• COMMERCIAL IMAGING SERVICE CONTRACT

  • This Commercial Imaging Service Contract (the "Contract") is entered into as of the Contract Date specified below, by and between By:Boogie LLC (hereinafter referred to as the "Company") and the individual or business entity listed below (hereinafter referred to as the "Client").

  • Contract Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • Scheduled Date(s) of Shoot*
     - -
    2 digit month, 2 digit day, 4 digit year
  • 1. SCOPE OF SERVICES

    Company agrees to provide professional ground-based photography/videography and/or commercial Unmanned Aircraft Systems (UAS) aerial imaging services at the Project Location as mutually agreed upon. The deliverable format, resolution, and included revision rounds are specified in the fields below.

    Any deliverables or services not listed above are out of scope and will be billed separately.

  • 2. FEES, PAYMENT METHODS & TURNAROUND TIME

    2.1 Fees & Retainer

  • A non-refundable retainer is due upon signing to secure the shoot date.

  • 2.2 Approved Payment Options: The remaining contract balance must be cleared through one of the Company's three approved financial channels:

    Option A (Credit Card & Apple Pay): Paid via the secure online processing link generated by the Company's invoicing platform.

    Option B (Direct Bank Transfer / ACH): Processed directly through the Company's secure merchant payment portal or via an authorized corporate vendor onboarding form.

    Option C (Mailed Checks): Physical checks made payable strictly to By:Boogie LLC and mailed directly to the principal office base at 106 Grantham Ct, Irmo, SC 29063.

  • Approved Payment Option*
  • 2.3 Payment Clearing & File Release: The Company reserves the right to withhold final files until the chosen payment method fully clears and is confirmed in the Company's account.

  • 2.4 Agreed-Upon Turnaround Window: The Client acknowledges that professional ground and aerial imaging requires extensive post-production, editing, and rendering time after the physical shoot is completed. The Company will make every reasonable effort to deliver initial digital proofs or final edited media within the following number of

  • business days after the shoot date. The Company shall not be held liable for delivery delays caused by extensive creative revisions, technical rendering requirements, or pending final invoice clearance.

    2.5 Payment Terms & Late Fee: The remaining balance is due within 30 days of the shoot/delivery date. Balances unpaid after 30 days will accrue a late fee of 1.5% per month.

  • 3. RIGHT OF ENTRY & PERMISSIONS

    3.1 Access and Permissions: The Client certifies that they legally own the Project Location, or have secured explicit, lawful permission from the property owner for the Company to enter, set up equipment, and operate aircraft on site. Client agrees to indemnify and hold harmless By:Boogie LLC and John Merriam against any claims of trespass, privacy invasion, or unauthorized entry resulting from operations at the requested Project Location. The Company is responsible for damage to the Client's property directly caused by the Company's equipment or personnel.

    3.2 On-Site Personnel Notification & Third-Party Waivers: The Client acknowledges that the Company's operations may capture images, video, or data of on-site personnel or adjacent properties. Client accepts responsibility for notifying relevant parties and obtaining any necessary third-party waivers.

  • 4. WEATHER, AIRSPACE & OPERATIONAL AUTHORITY

    4.1 Weather Delays: Outdoor aerial operations are weather-dependent. The Company reserves sole authority to delay, reschedule, or cancel any flight operations due to unsafe weather conditions including but not limited to high winds, precipitation, lightning, or poor visibility. No penalties shall apply for weather-related rescheduling. If a mission cannot be flown safely and legally, it will not be flown, and no client deadline or scheduling commitment overrides this safety authority.

    4.2 Airspace Authorization: All UAS operations shall be conducted in compliance with FAA Part 107 regulations. The Company maintains sole authority regarding go/no-go flight decisions based on airspace restrictions, Temporary Flight Restrictions (TFRs), or other regulatory constraints. The Company is responsible for securing any required LAANC or other airspace authorizations.

    4.3 Insurance: The Company warrants that it maintains commercial UAS liability insurance coverage for its flight operations.

  • 5. INTELLECTUAL PROPERTY & LICENSING

    5.1 Ownership: All raw and edited media remains the intellectual property of By:Boogie LLC until full payment is received, at which point the Client receives the usage license as described below.

    5.2 Client License: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the delivered media for the Client's own business purposes. The Client may not resell, redistribute, or sublicense the media without prior written consent from the Company.

    5.3 Portfolio Use: The Company retains the right to use delivered media in its portfolio, marketing materials, and social media unless the Client requests otherwise in writing prior to the shoot date.

  • 6. LIMITATION OF LIABILITY

    To the maximum extent permitted by law, the Company's total liability under this Contract shall not exceed the total fees paid by the Client. The Company shall not be liable for any indirect, incidental, special, or consequential damages.

  • 7. CANCELLATION

    7.1 By Client: If the Client cancels more than 7 days before the scheduled shoot date, the retainer may be applied to a rescheduled date within 90 days. Cancellations within 7 days of the shoot date forfeit the retainer.

    7.2 By Company: If the Company must cancel for reasons other than weather or force majeure, the full retainer shall be refunded.

  • 8. SEVERABILITY

    If any provision of this Contract is found to be unenforceable, the rest of the Contract will remain completely valid and legally binding on both parties.

  • 9. ENTIRE AGREEMENT

    This Contract constitutes the entire agreement between By:Boogie LLC and the Client. It replaces all prior verbal discussions, emails, text messages, or rough negotiations regarding this specific project. No changes or updates to this Contract are valid unless they are written down and signed by both parties.

  • 10. FORCE MAJEURE (ACTS OF GOD)

    Neither party shall be held legally responsible for failing to perform their duties under this Contract if the failure is caused by events completely beyond their control. This includes, but is not limited to: severe weather, natural disasters, sudden government airspace closures, war, riots, or widespread grid outages. If such an event occurs, both parties will make a good-faith effort to reschedule the project.

  • 12. SIGNATURES & ACCEPTANCE

    By signing below, the parties acknowledge that they have read, understood, and accept the terms of this Contract on behalf of their respective entities. Electronic signatures submitted through this form are as valid and binding as handwritten signatures under the ESIGN Act and UETA.

  • COMPANY: By:Boogie LLC, a South Carolina Limited Liability Company

  • Company Signature Date*
     - -
    2 digit month, 2 digit day, 4 digit year
  • CLIENT:

  • Client Signature Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • Should be Empty: