Drone agreement OK?

Terms of Service
This Terms of Service Agreement (the "Agreement ") is between
__________________________________________________________________ and with the business DAHL House Inspection LLC. (“DHI”), and the “Client” (collectively the “Parties”)
This agree as follows
1. SERVICES
DHI will perform at the video and photographic services (“Services”) described by the Client at the given date, time and location (collectively referred to as the “Event”). The time and date are subject to change by DHI for any reason including hut not limited to : Personal injury, illness, unsafe flying, FAA flight restrictions. conditions as determined by the pilot or act of God.
2. EQUIPMENT:
DHI will provide their own video and UAV related equipment necessary to perform the Service.

 3. COST:

The Client agrees to the total of $250.00 plus any milage modifiers that maybe added stated in their invoice.

 4. PAYMENT:

Client will make a one-time payment to DAHL House Inspection LLC. The Client shall pay in full to DHI prior to any work being started as a reservation fee. This fee is not refundable and will be credited to the final amount owed.

 5. PRIVACY OF PROPERTY AND PERSONS:

Client warrants that they represent the owner or authority of any location or property being filmed.and have secured permission to film the selected location and/or property outlined for the Service. Client is responsible for notifying any person that shall be present at the Event, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that video and/or audio will be recorded by DHI. DHI agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons at the Event.

 8. GENERAL PROVISIONS

(a) All work shall be completed in a professional manner, and compliance with the FAA-107 certification.
(b) DHI shall not be liable for any delay due to circumstances beyond our control.
© DHI may change these terms at anytime and with out notice to the client. The Client does not have any permission or authority to change these terms und any circumstances.
(d) DHI may change these terms at anytime and without notice to the client. The Client does not have any permission of authority to change these terms und any circumstances
(E) Client shall indemnify and hold DHI harmless from al liability for loss, damage, or injury to persons or property resulting from the negligence or willful misconduct of the Client.
(F) DHI’s liability for loss, damage, or failure to deliver the Event video shall be limited to the return of all payments made.
(G) This Agreement shall be construed in accourdance with the laws of the State of Minnesota.
(H) DHI may assign this Agreement without prior written consent from the non-assigning party.
(I) The headings of the section herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement
(J) This Agreement constitutes the entire agreement between the Client and DHI, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written relating to the subject matter of this Agreement.

Signature_________________________________________________________. Date____/____/________

E-Mail_____________________________________________________________ Phone Number __________________________

Gary, comunicate with InterNACHI’s attorney:

https://forum.nachi.org/t/pre-inspection-agreement-review-by-an-attorney/151605/7

There are numerous issues with this from typos, incomplete words, repeating sentences. But the biggest issue I see is that you are telling the buyer you are not liable for damages to someone else’s property/house. If I was selling my house, and you damaged it with your drone, I hope you realize you would be liable to me as your client has no authority to sign away my right to damages :slightly_smiling_face:

2 Likes

Ya I know, I pretty much hacked it up, that is why I am getting a attorney in involved.

Why don’t you contact your “Insurance Guy”?
They know what your liabilities are. You can not wash away your liability with a contract. See Limitation of Liability.

Limitation of liability clauses limit the amount one party has to pay the other party if they suffer loss because of a contract between them. To be enforceable, limitation of liability clauses need to be reasonable and carefully drafted, so make sure you pay great attention to them whenever you enter into a contract.