1. Quotations, Briefs, Site Surveys and Photographic Material Supplied:

Written quotations are valid for 30 days and will be supplied for all aerial assignments on receipt of a clear and accurate written brief from the Client. Written briefs are required to ensure photographic objectives are well defined for both the Client and Sky Eye and to avoid errors. Depending on the type of aerial method used (eg fixed wing aircraft, helicopter, helium balloon, telescopic mast or UAV), the brief may need to include full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, Ordnance Survey Grid references (6-figure) and any other material required to accurately identify the site from the air. The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (eg for telescopic mast or balloon work requiring Health & Safety documents, eg Method Statements and Risk Analysis) or permission required (eg by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing work, but exclusive of delivery of materials, which will be charged at estimated cost (due to the variation in client's requirements). For helium balloon work, unless otherwise stated, the quotation will be for the amount of aerial photography achievable within one day. The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which Full Personal Reproduction Rights will be granted. Value Added Tax will be applied at the prevailing rate on the inclusive fee. A series of assignments is treated as a set of individual contracts. If a site survey is needed (balloon or mast work) prior to the quotation, the cost will be agreed and invoiced in advance. If the resulting work materialises, the cost will be deducted from the final invoice. Unless otherwise requested, still photographic material will normally be shot on professional digital camera equipment as RAW files and supplied as high-resolution (300ppi) tiffs or low compression jpegs on CD-Rom(s). If required and when agreed, a printed image reference chart of corresponding thumbnail images and/or a selected 10 inch proof print will be provided. If film is requested, images will be shot on a professional medium-format camera (or specified) and supplied as un-mounted colour prints or mounted 6 x 6 cm transparencies. Video material will normally be supplied as unedited rushes on DVD, tape or the original format (original material to be returned to Sky Eye after copying within 4 weeks). Retouching, digital manipulation and stitching of supplied images is available at an additional cost, when feasible. While we will endeavour to provide an accurate colour rendition of the original scene, we cannot guarantee to match the colour perceived by the human eye. All original photographic material (ie negatives, high-resolution digital RAW/tiff files and/or Videotape) remains the property of Sky Eye. Reorders, reprints and enlargements etc from the original material can be supplied on request. Reorders will be treated as an extension to this contract and should include Image Reference Numbers and are required in writing. A written quotation will then be supplied. Finished materials are normally dispatched within 10 working days of completion of the location work.

2. Commissioning Forms, Confirmation of order, Deposits, Payments and Cancellations:

A completed Commissioning Agreement form with a deposit of approximately 33% (50% in the case of helicopter work), rounded, of the net quotation is required to confirm an order. Payment of the deposit is required before work commences. The balance is due within 30 days of the invoice date (which will be the date when finished materials are despatched). In the case of work being required by the client to be done in phases, and should the period between paying the deposit and the final phase being completed be extended beyond 2 months (due to the client not enabling completion for any reason), then an interim payment (part of the balance) may be required after 2 months of the deposit being paid. Sky Eye reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998]. Sky Eye retains all rights in photographic material supplied until payment is received in full. Notice of cancellation by the Client must be received in writing at least 14 days prior to any planned assignment date to avoid a possible loss of deposit or part of deposit. Prior to a deposit being paid, cancellation may be subject to a charge to recover expenses incurred by any significant amount of preparatory work undertaken on behalf of the Client.

3. Permission Required to Conduct Aerial Photography:

In the case of aircraft work, flight permission is generally granted within a day or so, however with helium balloon photography, permission from the Civil Aviation Authority, local Police, other authorities and relevant landowners, when needed, can take several weeks (CAA requires up to 28 days written notice of intention to fly captive helium balloons). This is usually granted but certain height and/or other conditions may be applied. When operating 5 or more kilometres from Controlled Airspace, captive balloon flights below 60 metres can be made without CAA permission. Urgent work, therefore, can sometimes be carried out at short notice. Mast photography may require Police, Local Authority and Parking Enforcement permission to operate in a public place. All work is subject to obtaining permitted and legal access from which to safely operate the aerial equipment.

4. Legal: Reproduction Rights, Moral Rights and Copyright (Copyright, Designs and Patents Act 1988) and Property Misdescriptions Act 1991:

Full Personal Reproduction Rights of the commissioned material passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses stated on the quotation and Commissioning Form. ‘General Marketing’ use excludes use for ‘merchandising’ (eg reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated. Legal use of the images by any third party, not directly on the Client’s behalf, will only be granted following written permission from Sky Eye. This will incur a negotiated Reproduction Fee. Client's using Sky Eye copyrighted images in their Image Library will agree to pay 50% of any hire-out royalties to Sky Eye. Moral Rights (inc. Paternity Right) will always be asserted in that the name of the author of the photography (ie Sky Eye Aerial Photography Ltd), commissioned or otherwise, is suitably credited whenever images are published, displayed, used in video or DVD productions, transmitted or broadcast. A copy of the finished production will be required, unless otherwise stated. Reproduction Rights are non-exclusive. By accepting these terms, the commissioning Client permits Sky Eye, who retains copyright of all photographic images supplied, the right to use any images for photographic library use, publications and other uses without reference to the Client. We abide by the Property Misdescriptions Act 1991. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under this Act.

5. Limitation of Liability, Weather, Force Majeure, Act of God and Other Constraints:

As with any outdoor location photography, a successful outcome is dependent upon suitable weather conditions and for them to be forecast accurately. Sky Eye has a contract with The Met Office to provide detailed short and medium range forecasts, but accuracy is limited when predicted more than 24 hours ahead. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, or there is some other reason why the work could not be completed due to Sky Eye's fault, there will be no additional charge to the Client for a return visit to complete the work. If the work could not be completed due to Client reasons (eg lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time. Sky Eye will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, Sky Eye cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequences involving the timing of the commission. The completion of work is subject to alteration or cancellation due to any cause(s) beyond our control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract. This should be taken into consideration when describing these images in marketing material, and with regard to the Property Misdescriptions Act 1991. With balloon work, the amount of work quoted (eg number of shots and heights etc) to be done will be the amount considered possible in one good working day and the fee quoted accordingly. If, due to operational conditions, if it becomes evident that all the work cannot be completed in one day, then work will be prioritised to ensure the most important shots are achieved. If completion of the work requires additional time, and with agreement of the Client, the subsequent day rate will be charged at 50% of the original day rate. The quality (eg exposure and sharpness) of photographs taken after sunset (which require the camera to be relatively still at the point of exposure) cannot be guaranteed and usually will not be attempted. Images required to be taken in a southerly direction (is into the sun), will undoubtedly suffer, to some degree, from lens flare and other detrimental effects. In certain situations, Sky Eye reserves the right to sub-contract the work to another suitably qualified aerial photographer and this will be deemed to fulfil the contract. In exceptional circumstances, Sky Eye may not be able to completely fulfil or complete a contract at all. In these cases, it will refund part or all of any deposit received and not except any other liability. In any event, the liability of Sky Eye will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss. Sky Eye does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client's written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police. Whilst back-up copies of CDs are usually kept, Sky Eye accepts no responsibility and liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.

Sky Eye has all necessary insurances, including Public Liability Insurance, with an indemnity of up to five million pounds.

P O Box 10 • Goring–on-Thames • Reading • RG8 0EF • UK • Tel / Fax: 01491 873277 • E-mail: ronbridle@findaerialphotography.com • www.skyeyephotography.com

Director: R Bridle • Company No: 4326746 • Reg Office: 118b Oxford Road, Reading, RG1 7NG • VAT Reg No: 777092690 • Terms and Conditions are subject to change at any time.

NB: These Terms and Conditions are subject to change without notice.

Please contact Sky Eye for the current version. Thank you.

Website Terms & Conditions

Copyright

All Web site design, text, graphics, photographic images, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright Sky Eye Aerial Photography Ltd and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.

Permission is not granted to electronically copy and to print in hard copy portions of this Web site. Any use of materials on this Web site--including reproduction, modification, distribution, or republication--without the prior written permission of Sky Eye Aerial Photography Ltd is strictly prohibited.

Conditions of Web Site Use

Governing Law and Contract Formation

No contract will subsist between you and Sky Eye Aerial Photography Ltd for the sale by it to you of any product unless and until Sky Eye Aerial Photography Ltd accepts your order by e-mail confirming that it has agreed to a contract. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Sky Eye Aerial Photography Ltd sends the e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Sky Eye Aerial Photography Ltd irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Disclaimer

TO THE FULLEST EXTENT PERMITTED AT LAW, SKY EYE AERIAL PHOTOGRAPHY LTD IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SKY EYE AERIAL PHOTOGRAPHY LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

Availability of information is subject to change without notice.

Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Sky Eye Aerial Photography Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Sky Eye Aerial Photography Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Sky Eye Aerial Photography Ltd its affiliates, directors, employees or other representatives.