you; or, if incurred unexpectedly, Elev8 will be required to include these in a final Tax Invoice. These costs may include parking fees, travelling costs outside the Illawarra and Shoalhaven (at 0.74c per km), postage, accommodation, entry permit/consent fees, council charges and hire fees.

1.7You acknowledge that in providing the services Elev8 may require access to several airways, aerodrome pathways or other airspace (within and external to Australian territory); in addition to public/private premises, landmarks or other areas requiring access. You undertake and agree to reimburse Elev8 for costs in obtaining any additional relevant licences, permits and consents.

1.8You acknowledge that Elev8 will not be responsible or liable for any delays in obtaining such consents/permits. Elev8 may refuse to provide the services until such time as the relevant consents/permits have been granted and you will extend the timeframe for completion of services if necessary, to obtain the relevant consent/permit.

1.9Upon completion of the services, Elev8 will issue you with a Tax Invoice and will require payment of that invoice within 14 days. If you fail to pay by the due date, Elev8 can stop performing the services, withhold photographs and/or charge interest at 7% per annum (calculated daily) for all late payments

1.10You are aware that Elev8’s services may be restricted to the availability of premises, tools/equipment, staff or agents; or might be interrupted by unpredictable events such as weather.  Where possible, all reasonable steps will be taken by Elev8 to provide the services within the timeframe agreed; and you agree not to hold Elev8 liable and to indemnify Elev8, for any such delay.

2.Delivery of Photographs:

2.1Elev8 will attempt, but does not warrant, to deliver edited photographs (in printable size of a maximum 5MB) to you within a reasonable timeframe via Dropbox or USB delivered to your postal address (Postage fees apply as set by Australia Post).

2.2If you are not satisfied with the photographs, you must notify Elev8 within 48 hours from receipt to enable Elev8 to re-perform the services (if required and where reasonably possible). Any alterations required to be made after that period, will be made as though the services were being performed a second time and you will be charged a further charge consistent with the rates provided in the relevant quotation for services and/or as per Elev8’s website (as applicable).

3.Subcontractors:

3.1You acknowledge that Elev8 is an independent contractor, fit and qualified to perform the photography services, and is not your employee, agent or assignee.

3.2You acknowledge and agree that Elev8 may, from time to time, use the services of a subcontractor.  Elev8’s subcontractors will be instructed to produce the same standard of services as would be expected from Elev8 under this Agreement.

4.Intellectual Property:

You and Elev8 agree that this clause 4 will continue even after this Agreement comes to an end:

4.1You acknowledge that Elev8 is the author of the photographs supplied to you under this Agreement, being the subject of Copyright under Australian Copyright Law. As author, Elev8 retains the right to use the photographs for purposes connected to Elev8’s business, including for advertisement and/or promotion. 

4.2As Elev8’s customer, you are entitled to use the photographs for the purpose set out in any quotation provided to you by Elev8.  You agree to acknowledge Elev8 as the author of those photographs, where possible: eg Print media.

4.3You agree to obtain Elev8’s consent (in writing) if you: use the photographs for any other purpose not contained in any quotation; and/or if you wish to distribute the photographs to other persons, including to the proprietor of any property. In each of these circumstances Elev8 is entitled to charge an additional fee for the use of the photographs.

5.Obligations:

5.1You agree to Elev8’s ‘Customer Obligations’, being that you:

5.1.1co-operate with Elev8 and make available necessary facilities required by Elev8;

5.1.2provide information and documentation that Elev8 reasonably requires for the services;

5.1.3ensure Elev8 has unfettered legal access to any premises required to perform the services and have obtained authority/permission for Elev8 to access, enter and use the premises.

5.1.4ensure Elev8 has permission to photograph the subject(s) (including persons, buildings, land, landmarks and/or structures), which may involve obtaining a signed “Model Release” from the participant and/or release from copyright where applicable; and

5.1.5ensure that your staff and agents cooperate with and assist Elev8.

5.2You and Elev8 will agree to uphold all relevant laws applicable to this Agreement including the provisions of the Civil Aviation Act 1988 and obtain necessary insurances. Each party will indemnify the other if they fail to uphold these obligations, laws and/or obtain necessary insurances.

5.3Where Elev8 uses Drones owned and sourced by Elev8, Elev8 agrees to ensure any Drones used in the performance of the services are registered as required under the Civil Aviation Act 1988 and under relevant Australian law. If you require Elev8 to use other Drones (or associated equipment) to perform the services, you will be required to ensure the Drones you supply are registered under that same Act and at law. You will indemnify Elev8 for any damage or loss as a result of your failure to ensure that the Drones sourced by you have satisfied necessary registration requirements, standards and specifications at law and by the Civil Aviation Safety Authority (“CASA”).

6. 6.Limited Liability & Indemnity:
   

You and Elev8 agree that this clause 6 will continue even after this Agreement comes to an end.

6.1If Elev8 has been found negligent in providing the services (except where death or personal injury has resulted), Elev8’s liability is limited to the fees paid by you for the services.

6.2Elev8 will not be liable for any: interruption, delay or interference to the services beyond Elev8’s reasonable control; or any damage/loss resulting from your conduct, information or instructions, and you agree to indemnify Elev8 for same.

6.3If in the circumstance you request that Elev8 perform the services and Elev8 has advised you that (for reasons beyond their control such as fire, flood, wind or storm), it would be unsafe or detrimental to any person or property to perform the services, and you continue to request that Elev8 perform the services, you agree to indemnify Elev8 for any damage to property (including Elev8’s property) and/or injury suffered by Elev8 or any other person.

6.4In circumstances where you have supplied Elev8 with the Drones (or other equipment) to be used to perform the services, you wholly indemnify Elev8 for the functionality, maintenance and operation of that Drone(s); and acknowledge that you are wholly liable for any damage or loss arising out of or as a result of the Drone’s malfunction, failure or defect (however slight). You agree that where you provide Drone(s) for use to Elev8, you are required to satisfy conditions imposed under CASA and at law for the maintenance, registration and operation of that Drone.

6.5Neither party will be liable to the other for damage/loss suffered which is of an indirect or consequential nature.

7.Termination:

Either party can terminate this Agreement by giving 21 days’ written notice to the other party. If you terminate this Agreement, you agree to make payment of all outstanding fees and/or payment of services partly performed prior to termination. Termination may occur in circumstances including: if either party breaches this Agreement and fails to rectify the breach in 7 days; or if a party becomes insolvent/bankrupt at law.

8.Operation of Agreement:

8.1You agree not transfer or assign your rights/obligations under this Agreement unless you provide written notice to Elev8 (by post or email) and Elev8 has accepted the transfer/assignment, in addition to the new party agreeing (in writing) to be bound by these terms.

8.2Both parties agree to adopt best efforts to resolve any disputes that may arise.

8.3Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding.

8.4This Agreement is the entire Agreement, in addition to any quotation provided to you and Elev8’s Customer Obligations. You agree that you can not rely on any other representation(s).

8.5The parties acknowledge that the Agreement is governed by the laws of New South Wales and submit to the non-exclusive jurisdiction of that State.