Legal
Terms of Service
Last updated: January 15, 2025
These Terms of Service ("Terms") govern your use of the Hampton Roads Aerial website and the engagement of our drone photography and related services. By accessing our website or booking our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Acceptance of Terms
By using this website or engaging Hampton Roads Aerial for services, you confirm that you are at least 18 years of age, have the legal authority to enter into a binding contract, and agree to these Terms and our Privacy Policy.
2. Services Description
Hampton Roads Aerial provides commercial drone photography, videography, aerial inspection, and mapping services in Hampton Roads, Virginia and surrounding areas. All services are subject to:
- FAA Part 107 regulations and applicable airspace restrictions
- Weather conditions suitable for safe drone operation
- Site accessibility and cooperation from property owners or authorized representatives
- Mutual agreement on scope, deliverables, and timeline prior to each engagement
3. Booking & Payment
Booking Confirmation
A session is not confirmed until both parties have agreed in writing (email confirmation is acceptable) on the date, location, services requested, and applicable fees.
Deposit
Certain projects may require a deposit to secure scheduling. Deposit terms will be specified in your project quote. Deposits are non-refundable except in cases of cancellation by Hampton Roads Aerial.
Payment Terms
Payment is due upon delivery of final files unless otherwise agreed in writing. We accept checks, ACH bank transfer, and major credit cards. A 3% convenience fee applies to credit card payments.
Late Payment
Invoices unpaid after 30 days are subject to a 1.5% monthly late fee. Hampton Roads Aerial reserves the right to withhold delivery of files until payment is received in full.
4. Cancellation & Rescheduling
Client Cancellations
- Cancellation with 48+ hours notice: No fee
- Cancellation with 24–48 hours notice: 25% of the quoted session fee
- Cancellation with less than 24 hours notice: 50% of the quoted session fee
- No-show (no communication): 100% of the quoted session fee
Weather Cancellations
If conditions are unsuitable for safe flight (high winds, rain, fog, or active TFRs), Hampton Roads Aerial will notify the client at least 12 hours before the scheduled session and reschedule at no additional cost. There is no cancellation fee in this case.
Rescheduling
Sessions may be rescheduled with at least 24 hours notice at no charge, once per booking. Subsequent reschedules may incur a $25 administrative fee.
5. Deliverables & Revisions
Delivery
Standard delivery of edited files is within 48 hours of the flight date. Rush delivery timelines are as specified in your package or quote. Files are delivered via a secure download link.
Revisions
Included revision rounds vary by package tier (see our Pricing page). Revisions are limited to post-processing adjustments (brightness, contrast, color, cropping). We cannot re-fly a session unless there was a technical failure on our part. Additional revisions beyond the included rounds are $25 per round.
File Retention
We retain raw and delivered files for 30 days after delivery. After this period, files may be permanently deleted. Clients are responsible for maintaining their own copies of delivered files.
6. Client Obligations
By booking our services, you represent and warrant that:
- You have authority to grant access to the property or project site for drone operations
- The property does not contain undisclosed hazards, power lines, or obstructions that could endanger our equipment or personnel
- You will obtain any required permissions from third-party property owners, homeowner associations, or tenants where applicable
- You will not request or encourage flights in restricted, prohibited, or non-compliant airspace
- Any images or video you use from our sessions will comply with applicable local, state, and federal laws
7. Intellectual Property & Licensing
License Grant
Upon receipt of full payment, Hampton Roads Aerial grants you a non-exclusive, perpetual, worldwide license to use the delivered imagery and video for commercial and marketing purposes, including MLS listings, advertising, social media, print, and web publication.
Copyright Ownership
Hampton Roads Aerial retains full copyright ownership of all photographs, video footage, and derivative works. This license does not transfer copyright. You may not sublicense, resell, or claim authorship of our work.
Portfolio Rights
We reserve the right to display delivered work in our portfolio, website, and marketing materials unless you request otherwise in writing prior to delivery. Confidentiality requests must be made before the session.
Exclusive Rights
Exclusive licensing (preventing our use of the imagery in our portfolio) is available for an additional fee. Contact us before booking to discuss exclusive arrangements.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Hampton Roads Aerial's total liability for any claim arising from our services shall not exceed the total fees paid for the specific session giving rise to the claim.
We are not liable for indirect, incidental, special, or consequential damages, including but not limited to: lost sales, lost listings, missed deadlines caused by weather rescheduling, or third-party platform limitations.
We carry $1,000,000 in liability insurance. In the event of damage to your property caused by our operations, claims will be handled through our insurance carrier.
9. Indemnification
You agree to indemnify and hold harmless Hampton Roads Aerial, its owners, employees, and contractors from any claims, damages, or expenses arising from: your breach of these Terms, your unauthorized use of delivered imagery, or your misrepresentation of authority to grant site access.
10. Regulatory Compliance
All drone operations are conducted in accordance with FAA Part 107 regulations. We reserve the right to cancel or modify any flight if it would violate FAA regulations, active TFRs, or our operational safety standards — even if the client has requested otherwise. No refund of deposit is owed for cancellations required by regulatory compliance.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Hampton Roads, Virginia.
We will make a good faith effort to resolve disputes informally before pursuing legal action. Please contact us first.
12. Contact Us
Questions about these Terms? Contact us:
