Terms and Conditions
JCL Aerial Services’s Terms and Conditions of contract shall apply to all work performed by JCL Aerial Services pursuant to this Agreement unless otherwise specifically agreed in writing. This Agreement is expressly conditioned on Client’s assent to such Terms and Conditions, notwithstanding any additional or conflicting Terms and Conditions of Client, which are hereby expressly objected to and rejected by JCL Aerial Services. Where a Client issues a purchase order to authorize the Scope of Services, all Terms and Conditions apply.
Performance. JCL Aerial Services shall exercise due care in performing the Scope of Services. JCL Aerial Services will not be responsible for any misuse of the work product by others, including the client. JCL Aerial Services makes no other warranty, expressed or implied, with respect to the performance of the Scope of Services. JCL Aerial Services shall not be liable for any claim, damage, cost of expense (including attorney’s fees) or other liability or loss not directly or solely caused by the negligent acts, errors, or omissions of JCL Aerial Services. In no event shall JCL Aerial Services be liable for any incidental or consequential loss or damage to Client in connection to the performance of the Scope of Services.
Site Security and Access. Unless otherwise specified, Client is solely responsible for all aspects of site security and for obtaining any necessary authorizations from any third party owner for use of their lands.
Subcontractors. JCL Aerial Services may engage subcontractors on behalf of the Client to perform a portion of the Scope of Services.
Payment Terms. Payment shall be made for requested services online through this order form via credit card. In the event of an incomplete payment, the client will be responsible for successfully completing payment before the intended shoot date. If additional services are requested, JCL Aerial Services shall bill for services rendered pursuant to the terms later specified. Invoices over 30 days past due will be charged a monthly interest rate of 5% per annum (or the highest lawful rate, whichever is less) on the past due balance. Client hereby waives any defense of usury with regard to said rate of interest. JCL Aerial Services may, after 7 days of written notice to Client, suspend performance of services until such time as all past due amounts are paid.
In the event of nonpayment, Client shall be additionally liable for, and shall remit to JCL Aerial Services upon demand, any and all costs of collection, including reasonable attorney’s fee, title search fees, filing fees, and litigation expenses incurred by JCL Aerial Services in enforcing the terms of this Agreement.
Insurance. Upon request, JCL Aerial Services will furnish Client a written description of insurance coverages then being maintained by JCL Aerial Services that may be related to the performance of the Scope of Services. No oral representations regarding insurance shall be binding upon JCL Aerial Services
Indemnity. Client agrees to indemnify, protect, and hold harmless JCL Aerial Services from and against all liability, claims, demands, losses, damages, expenses, and costs (including attorney’s fees), related to the performance of the Scope of Services, provided however, that any injury or damage was not caused directly and solely by the negligent acts, errors, or omissions of JCL Aerial Services
Waiver. No waiver, discharge, or renunciation of any claim or right of JCL Aerial Services arising out of a breach of this Professional Services Agreement by Client shall be effective unless specifically agreed to in writing, signed by JCL Aerial Services, and supported by separate consideration.
Governing Law. This Agreement shall be deemed to have been made in Monroe County, Indiana and shall be governed by, and construed in accordance with, the laws of the State of Indiana.
Release & Permissions JCL Aerial Services has permission and the unrestricted right to reproduce the photographs and/or video images relating to the services requested herein, and can be used for the purposes of publication, promotion, illustration, advertising, or trade, in any manner or in any medium.
Termination of Professional Services Agreement. This Agreement may be terminated by either party upon seven (7) days prior written notice. In the event of termination, JCL Aerial Services shall be paid up to the effective date of the termination for all services rendered.
