This Small Unmanned Aerial System Service Agreement (“sUAS Agreement”) is entered into on today's date of: _________ (the “Effective Date”), by and between StormSky Media LLC, an Indiana limited liability company, and ______________ (Customer) (collectively referred to as “Parties”).

WHEREAS StormSky Media LLC provides photography, videography, and data collection services (“sUAS Services”) using unmanned aerial vehicles (“UAVs”), also known as ‘drones’, to real estate professionals, real estate developers, property owners, property management companies, construction companies, and others.

WHEREAS StormSky Media LLC will provide sUAS Services and license its copyright-protected photographs, video, and/or data to Customer under the terms set forth in this Agreement.

WHEREAS StormSky Media LLC operates in compliance with FAA Part 107 Regulations, waivers, and permissions issued by the Federal Aviation Administration (FAA), as well as applicable Indiana laws governing UAV operations.

WHEREAS StormSky Media LLC is insured for liability and property damage coverage for its sUAS Services.

WHEREAS Customer wishes to hire StormSky Media LLC to provide sUAS Services and license certain photographs, video, and/or data as provided herein.

THEREFORE, in consideration of the mutual agreements hereinafter contained, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending legally to be bound hereby, agree as follows:

1. sUAS Services

StormSky Media LLC will perform the following services for Customer at their property (the “Property”), located at _________________:

  • Securing permissions and authorizations for flight from third parties unrelated to the Property as necessary.

  • FAA and Indiana regulatory compliance and reporting.

  • Obtaining aerial video footage.

  • Obtaining aerial photographs.

  • Performing post-production and editing.

  • Other (describe): __________________________.

2. Service Fee

Customer will pay StormSky Media LLC the following fee for the sUAS Services (“Service Fee”), which includes travel time, operating the UAV, taking photographs, video, capturing data, editing, and post-production activities (if any).

  • Total Flat Agreed Rate: ________ USD

  • Hourly Agreed Rate: ________ USD

  • Other Service Fee Conditions: Customer understands that the Service Fee covers the work performed, and a separate Copyright License Fee applies for use and rights in the photographs, video, and/or data as set forth in Addendum A. The default License Fee is included in the flat or hourly rate unless a more extensive license is requested, incurring additional fees as detailed in Addendum A.

  • Additional: ______________________.

3. sUAS Service Deliverables

StormSky Media LLC will license the agreed-upon items as set forth in Addendum A to the Customer as part of its sUAS Services. StormSky Media LLC will provide the number of photographs and/or videos specified in the selected service package or as agreed in writing. Files will be delivered to Customer via Google Drive link or other electronic means within the timeline specified in Section 4.

4. sUAS Service Dates

Customer acknowledges that variables outside StormSky Media LLC’s control, including FAA regulations, Indiana laws, third-party permissions, weather conditions, and safety concerns, may affect the ability to perform sUAS Services on a specific date or time.

a. The Parties will mutually agree in writing (e.g., via email) on the date(s) for UAV flight activities within 5 days of signing this Agreement, targeting completion on or about ________ (the “Target Date”). Deliverables will be provided to Customer within 1-3 weeks after completion of sUAS flight activities, unless otherwise agreed.

b. Customer will provide right-of-entry to the Property for StormSky Media LLC, its agents, representatives, employees, and subcontractors to perform the sUAS Services. StormSky Media LLC will secure all other required permissions. If StormSky Media LLC is unable to secure necessary permissions for reasons unrelated to Customer’s obligations, Customer is entitled to a full refund of any amounts paid for sUAS Services.

5. Payment Terms

Customer will pay the Service Fee and any applicable License Fee via bank transfer, credit card, or other method specified by StormSky Media LLC, due within 10 days of receiving an invoice. Payment may be required:

  • Prior to delivery of sUAS Service Deliverables; or

  • Upon completion of delivery of sUAS Service Deliverables, as agreed in writing.

6. Cancellation Policy

a. Customer Cancellation: Customer may cancel this Agreement with written notice to StormSky Media LLC. If cancellation occurs less than 48 hours before the scheduled flight or after StormSky Media LLC has incurred travel costs, Customer will pay 50% of the Service Fee as a cancellation fee. b. StormSky Media LLC Cancellation: If StormSky Media LLC cancels for reasons other than Customer’s failure to provide right-of-entry or force majeure (Section 12), Customer is entitled to a full refund of any amounts paid.

7. FAA and Indiana Compliance

StormSky Media LLC represents that it has obtained all required FAA approvals and complies with applicable Indiana laws for the sUAS Services, including restrictions under Indiana Code § 35-47-10.

8. Intellectual Property

StormSky Media LLC owns all right, title, and interest in the Copyright Protected Works, including all rights under U.S. and international copyright law, with full authority to exploit such Works before, during, or after the term of any license to Customer. “Copyright Protected Works” include all images, videos, graphics, data, and data output (e.g., maps, photographs, videos) created or generated by StormSky Media LLC through or related to the sUAS Services and/or Deliverables.

9. Term

The Term of this Agreement shall be as set forth in Addendum A (Copyright License Agreement).

10. sUAS Service Warranty and Limitations

StormSky Media LLC will perform sUAS Services with the care and skill ordinarily exercised by UAS professionals in Indiana under similar circumstances. StormSky Media LLC warrants that the Copyright Protected Works will not violate third-party rights, including intellectual property or privacy rights. No other warranties, express or implied, including fitness for a particular purpose, are made.

11. Limitation of Liability

StormSky Media LLC’s liability for any claim arising from this Agreement, including property damage or service failures, shall not exceed the Service Fee paid by Customer. StormSky Media LLC is not liable for consequential, indirect, or incidental damages, including lost profits.

12. Force Majeure

Neither party is liable for delays or failure to perform due to acts of God, natural disasters, government restrictions, or other events beyond their reasonable control. The affected party will notify the other promptly and resume performance as soon as practicable.

13. Confidentiality

Each party agrees to keep confidential any non-public information shared by the other in connection with this Agreement (e.g., property details, business plans) and to use such information only for performing this Agreement, unless required by law.

14. Integration and Modifications

This Agreement, including Addendum A, constitutes the entire agreement between the Parties, superseding all prior proposals, agreements, or communications. Modifications are valid only if made in a written document signed by both Parties.

15. Governing Law, Venue, and Personal Jurisdiction

This Agreement is governed by the laws of Indiana. The Parties consent to the exclusive jurisdiction of state and federal courts in Marion County, Indiana, for resolving disputes arising from this Agreement, agreeing that venue in Marion County is proper and convenient.

16. Survival

If any provision of this Agreement is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

17. Counterparts

This Agreement may be signed in counterparts, each an original, and all taken together form one document. Electronic signatures are treated as originals.

Addendum A: Copyright License Agreement

1.0 Incorporation by Reference

This Copyright License Agreement (“License Agreement”) is an Addendum to the sUAS Agreement. The terms checked below govern the license of the Copyright Protected Works.

2.0 Copyright Protected Works

Customer agrees that the Copyright Protected Works, whether registered or unregistered, include: 2.1 All photographs and videos taken by StormSky Media LLC as part of the sUAS Services or Deliverables, whether raw, edited, unedited, reproduced, copied, modified, or sampled. 2.2 All data obtained as part of the sUAS Services or Deliverables, including data that is input, output, copied, manipulated, incorporated, edited, reproduced, or analyzed by any software.

3.0 Type of License

StormSky Media LLC grants Customer a non-exclusive license to use the Copyright Protected Works, subject to the terms below.

4.0 Assignment

Customer may not assign its rights or obligations under this License Agreement without StormSky Media LLC’s prior written consent, which shall not be unreasonably withheld.

5.0 Scope of Use

The license grants Customer the following rights, subject to all other provisions: 5.1 Incorporate the Copyright Protected Works into Customer’s original work. 5.2 Reproduce, prepare derivatives of, distribute copies of, and display the Copyright Protected Works for the purposes specified in the service package or written agreement.

6.0 Territory

The licensed territory is worldwide, unless otherwise specified: ________________.

7.0 Prohibited Uses

Customer may not: 7.1 Use the Copyright Protected Works in violation of third-party rights or any local, state, national, or international laws, including Indiana Code § 24-5-0.5. 7.2 Claim proprietary rights in the Copyright Protected Works or alter/remove copyright notices. 7.3 Use the Copyright Protected Works in a manner that is offensive, threatening, pornographic, defamatory, or unlawful.

8.0 Enforcement of Intellectual Property Rights

StormSky Media LLC reserves the exclusive right, but not the obligation, to enforce copyrights against infringers at its own cost and benefit.

9.0 Term and Termination

The license is effective until one of the following, as selected by Customer at signing (check one):

  • _____ days after the end or termination of the Property Listing Agreement.

  • _____ days after delivery of the Copyright Protected Works to Customer.

  • On the date and time: ___________________________.

  • Perpetual and indefinite (only for personal use by Property owner, not related to sale or listing).

10.0 Obligations Upon Termination

Upon expiration or termination of the license: 10.1 Within 7 days, Customer must provide written certification to StormSky Media LLC that all Copyright Protected Works have been deleted or destroyed. 10.2 Customer must cease use and, to the extent they have access, remove the Copyright Protected Works from the Internet related to the Property’s sale.

11.0 License Fee

The License Fee is included in the Service Fee unless a more extensive license is requested. Additional fees are based on the license scope (e.g., commercial use, exclusive use) as follows (check one):

  • One-time License Fee: $______________.

  • Monthly License Fee: $____________, due before first use and on the first day of each month thereafter. Non-payment suspends the license until payment is received.

  • Other: ______________________ (as detailed in attached fee schedule).

12.0 Other Terms

StormSky Media LLC may use the Copyright Protected Works for its marketing purposes. Unless an exclusive license is purchased, StormSky Media LLC may license the Works to other parties at any time.

Small Unmanned Aerial System Service Agreement