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Terms and conditions

ATX Certified LLC, d.b.a ATXthejungle (the "Business") occasionally produces drone videos for clients and businesses (the "Client") at their facilities or event locations.  The Business provides rights to use these videos to the Client subject to the terms and conditions in this Agreement.  Business provides no rights whatsoever to use the videos or footage from the videos if these terms are not accepted, unless the Business and Client enter into a separate contract.

In consideration of the promises, covenants and conditions contained herein, the Parties agree as follows:

  1. Business will record 4k resolution drone footage.  Upon completion of these services, Business will provide the mutually agreed deliverables (the “Deliverable”) as digital files.   Client will pay the fees shown on the invoice or checkout page prior to any work by Business.

  2. Limitations. The services will be limited to the duration determined by the Business and shown on the invoice or receipt.  Additionally, Client understands  no edits to the Deliverable will be provided except as determined by the Business.  Business will only fly the drone and record footage in areas in which it is legally authorized.

  3. Releases.  Client will be responsible for securing any necessary releases, permissions or waivers for any location at which the footage is recorded other than the Facility or from individuals that may be recorded on video, prior to using the video.

  4. Promotional Terms. Client must identify Business in any materials or online posting of the Deliverables, including on social media, client's website, and any other venue in which the Deliverables are used.  All references will correctly identify Business as “ATXthejungle” (all one word, capitalized as shown) or “@atxthejungle” when tagging on social media, and will only use logos pre-approved by the Business.  Client will tag and follow Business on the appropriate social media account when posting (@atxthejungle).  CLIENT UNDERSTANDS THAT THESE PROMOTIONAL TERMS ARE REQUIRED FOR THE LICENSE TO THE DELIVERABLE, AND THIS LICENSE WILL BE TERMINATED FOR BREACH OF THIS CLAUSE 4.

  5. Ownership and License. Following completion of services and payment of any amounts due, and subject to the terms shown in this Agreement, Client will be granted a perpetual, non-exclusive license of the Deliverable.  Business will retain the right to use the Deliverable and interim materials (including limited previews and promotional images) for Business's advertising, trade, promotion, exhibition, and/or any other lawful purposes. Such licenses shall survive the termination of this Agreement.

  6. Indemnification. Client shall defend, indemnify and hold Business harmless from any and all claims, injuries, damages, losses and/or suits arising from or relating to this Agreement, and/or Business's performance of the Services as set forth herein.

  7. Limitation of Liability. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors and/or suppliers be held liable for any incidental, consequential, indirect, or punitive damages of any kind. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors, and/or suppliers be liable for the cost of replacement goods or services. CLIENT UNDERSTANDS AND AGREES THAT BUSINESS'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES.

  8. Independent Contractor; No Partnership. Business and Client shall each be and remain an independent contractor with respect to all rights and obligations arising under this Agreement. Nothing herein contained shall make, or be construed to make, Business or Client a partner of one another, nor shall this Agreement be construed to create a partnership or joint venture between and of the parties hereto or referred to herein.

  9. Choice of Law and Venue.  The laws of the state of Texas shall govern all matters arising out of or relating to this agreement.  Both parties consent to the personal jurisdiction of the state and federal courts in Travis County, Texas.

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