Please read these Terms and Conditions carefully before using the Drone Digital website, placing an order, or opting in to our text messaging program. Drone Digital LLC is the legally registered business entity; references to “Company,” “we,” “us,” or “our” refer to Drone Digital LLC, doing business as Drone Digital. “You” or “Client” refers to the agent, broker, owner or business placing the order.
Acceptance of terms
By accessing our website, placing an order or using our services, you agree to these Terms. If you do not agree, please do not use our services.
Services
Drone Digital provides real estate photography, drone aerial photography, floor plans, virtual staging, 3D and interactive tours, and related listing media in the Austin, Texas area and surrounding communities. Pricing shown on our website and client portal is current as of the date shown and may change; the price confirmed at the time of booking applies to that order.
Drone work is performed by an FAA Part 107 certified remote pilot and is subject to airspace restrictions, weather and safety considerations. If aerial photography cannot be safely or legally completed at a property, we will tell you and remove the aerial charge.
Property readiness
The Client is expected to have the property “camera ready” before the start of the arrival window. This includes all cleaning and furniture staging. We ask that you have your clients review our Getting Ready checklist.
If the Drone Digital photographer arrives at the appointment and the home is not ready, the property will be shot “as is.”
We value your input on the best angles to photograph the property. If you would like to give input, meet the photographer at the beginning of the appointment or add notes in the comments section of the order. Absent your input, the photographer will use their best judgment and experience to decide which angles best highlight the property.
Order details and accuracy
The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect it (for example, if the order says the property is 1,200 square feet but it is actually 2,400 square feet).
Our pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, contact our office for a personalized quote.
Reschedule and cancellation policy
Confirmed appointments canceled or rescheduled within 24 hours of the appointment start time are subject to a $50 cancellation fee.
Appointments that cannot be completed because of weather (for example, the drone cannot fly due to rain or wind, or rain is too heavy to capture exteriors) will be rescheduled after contacting the agent, and the $50 cancellation fee will be waived.
Payment terms
You will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice. After 15 days of non-payment, a late fee of $25 per month will be assessed.
If there is a balance on your account that is more than 45 days outstanding, Drone Digital LLC will freeze all media and pause the ordering process until the balance has been paid. After 90 days of non-payment, the account will be sent to collections.
Pay at Close: if you select Pay at Close, nothing is due up front and the invoice is settled from the proceeds at closing, and you agree to have it included on the settlement statement. If the listing is withdrawn, expires or otherwise does not close, the invoice becomes due from you under the payment terms above.
Service area and trip fees
There is no trip fee for properties within 40 driving miles of downtown Austin, Texas. Beyond 40 miles, a trip fee of $0.80 per mile applies, measured as driving distance from downtown Austin.
Properties more than 150 driving miles away are reviewed case by case and may not be serviceable. Trip fees are subject to change; contact us for current rates.
Delivery times
All media will be delivered within 24 to 72 hours of the appointment, including HDR photography, aerial and drone packages, twilight edits, virtual staging (when the photos to be staged are chosen the same day the photos are delivered), 3D tours and floor plans.
Reasonable edits and revisions, such as twilight conversions, item removal and virtual staging adjustments, are included for the life of the listing. Requests go to our editing team by email and most are returned within 24 hours. Requests that change the scope of the original order may be billed as a new order.
Hosting
Drone Digital LLC guarantees media hosting for one year from the appointment date, except for 3D tours, which are hosted until the property sells, up to a maximum of six months. Once the hosting period expires, you are responsible for permanent storage of the media.
Accuracy of floor plans and measurements
Floor plans and square footage are produced from on-site scans and are provided for marketing purposes only. They are approximate and are not a survey, appraisal or legal measurement. Verify square footage independently before relying on it.
Rights and usage: grant of rights
You grant to Drone Digital LLC and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sublicensable, worldwide right and license to create, reproduce, display, transmit and distribute the Work through any and all media now known or later developed. The “Work” means the photos, video, 3D content, floor plans, graphics, audio, animation, constituent files and other visual content of the property produced under these Terms, including any derivative works.
All rights not expressly granted here are reserved to Drone Digital LLC, including copyright and ownership of the Work. Drone Digital LLC reserves the right to use the Work for its portfolio, samples, self-promotion, contests or exhibitions, editorial use, and display on or in its premises, and to assign, transfer, license, distribute or syndicate the Work and any rights in it to its commercial partners.
Except for Your License described below, you have no ownership rights in the Work and no right to sell or license the Work to any third party, or to copy, modify, reproduce or create derivatives of the Work, without the prior written consent of Drone Digital LLC.
Rights and usage: your license
In exchange for the grant of rights above, Drone Digital LLC grants you the right to use the images created from the Work and delivered to you for the purposes of marketing and promoting the property, promoting your real estate business and/or listings, your brokerage, and/or your businesses (“Your License”). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by you.
You may authorize third-party websites, such as the Multiple Listing Service (MLS) and real estate listing portals, to display the content solely to advertise the subject listing, for as long as that listing is actively listed for sale by you as the listing agent. That authorization automatically expires once the listing is no longer available for sale or the listing agreement between the property owner and the listing agent has ended, whichever comes first.
Releases, licenses and authorizations
By contracting with Drone Digital LLC to produce the Work, you warrant and represent that you are authorized to enter into this agreement with regard to the property, and you certify that you have obtained all appropriate and necessary releases, permissions, waivers, licenses and authorizations (“Clearances”) for the grant of rights and Your License, including Clearances from the owner of the property and any other owners of intellectual property rights contained in, on or around the property and captured as part of the Work, including the underlying architectural work.
You further warrant and represent that the property owner and any occupants of the property have waived any expectation of privacy in relation to the images captured and distributed under these Terms. You agree to indemnify and hold harmless Drone Digital LLC against any and all claims, costs and expenses, including attorney's fees, due to uses of the Work for which you did not obtain the appropriate Clearance, including uses that exceeded the Clearances actually obtained.
Indemnification and hold harmless
In addition to the Clearance obligations above, you shall indemnify and hold Drone Digital LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors and assigns harmless from and against any and all liability, claims, injuries, damages, loss and expense (including court costs and reasonable attorney's fees) resulting from the performance of this agreement, from any distribution or use of the Work resulting from your breach of any warranty, representation or certification in these Terms, or from the negligent or intentional acts or omissions of you or your officers, agents, independent contractors, employees, family members, invitees, licensors, the property owner and/or guests.
Text messaging (SMS) program
By providing your mobile number and opting in, you consent to receive automated and non-automated text messages from Drone Digital LLC, doing business as Drone Digital. Messages may include:
- Booking confirmations, scheduling updates and reminders
- Delivery notifications and edit updates
- Responses to your questions and requests
- Follow-up after a shoot
- Occasional promotions and offers
Message frequency varies. Message and data rates may apply. Reply STOP at any time to opt out; you will receive a one-time confirmation and no further messages. Reply HELP for help, or contact us at (512) 337-4793. Consent to receive text messages is not a condition of purchasing any goods or services. Mobile carriers are not liable for delayed or undelivered messages.
You must be 18 or older to opt in, and you represent that you are the owner or authorized user of the number provided.
Use of your information
We do not sell, share or otherwise distribute your mobile information or SMS opt-in data to third parties or affiliates for marketing purposes. Sharing with subcontractors for necessary service operations, such as customer service and message delivery, is permitted. See our Privacy Policy for details.
Limitation of liability
Our total liability for any claim arising from a shoot or our services is limited to the amount you paid for that order. Drone Digital LLC is not liable for indirect or consequential damages, including lost sales or commissions, or for delays caused by weather, airspace restrictions, property access or events outside our control.
Changes to these terms
We may update these Terms at any time. Changes take effect when posted on this page. Continued use of our services after changes are posted means you accept the revised Terms.
Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law provisions.
Contact us
For questions about these Terms, contact us at:
- Email: info@drone-digital.com
- Phone: (512) 337-4793
- Location: Austin, Texas
See also our Privacy Policy.