Terms & Conditions

These Terms and Conditions are entered into by and between Bender Aerospace LLC dba Fly Boyz LLC (“Fly Boyz”), a New Mexico Limited Liability Corporation operating in and around the Greater Albuquerque Area as well as other regions of New Mexico, and the Client set forth in the applicable Service Agreement (formerly referred to as “Flight Contract”), which incorporates these Terms by reference (the “Client”), as of the effective date of such Service Agreement (the “Effective Date”). Fly Boyz and Client may each be referred to as a “Party” and collectively as the “Parties.”

Background

Fly Boyz provides visual media services, including but not limited to aerial (UAS/drone), ground-based photography and videography, and media production services (collectively, the “Services”).

Client wishes to engage Fly Boyz to perform the Services described in the Service Agreement. These Terms govern all such Services.

Scope of Work

The Service Agreement defines the services, deliverables, timelines, and compensation (the “Work”).

In the event of a conflict between these Terms and the Service Agreement, the Service Agreement shall control.

Changes to scope require written approval by both Parties. Fly Boyz is not obligated to proceed on modified scope without written agreement.

Fly Boyz Responsibilities

Fly Boyz will provide all necessary personnel, equipment, and creative direction required to complete the Work.

Fly Boyz will perform Services in accordance with professional standards. For aerial operations, the Remote Pilot-in-Command retains final authority over all flight decisions related to safety and legality.

Creative Control

Fly Boyz retains full creative control over all aspects of the Work, including but not limited to:

Shot selection
Editing style
Music selection
Narrative structure
Final presentation

Client feedback may be considered; however, Fly Boyz is not obligated to make changes that conflict with its professional or artistic judgment.

Deliverables and Revisions

Client must review deliverables within seven (7) days of delivery.

Failure to notify Fly Boyz of issues within that period constitutes acceptance.

Correction of nonconforming deliverables is Client’s sole remedy.

Unless otherwise stated in the Service Agreement, one (1) round of minor revisions is included. Additional revisions may be subject to additional fees.

Compensation and Payment.

Payment terms are defined in the Service Agreement.

Invoices are due upon receipt unless otherwise stated.

Late payments may incur:

1.5% monthly interest (or max allowed by law)
Suspension of Services
Collection costs, including legal fees

Media Usage and License

Fly Boyz retains full ownership of all Work, unless directly stipulated in a Service Agreement, Contract, or is otherwise agreed upon in writing.

Client is granted a non-exclusive, non-transferable license to use deliverables for:

Marketing
Social media
Website use
Business promotion

Client may NOT:

Resell or redistribute content
Transfer rights to third parties without approval
Alter content in a way that misrepresents the Work

Portfolio and Promotional Use

Fly Boyz retains the right to use all Work for Portfolio, Marketing, Social media and Business promotion unless otherwise agreed upon in writing.

Music and Audio Licensing

Fly Boyz may include music in deliverables.

Included Production Music
1. Licensed for use within delivered media only.
2. Not transferable or reusable separately.
Custom / Premium Music
1. Licensed per agreement. Additional fees may apply.
Cory Wynstead Artist Works

Music released under “Cory Wynstead” is a separate product line and requires independent licensing.

Public and Event Filming

Client acknowledges that filming may occur in public or semi-public environments.

Fly Boyz is not responsible for obtaining releases for incidental individuals unless agreed in writing.

Client is responsible for securing location permissions.

Non-survey Disclaimer

Fly Boyz is not a licensed surveyor.

All maps, measurements, or models are:

Approximate
For visual/marketing purposes only

Not for legal or engineering use.

Aerial Operations and Limitations

All drone operations are subject to:

FAA regulations
Airspace restrictions
Weather conditions
Safety requirements

Fly Boyz may cancel or reschedule flights at its discretion for safety or legal reasons.

Billing and Payment Terms

Client agrees to pay all invoices in accordance with the terms set forth in the applicable Service Agreement.

A. Payment Due
All invoices are due upon receipt, unless a specific due date is otherwise stated on the invoice.

B. Late Payments
Any unpaid balance may accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, beginning from the invoice due date until paid in full.

C. Suspension of Services
Fly Boyz reserves the right to suspend current or future Services if any invoice remains unpaid beyond its due date.

D. Collections & Legal Fees
Client agrees that any unpaid balances may be subject to collection efforts. Client shall be responsible for all reasonable costs of collection, including but not limited to:

Collection agency fees
Court costs
Attorneys’ fees

to the extent permitted under applicable New Mexico law.

E. Delivery of Final Media

Final deliverables may be withheld until full payment has been received.

At its sole discretion, Fly Boyz may provide preview versions, watermarked content, or limited-access deliverables prior to payment for review or internal processing purposes (e.g., Client billing workflows). Such early delivery does not waive Fly Boyz’ right to full payment in accordance with these Terms.

Pro Bono/Promotional Work

Pro bono work remains the property of Fly Boyz.

No ongoing obligation or partnership is implied.

Cancellation Policy

Client agrees to provide advance notice if Services are no longer required.

A. Standard Projects (Single-Day Services)
Cancellations must be made at least twenty-four (24) hours prior to the scheduled service time.

Failure to provide such notice will result in Client being responsible for one hundred percent (100%) of the total Service Agreement value, due to scheduling reservation, preparation, and lost opportunity cost.

B. Multi-Day or Extended Projects
For any Service Agreement requiring more than one (1) day of on-site work, cancellations must be made at least seven (7) days prior to the scheduled start date.

Failure to provide such notice will result in Client being responsible for fifty percent (50%) of the total Service Agreement value.

C. Work Already Performed
In all cases, Client shall remain responsible for payment of any Work already completed, including but not limited to:

Pre-production
Planning
Travel
On-site time already performed

D. Interaction with Force Majeure / Operational Conditions
This Cancellation Policy applies to Client-initiated cancellations.
Situations covered under Force Majeure or operational limitations (e.g., weather, airspace restrictions) are governed separately under the Rescheduling & Cancellation Due to Operational Conditions section.

Confidentiality

Both Parties agree to maintain confidentiality of sensitive information as outlined in original terms.

Intellectual Property

Fly Boyz retains all intellectual property rights in the Work.

Client receives usage rights only, not ownership.

Non-Solicitation

Client agrees not to solicit Fly Boyz personnel for two (2) years following completion of Services.

Disclaimer of Warranties

All services are provided “AS-IS” except as explicitly stated.

Limitation of Liability

Fly Boyz’ liability is limited to:

Amount paid for Services OR
Available insurance proceeds

Fly Boyz is not liable for indirect or consequential damages.

Insurance

Fly Boyz maintains appropriate liability insurance.

Certificates available upon request.

Termination

Either Party may terminate for breach with 14 days notice.

Client remains responsible for payment for completed Work.

Force Majeure

Neither Party is liable for delays caused by factors beyond control, including weather, regulations, or technical failures.

Performance shall resume as soon as conditions allow. Client shall remain responsible for payment of any Work completed or costs incurred prior to such disruption

Rescheduling and Cancellation Due to Operational Conditions

In the event that Services cannot be performed due to conditions beyond Fly Boyz’ reasonable control, including but not limited to weather, airspace restrictions, safety concerns, or regulatory limitations:

A. Rescheduling
Fly Boyz will make reasonable efforts to reschedule the Services at the next mutually available date. No additional fees will apply for rescheduling under these conditions.

B. Client Election Not to Reschedule
If Client elects not to reschedule the Services after such conditions prevent performance, Fly Boyz shall be entitled to retain or invoice a fee equal to twenty-five percent (25%) of the total Service Agreement value to cover administrative time, scheduling reservation, and lost opportunity cost.

C. Partial Performance
If Services are partially performed prior to cancellation, Fly Boyz shall be compensated proportionally for all Work completed, in addition to any applicable administrative fee.

Independent Contractor

Fly Boyz operates as an independent contractor.

Non-Disparagement

Both Parties agree not to harm the reputation of the other.

Dispute Resolution

Disputes will be resolved through:

Negotiation
Mediation
Binding arbitration (Albuquerque, NM)

Governing Law

New Mexico law governs this agreement.

Entire Agreement

These Terms and the Service Agreement represent the full agreement between Parties.

These Terms and Conditions have been updated as of April, 2026