TERMS AND CONDITIONS OF COMMISSIONING AERIAL ASHES BY

1. Terms and Definitions:

(a) Aerial Ashes refers to the service herein collectively and individually referred to as "the supplier."

(b) The Drone Operator represents Aerial Ashes.

(c) The Client pertains to the individual or organization addressed in the invoice and on whose behalf services are rendered.

(d) The term 'Task' encompasses all work completed after an accepted booking.

(e) Aerial Ashes are trading names of Aerial Ashes Ltd

(f) These terms and conditions constitute the entire agreement between Aerial Ashes and the Client. Any alterations are only valid if agreed upon in advance and in writing.

2. Initial Enquiry:

(a) The Client must complete an Enquiry Form to facilitate research and feasibility assessment before booking. We often to do this with you over the telephone during our consultation.

(b) Upon receipt of the enquiry form or receipt of sufficient information, Aerial Ashes will conduct an initial assessment without charge.

3. Booking and Cancellation:

(a) Upon agreement on the task outline, Aerial Ashes will contact the client detailing the initial assessment outcomes.

(b) The Client must confirm the booking for a specific time and date (hereafter referred to as the confirmed date). Aerial Ashes will not accept other work during this period once agreed and the deposit has been paid.

(c) In the event of a cancellation after confirmation, the Client will incur a cancellation fee as per the following schedule:

(i) Cancellation made more than two months before the confirmed date incurs a fee of 50% of the booked time rate. This is to cover the expense of planning, consultation and risk assessing incumbent on Aerial Ashes. 

(ii) Cancellation within two months of any confirmed date incurs a fee of 75% of the booked time rate. 

(iii) Cancellation less than one month before the confirmed date requires full payment with no refunds applicable. 

(iv) Additionally, the Client is liable for any expenses incurred by Aerial Ashes.

(d) Drone operations are subject to weather conditions and adhere to strict safety policies. If Aerial Ashes cancels a task due to weather or factors beyond its control or for any other reason, an alternative date will be arranged, becoming the new confirmed date. In these circumstances, Aerial Ashes accept no liability for any incurred expenses by the client.

(e) Failure to agree on a suitable new date within a reasonable timeframe or 2 calendar months will result in the Client being liable to pay 50% of the booked time rate plus any expenses incurred by Aerial Ashes.

4. Payment Terms:

(a) The deposit of 50% is due at the time of the booking in order to make the enquiry a confirmed booking. The final payment is due one month before the confirmed date.

(b) Failure to adhere to payment terms may result in Aerial Ashes rescinding the Agreement, recovering damages, or applying statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

(c) A £25 fee will be charged for each account reminder, duplicate invoice, or any other related paperwork or correspondence pertaining to debt collection. This fee is non-refundable.

(d) Any unpaid invoices issued to the Client become immediately due if not paid by the Due Date, and Aerial Ashes may pursue legal action for debt recovery.

5. Standards and Safety:

(a) Aerial Ashes aims to operate at the highest standards and comply with regulations set forth by relevant authorities.

(b) Pilots operating company equipment are adequately trained, and equipment maintenance adheres to highest standards.

(c) The Client must ensure that remains presented for scattering are exclusively from a crematorium and devoid of any additional items, trinkets, or chemicals.

6. Liability and Indemnity:

While Aerial Ashes exercises reasonable care in service performance, it shall not be liable for any loss or damage suffered by the Client or any third party arising from service use or for any reason. The Client agrees that the limitations of liability outlined in this clause are fair and reasonable in light of the nature of the services provided and the risks associated therewith. Aerial Ashes shall not be liable for any damages, losses, or injuries resulting from the use of the services provided, including but not limited to:

a. Malfunction or failure of equipment;

b. Interruption or disruption of services;

c. Errors or inaccuracies in data or information provided;

d. Any actions taken by the Client or third parties based on the services provided;

e. Unsuitable weather or unsuitable location where unknown prior to the booking

f. Lack of sufficient mobile phone signal preventing the live streaming

g. Any other cause whatsoever.

By engaging Aerial Ashes for the provision of services, the Client expressly acknowledges and agrees to the terms of this limitation of responsibility and non-liability clause and waives any right to bring any claim or action against Aerial Ashes arising out of or in connection with the provision of services.

7. Client Confidentiality:

The Drone Pilot and Aerial Ashes shall maintain the confidentiality of information disclosed for task purposes, except where necessary to fulfill obligations related to the commission.

8: Copyright:

The Client acknowledges that they have no ownership rights or interest in the photographs and videos captured by Aerial Ashes. The Client agrees not to reproduce, distribute, or use the photographs and videos for any commercial purposes without the prior written consent of the Owner.

Aerial Ashes reserves the right to use the photographs and videos for portfolio purposes, marketing materials, social media, website content, or any other promotional activities, without the need for further consent from the Client.

9: Uncertainty of Final Resting Place:

The Client acknowledges and understands that once ashes are scattered as part of the services provided by Aerial Ashes, they become dispersed and integrated into the environment, and their precise location cannot be determined or guaranteed. The Client further acknowledges and agrees that:

The scattering of ashes results in their dispersal into the natural environment, and their final resting place may vary due to natural factors such as wind, water, and vegetation growth.

The future of the area where the ashes are scattered is uncertain, and it may undergo changes including but not limited to landscaping, development, or alteration of land use.

The Client acknowledges that the land where the ashes are scattered may be cleaned, maintained, or repurposed for different uses in the future, and the presence of the ashes may not be preserved indefinitely.

The Client understands that while efforts will be made to scatter the ashes in a respectful and dignified manner, the exact location and condition of the ashes after scattering cannot be guaranteed or controlled by Aerial Ashes By engaging Aerial Ashes for the scattering of ashes,

the Client expressly acknowledges and accepts the uncertainty regarding the final resting place of the ashes and waives any claims or expectations regarding their permanent preservation or location.

10: Complaints:

Should the Client have any concerns or complaints regarding the services provided by Aerial Ashes, they are encouraged to make contact as soon as possible.

Upon receipt of a complaint, Aerial Ashes will endeavour to acknowledge the complaint within 2 business days and will aim to resolve the issue promptly and fairly.

If the complaint cannot be resolved immediately, Aerial Ashes will provide the Client with regular updates on the progress of the investigation and the expected timeframe for resolution.

Aerial Ashes is committed to providing excellent customer service and values feedback from its clients. All complaints will be handled with confidentiality, professionalism, and integrity.

11. Applicable Law:

(a) This Agreement is governed by English Law, with the parties subject to the exclusive jurisdiction of the Courts of England.

(b) No variations to these terms and conditions are valid unless agreed upon in writing by both parties.

(c) Email communication constitutes a legally binding contract, unless the Client explicitly states otherwise and provides hardcopy documentation of relevant agreements and contracts.