TERMS & CONDITIONS
Below you can read the terms and conditions that apply
when you're cooperating with Kiwi Aerial Shots
Please save/print a copy of these terms for your records.
PLEASE NOTE: These are our standard Terms of Service, however please contact us if you would like to discuss amendments or alternative agreements to these terms in order to be in line with your specific project or organisation’s own requirements.
DEFINITIONS
- Client: The business, organisation or person who engages KiWi Aerial Shots to carry out the work of the production, project, service for them.
- Project / Production / service / Video / Goods: The end product or production, event or video which is ordered and used by the client.
- Contract: A written arrangement agreed between KiWi Aerial Shots and the client in the form of a purchase order or written brief.
- Third party: Any company, organisation or person not affiliated with or controlled by KiWi Aerial Shots or the client.
DRONE OPERATIONS & SAFETY
1). Kiwi Aerial Shots is a European certified drone company operating at the highest EASA certification level for commercial drone operations. All drone flights are conducted in accordance with Kiwi Aerial Shots’s certified Drone Operations Manual, based on EASA and IL&T regulations in the SPECIFIC category.
2). Kiwi Aerial Shots only conducts drone flights with the required authorisations and permits in place for each specific location. Where local ground permits or approvals are required, it is the responsibility of the production or client to arrange these in coordination with the relevant local authorities or fixers, unless otherwise agreed in writing.
3). For international productions, Kiwi Aerial Shots will arrange a crossborder approval of the local Civil Aviation Authority. If this cannot be arranged, the client is responsible for arranging all necessary drone flight permits through a local operator or with airspace permission from local authorities. Kiwi Aerial Shots will provide all necessary documentation regarding its certifications, insurance and operations manuals upon request.
4). Flight safety is always the first priority. The Kiwi pilot has the final say at all times on whether a flight can be executed safely. Factors such as strong winds, rain, mist, poor visibility, difficult terrain or decisions by Air Traffic Control (ATC) or local authorities may result in a no-fly decision. Kiwi Aerial Shots cannot be held responsible for any production costs or delays resulting from grounding decisions made on safety grounds or by local or aviation authorities.
5). In the event of inclement weather which in the opinion of Kiwi Aerial Shots would pose a risk to the health and safety of personnel or equipment, Kiwi Aerial Shots reserves the right to change the date or time of filming to a more suitable alternative.
6). Kiwi Aerial Shots takes health and safety matters seriously and reserves the right to remove any personnel and/or equipment from a location if deemed unsafe or if crew are subjected to abusive or aggressive behaviour. The client will be fully liable for any costs incurred as a result.
PERMITS & PERMISSIONS
7). It is the client’s responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material forming part of the final production.
8). Any contract requiring Kiwi Aerial Shots to work to specific deadlines will include the proviso that the client makes themselves reasonably available to communicate with Kiwi Aerial Shots as necessary.
EQUIPMENT, LIABILITY & RISK
9). Kiwi Aerial Shots carries its own insurance covering the drone and equipment against damage caused by technical malfunction or pilot error.
10). Should the drone or any of its components be damaged by third parties, environmental conditions (such as extreme weather, sand, water, heat or humidity) or as a result of production-related incidents, this falls under the client’s production insurance. The client is responsible for ensuring adequate production insurance is in place for the full duration of the production.
11). In all cases where Kiwi Aerial Shots is unable to fly or deliver services due to circumstances beyond its control — including equipment damage caused by a third party, confiscation or retention of equipment by customs or local authorities, force majeure, acts of God, war, fire, flood, or any other external cause — Kiwi Aerial Shots cannot be held liable for the inability to film or deliver. The full agreed rate remains due unless otherwise agreed in writing.
12). When Kiwi Aerial Shots equipment is confiscated, retained or impounded by customs, police or local authorities, Kiwi Aerial Shots is not responsible for any production costs that occur as a result of its absence or inability to deliver services.
13). Kiwi Aerial Shots accepts no liability for damage caused intentionally or through serious negligence by Kiwi Aerial Shots itself or any member of its production team. All other liability is excluded to the fullest extent permitted by law.
14). Kiwi Aerial Shots cannot be held liable to any party for loss or damage caused as a result of third party action or failure.
15). In the event that Kiwi Aerial Shots experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel. The equipment used on the day of filming is at the discretion of the senior crew member, and no further claims or liability will be accepted.
COPYRIGHT & OWNERSHIP
16). In alignment with Dutch law, when a client commissions Kiwi Aerial Shots to create a copyright work, the first legal owner of copyright is Kiwi Aerial Shots, unless otherwise agreed in writing. For commissioned productions, Kiwi Aerial Shots assigns joint copyright and an in-perpetuity usage licence for all platforms and territories. If full copyright and ownership of material is required, please contact us to discuss arrangements in writing.
17). In consideration of full payment of all fees due, Kiwi Aerial Shots assigns to the client a perpetual, worldwide licence to use the accompanying image(s), sound(s) and video(s) for permitted commercial purposes including: video, broadcast and theatrical use; advertising, promotion and company communications; and use as part of a commercial website for promotional purposes.
18). The client may not resell, relicence or redistribute without express written permission from Kiwi Aerial Shots. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner, nor incorporated into trademarks, logos or service marks.
19). The client indemnifies Kiwi Aerial Shots against claims by third parties regarding intellectual property rights on products or footage provided by the client and used in the production.
20). Kiwi Aerial Shots retains the right to use any content of the project (in part or in full) in perpetuity and in any medium for its own promotional use, unless otherwise agreed in writing.
CONFIDENTIALITY
22). A project will only be publicly released once both parties approve all content as complete and satisfactory and confirm this in writing. Clients are not permitted to release any preview or work-in-progress content to the public or their end user.
23). On delivery of the final master video, any technical issues will be corrected free of charge. Kiwi Aerial Shots reserves the right to quote and charge accordingly for any ongoing additional post-production outside of the agreed contract.
24). Once complete video sign-off has been received in writing and a final master file delivered, any further changes will be subject to a new re-mastering fee to cover the costs of making amendments, re-exporting files and processing quality control.
25). Rushes (all filmed footage) are not supplied to the client as standard. Rushes can be supplied for an additional fee plus the cost of a hard drive and postage. Electronic project files remain the property of Kiwi Aerial Shots and copies will be provided at the discretion of Kiwi Aerial Shots.
26). Kiwi Aerial Shots cannot be held liable for any errors on any medium after the client has agreed in writing that the content is correct and should be published or broadcast.
27). Any claims must be made in writing to Kiwi Aerial Shots within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
FOOTAGE & STORAGE
28). Once the client takes all footage away from Kiwi Aerial Shots, the responsibility and safeguarding of the material passes fully to the client. Kiwi Aerial Shots reserves the right to delete all material associated with the project from its servers and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of footage will be maintained for a minimum of 3 months after the final delivery date.
29). Kiwi Aerial Shots reserves the right to watermark all or any preview or completed videos until the total bill is paid in full, at which point the clean final version will be released to the client.
GENERAL PROVISIONS
30). Kiwi Aerial Shots will execute its projects in the best possible way as a professional contractor. When the client is not completely satisfied with the outcome they cannot claim any compensation on the agreed invoice.
31). Kiwi Aerial Shots cannot guarantee and cannot be held responsible for the fact that the service provided will not lead to the desired result such as an increase in revenue or brand awareness.
32). Kiwi Aerial Shots has the right to hire a third party for executing an assignment without asking permission or notifying the client. When Kiwi Aerial Shots works with a third party assigned by the client, Kiwi Aerial Shots cannot be held responsible for the actions or negligence of that third party.
33). Kiwi Aerial Shots reserves the right to refuse to use, publish or broadcast any information it considers obscene, morally unsuitable, in breach of copyrights, libellous, defamatory or illegal.
34). Kiwi Aerial Shots shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers, or owing to any inability to procure materials required for the performance of the contract.
35). Exceedance of a deadline by Kiwi Aerial Shots will never give the client the right to demand a claim or compensation on the agreed invoice. When Kiwi Aerial Shots suspects it cannot deliver the promised service in time, it will always contact the client as soon as possible.
36). Unless otherwise agreed in writing, the client accepts Kiwi Aerial Shots’s decisions on creativity within the product(s) or service(s).
37). Unless you specify otherwise, it is standard procedure for Kiwi Aerial Shots to include a small text credit at the end of all videos.
38). Once a video is published in the public domain, it is assumed acceptable (unless otherwise stated) for any talent featuring in the video to use and publicise their appearance for their own showreel and marketing use.
39). These terms and conditions are governed by the laws of the Netherlands. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the Dutch courts.
PRODUCTION DAYS & RATES
40). A standard production day consists of 10 hours including travel time for all involved Kiwi crew members. A half day is 5 hours. For productions charged by the day, any session exceeding one hour on location will be charged at the half-day rate. Any half day exceeding 5 hours will be charged at the full day rate.
41). For international expedition productions, Kiwi Aerial Shots works with weekly rates rather than fixed day rates. The weekly rate covers the full agreed team, equipment and all production days, travel days and rest days within that week regardless of the exact mix. Should the production extend beyond a full number of weeks, any additional individual days in a partial week will be charged at the standard day rate.
42). Drone pilots need adequate rest between flying days. If a production day is expected to exceed 10 hours this must be communicated at least one day in advance. For night shoots a pilot cannot fly for more than 5 consecutive hours. If additional hours are required a second pilot must be added to the team.
43). Pre-production time (up to 2 hours) is included in every Kiwi production. Additional pre-production time will be charged at an agreed hourly rate communicated in advance, or as a fixed pre-production fee as stated in the relevant quotation
PAYMENT & DEPOSITS
44). Unless agreed otherwise in writing, Kiwi Aerial Shots reserves the right to request a deposit prior to commencement of any work. The deposit percentage and payment structure will be stated in the relevant quotation and may vary depending on the type, scale and duration of the production. For larger and international expedition productions a multi-stage payment structure may apply, as set out in the quotation. The remaining balance is payable upon completion of the production. Specific payment terms may be varied per contract as agreed in writing.
45). Payment may be made by bank transfer.
46). If full payment is not received within the timeframe stated on the invoice, Kiwi Aerial Shots reserves the right to remove all or any discounts offered on the original agreed quotation. These amounts will be invoiced separately and in addition to the original invoice.
47). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of Kiwi Aerial Shots. Any material published that has not been fully paid for will be copyright-claimed by Kiwi Aerial Shots to the publishing platform.
48). If production time is quoted, agreed, invoiced and paid for, any unspent production time will be issued as a credit note (at the discretion of Kiwi Aerial Shots) for future use. No refunds will be given.
49). Production fees are exclusive of disbursements and expense items such as travel, accommodation, subsistence, food and beverages, freight costs, messenger services, postage, overseas telephone charges, disc or tape duplications and similar items, which will be invoiced to the client on the relevant project or separately as necessary.
CANCELLATION & TERMINATION
50). In the event of cancellation of a service or termination of the agreed contract by the client, Kiwi Aerial Shots reserves the right to make the following cancellation charges:
For standard domestic productions:
• Cancellation within 24 hours of the shoot: up to 50% of the total agreed amount.
• Cancellation after production has commenced: up to 100% of the total agreed amount.
For international and expedition productions:
• Cancellation more than one month before departure: 25% of the total agreed amount.
• Cancellation within one month of departure: 50% of the total agreed amount.
• Cancellation within 24 hours of departure or after the Kiwi team has already arrived on location: 100% of the total agreed amount.
51). The client may terminate the contract at any time by written notice, and on settlement of account. When the client terminates the contract they remain liable to pay in full for all work previously undertaken and in progress by Kiwi Aerial Shots unless a written agreement is reached in advance.
52). Kiwi Aerial Shots reserves the right to cancel or terminate a contract if: (a) the client becomes insolvent or subject to bankruptcy proceedings; (b) the reputation of Kiwi Aerial Shots could be damaged.
53). Acceptance of a quotation and/or issue of a purchase order from the client constitutes acceptance and agreement of these Terms and Conditions, which form the contract between Kiwi Aerial Shots and the client.
54). All quotes are free and valid for thirty (30) days unless otherwise stated.