Terms of Service

The following is a copy of our Terms of Service, namely the Production Service Agreement.

This Production Service Agreement (the "Agreement") is made and entered for each individual Project upon booking and signing by Brave Sir Media, DBA Asheville Aerials (herein referred to as Asheville Aerials), and the Client(s), collectively the "Client."

Upon booking, we agree to provide Services described herein for the production of final deliverables associated with the booked project (the "Project" or "Production").

PROJECT Upon booking, We agree to fulfill the necessary duties required to complete the Project as described in the Invoice.

PERFORMANCE OF SERVICES Asheville Aerials will perform the services outlined in the Invoice, in a reasonably and timely manner according to the scale of the Project. The Project will be captured and edited in digital format and will be submitted to the Client for review. The Client shall review the preliminary Project no later than 3 business days after it is submitted and advise Asheville Aerials if the Project is acceptable or if additional editing is requested. Asheville Aerials shall provide up to 2 additional edits of the preliminary Project without additional charge, with said additional editing to be completed no later than 2 business days after being requested by the Client.

INDEPENDENT CONTRACTOR The Client acknowledges that Asheville Aerials operates as an independent contractor in connection to the Client. The Client is solely responsible for obtaining and maintaining any required registrations, licenses, insurances, or other authorizations necessary to perform and complete the Project as described in the Invoice.

JOB SITE REQUIREMENTS The Client understands its obligations and responsibilities to prepare the job site for production prior to the scheduled time of arrival. The Client agrees that Asheville Aerials is only responsible for documenting the property in as-is condition upon arrival to the job site on the dates agreed upon in the Invoice.

PAYMENT The balance due for the Services shall be due and payable upon delivery of the final Project. Asheville Aerials will send an final Invoice upon delivery, and all payments to Asheville Aerials shall be by check payable to “Brave Sir Media, DBA Asheville Aerials” or electronically through PayPal or Venmo. Invoice must be paid within 30 days of receipt.

TRAVEL In the event that travel is needed outside our standard service area or production radius, there will be an additional fee of $100 USD per hour accumulated. The fee(s) covers the additional time needed for additional production crew members. Company may use its discretion to accept or decline projects that are outside of its standard service area or production radius. Asheville Aerials agrees that the Client will be notified if such a charge is necessary.

CANCELATION AND POSTPONEMENT POLICY he Client reserves the right to terminate this Agreement should the Client choose not to move forward with Production. The Client shall notify Asheville Aerials at least 24-hours in advance from the scheduled date(s) of production if the Client wishes to cancel or postpone the Production.

WEATHER POLICY If there is predictable bad weather, it is the responsibility of the Client to reschedule within 24-hours notice before the arranged start time. Asheville Aerials reserves the right to postpone the production date due to weather or unsafe flying conditions at any time.

ROYALTY FREE MUSIC Asheville Aerials uses royalty-free music licensed to the Company for the use and distribution with Company’s own works of authorship such as but not limited to listing video tours or commercial production videos. Asheville Aerials may license, reproduce, distribute, perform, or display its own works of authorship with the music incorporated, but does not have the right or authority to sublicense or assign the use of music for standalone distribution. Company and Client are not permitted to use the music as a standalone asset in any way. Company agrees to indemnify and hold Client harmless in the use of any music provided by Company to Client in the course of providing the Services under this Agreement.

OWNERSHIP, COPYRIGHT, AND LICENSING Unless otherwise stated in the Invoice, Asheville Aerials retains ownership and copyright of any and all original material it creates and/or produces, now and in the future. Original material includes created images, video recordings, audio recordings, photographs, visual effects, motion graphics, soundtracks, printed material and any other material commissioned by the Client in pursuant to the Project and created by Asheville Aerials. The Client is responsible for getting any necessary permissions and/or licenses for the inclusion of any outside copyrighted material, trademarks, performers or performances the Client wants included in the Project created by Asheville Aerials to be delivered to the Client. Unless otherwise agreed upon, We retain the right to use any original material in its raw or edited form for the purposes of marketing or use as website material for Asheville Aerials and affiliates and any third party vendors involved in the creation of the Product or Service. We hereby grant the Client an exclusive, non-transferrable, non sub-licensable license to use the Project created by Us for the Client, as specified in the Invoice. The Client may use the Project, in perpetuity, for any promotional and/or exhibition purposes, but only in its complete, finished form, and never in part, and only if the Asheville Aerials logo or company name is credited wherever the Project is viewed, except where such credit is prohibited. The Client shall not sell, trade, or create derivative works from any original material, created or owned, by Asheville Aerials. For exclusive ownership rights of the Project or RAW files, broadcast licensing rights, or for distribution rights, a separate contract must be written regarding the specific issue. Upon acceptance and agreement of the new contract by both Parties, a separate quotation will be issued regarding the new contract. All design concepts such as logos, themes, plans, models, or any other original material created by Us, shall remain vested in Us, and the Client shall only be permitted to use the original material and design concepts created by Us for the purposes outlined in the Invoice.

LIMITATION OF LIABILITY In no event will Asheville Aerials be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages; the cost of procurement for substitute products or services, interruption of use or loss or corruption of data. Asheville Aerials shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

ADDITIONAL USAGE If Client wishes to make any additional use(s) of the Project, the Client agrees to seek permission from Asheville Aerials and enter into a new agreement with updated usage permissions.

LOCATION RELEASE It is the Client’s responsibility to obtain permission for Production from the property owner, tenant, occupants, or neighbors associated with the job site. Asheville Aerials may request the Client to obtain a Location Release from the lawful Grantor on behalf of Company for the purposes of photographing, filming, and recording. Asheville Aerials will make every effort to maintain the privacy of the property owner, tenant, occupants or neighbors thereof. Asheville Aerials may request the Client to inform neighbors of production should it be deemed necessary by Company to proceed with Production.

ALTERNATIVE DISPUTE RESOLUTION Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall first be settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by a mediator mutually agreed upon by the parties who act in good faith to reach agreement on a mediator. If the parties are unsuccessful at resolving the dispute through Mediation, the parties agree as follows:
(a) All disputes among the parties arising out of this Agreement shall be submitted to binding arbitration, utilizing rules and procedures of the Revised Uniform Arbitration Act (N.C.G.S. § 1-569.1, et seq.), except as may be amended by this Agreement.

(b) Asheville Aerials and the Client shall first attempt to agree upon a single arbitrator.  If Asheville Aerials and the Client are unable to agree upon a single arbitrator within ten (10) days after a written request for arbitration is delivered to the other party, each party shall submit in writing the name of an arbitrator to the other party within fifteen (15) days of the request for arbitration.  Within fifteen (15) days of disclosure of each party’s arbitrator, the two named arbitrators shall select a third arbitrator and the three arbitrators shall constitute the arbitrators for resolution of the dispute. 

(c)  The location of the hearing before the arbitrator shall be in Buncombe County,  North Carolina as selected by the arbitrators, or such other location as Asheville Aerials and the Client agree to.

(d) Each party shall bear the cost of its own costs, attorney’s fees and any fee for any witness such party may call to testify at the arbitration hearing.

(e) Asheville Aerials and the Client shall each pay the costs and fees of the arbitrator that they named and each pay one half of the costs and fees of the arbitration, including any fee paid to the arbitrator selected by the two arbitrators named by the parties.

(f) Each Asheville Aerials and the Client hereby contract and agree that any award made final under the terms and conditions of this Agreement and the provisions of N.C.G.S. § 1-569.1 et seq. shall be binding upon each party and shall be a final settlement of all matters in controversy between them and each party hereto thereupon binds herself to perform all matters and things awarded and ordered to be done by the arbitrator or by the courts of North Carolina, and upon a party’s full performance of its obligations so ordered, that party shall thereupon be released from any further liability whatsoever to any other party, arising out of all matters which are or may be in controversy between them.

APPLICABLE LAW  This Agreement shall be interpreted under and is governed by the law of the State of North Carolina.

ADDITIONAL SERVICES  Any services in addition to the Services described above shall be performed only after a new agreement is entered into between the parties hereto.

MODIFICATIONS  This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by Brave Sir Media, DBA Asheville Aerials in connection with the Services.  It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction.  No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above.  Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.

Last updated on 1/5/2022

Brave Sir Media, LLC DBA Asheville Aerials
AshevilleAerials@gmail.com
BraveSirMedia@gmail.com