Effective Date: August 31, 2026

These Terms of Service govern the Smithberg Media website and all photography, videography, aerial imaging, thermal imaging, mapping, modeling, site documentation, inspection-support, and related services offered by Smithberg Media.

By submitting a quote request, requesting or scheduling services, approving a proposal, making a payment, using deliverables, or otherwise affirmatively accepting these Terms, the client confirms that they have read, understood, and agreed to be legally bound by these Terms.

1. Services

The scope, price, schedule, deliverables, usage rights, and project requirements will be described in the applicable quote, proposal, invoice, email, or written agreement.

If a signed project agreement conflicts with these Terms, the signed project agreement controls.

2. Quotes and Project Scope

Quotes are based on the information available when prepared. Smithberg Media may revise pricing or scheduling if the property, location, travel requirements, site conditions, requested deliverables, or project scope differs from the information originally provided.

Work outside the agreed scope may require additional payment and production time. Smithberg Media will obtain approval before performing material additional work whenever reasonably practical.

3. Scheduling and Drone Operations

Aerial services depend on weather, visibility, airspace restrictions, government authorization, site conditions, equipment condition, and the remote pilot’s safety judgment.

Smithberg Media may postpone, modify, or cancel an operation when it cannot be completed safely or legally. The remote pilot in command retains final authority over all flight decisions.

Weather, airspace, regulatory, equipment, access, or safety delays are not considered a failure to perform. Smithberg Media will make reasonable efforts to reschedule affected services.

4. Client Responsibilities

The client represents that they are legally authorized to request services at the specified property or location.

The client is responsible for:

1. Providing accurate project and property information.

2. Obtaining permission from the property owner or authorized representative.

3. Providing safe and lawful access.

4. Identifying known hazards, restricted areas, animals, sensitive materials, and site requirements.

5. Preparing the property for photography or data collection.

6. Obtaining any releases or permissions assigned to the client.

7. Informing occupants and affected parties when appropriate.

Smithberg Media is not responsible for delays, incomplete coverage, additional expenses, or unusable deliverables caused by inaccessible areas, undisclosed hazards, incorrect information, missing authorization, or unprepared property conditions.

5. Payment

Prices, deposits, taxes, payment deadlines, and accepted payment methods will be stated in the applicable quote or invoice.

Unless otherwise agreed in writing, full payment is required before final, unwatermarked, or full-resolution deliverables are released.

Past-due balances may delay delivery or future services. The client is responsible for authorized expenses resulting from returned payments, chargebacks, disputed transactions, or collection of unpaid balances to the extent permitted by law.

6. Cancellation and Rescheduling

Project-specific cancellation and rescheduling terms stated in a quote or agreement control.

If no separate policy is provided, the client should provide at least 24 hours’ notice when cancelling or rescheduling. The client may remain responsible for nonrecoverable travel, location, permit, subcontractor, or production expenses already incurred.

Weather, airspace, regulatory, equipment, and safety postponements will normally be rescheduled without an additional scheduling fee.

7. Delivery and Revisions

Delivery dates are good-faith estimates unless expressly guaranteed in writing.

The client must report missing files, technical problems, or requested corrections within seven days after delivery. Included revisions are limited to reasonable corrections within the original project scope.

Additional filming, new creative direction, property changes, or work outside the original scope may require additional payment.

8. Ownership and Usage Rights

Unless otherwise agreed in writing, Smithberg Media retains ownership and copyright in all photographs, videos, maps, models, graphics, edits, data products, and other materials it creates.

After full payment, the client receives a nonexclusive license to use final deliverables for the purposes stated in the applicable quote or agreement.

The client may not:

1. Resell or sublicense deliverables as standalone assets.

2. Claim authorship of the work.

3. Remove ownership, licensing, or copyright information.

4. Publish unfinished previews or watermarked files.

5. Use deliverables unlawfully, deceptively, or in violation of another person’s rights.

6. Use deliverables for safety-critical, engineering, surveying, or diagnostic purposes unless specifically authorized in writing.

Raw files, project files, unedited footage, flight logs, and intermediate data are not included unless specifically listed in writing.

9. Portfolio Use

Unless the client requests confidentiality in writing before production, Smithberg Media may display completed work on its website, portfolio, social media, advertising, demonstrations, and promotional materials.

Smithberg Media will comply with written confidentiality obligations.

10. Stock and Third-Party Materials

Select images displayed on this website are licensed stock images used for illustrative purposes and were not photographed or captured by Smithberg Media.

Deliverables may include licensed music, fonts, templates, maps, stock materials, or other third-party content. Such materials remain subject to their applicable licenses and restrictions.

11. Thermal Imaging and Inspection Limitations

Thermal images and visual observations are provided for screening and documentation purposes. They do not independently prove the presence or absence of moisture, electrical faults, insulation failure, structural defects, code violations, or other hidden conditions.

Unless expressly stated in a written agreement, Smithberg Media does not provide engineering, electrical, roofing, environmental, legal, land-surveying, or certified building-inspection services.

The client should consult an appropriately licensed professional before making safety, repair, purchasing, construction, insurance, or legal decisions.

12. Mapping and Measurement Limitations

Maps, models, measurements, and site representations may be affected by equipment accuracy, positioning data, vegetation, inaccessible areas, reflective surfaces, weather, and processing methods.

Unless expressly completed under the supervision of an appropriately licensed professional, deliverables are not boundary surveys, legal plats, engineering drawings, or guaranteed measurements. They must not be used to establish property boundaries or make safety-critical construction decisions.

13. No Guaranteed Results

Smithberg Media will perform services using reasonable professional care but does not guarantee a particular marketing result, property sale, inspection outcome, measurement accuracy, financial return, or regulatory approval.

Appearance, colors, dimensions, measurements, and thermal readings may vary because of environmental conditions, equipment calibration, processing, displays, and viewing software.

14. Assumption of Risk

The client knowingly and voluntarily accepts all inherent and reasonably foreseeable risks connected with the requested services.

These risks may include personal injury, property damage, incomplete or delayed services, inaccurate measurements, equipment failure, weather changes, inaccessible areas, aviation hazards, third-party conduct, government restrictions, data loss, and other risks associated with photography, videography, drone operations, thermal imaging, mapping, modeling, inspection support, and site documentation.

15. Release of Liability and Covenant Not to Sue

THIS SECTION RELEASES CERTAIN LEGAL CLAIMS, INCLUDING CLAIMS ARISING FROM SMITHBERG MEDIA’S ORDINARY NEGLIGENCE, AND LIMITS THE CLIENT’S RIGHT TO RECOVER DAMAGES.

To the fullest extent permitted by law, the client releases and forever discharges Smithberg Media and its owners, members, managers, employees, pilots, contractors, agents, insurers, successors, and assigns from all claims, demands, causes of action, damages, losses, costs, and liabilities arising from:

1. Risks inherent in the requested services.

2. Conditions at the project location.

3. The client’s acts, omissions, instructions, or failure to disclose relevant information.

4. The acts or omissions of property owners, occupants, contractors, or other third parties.

5. The ordinary negligence of Smithberg Media or another released party.

The client expressly agrees not to file, commence, maintain, or participate in a lawsuit or other legal claim against a released party concerning any claim released under this section.

This release does not apply to gross negligence, reckless conduct, willful or wanton misconduct, intentional misconduct, fraud, or liability that cannot legally be released.

16. Limitation of Liability

For any claim that is not released under these Terms, Smithberg Media’s total aggregate liability will not exceed the amount actually paid by the client for the specific service giving rise to the claim.

To the fullest extent permitted by law, Smithberg Media will not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages, including lost profits, lost opportunities, lost data, loss of use, property-sale delays, or business interruption.

The client’s exclusive remedies for an incomplete or materially defective deliverable are, at Smithberg Media’s discretion, reasonable correction, re-performance of the affected service, or refund of the amount paid for that specific service.

17. Client Indemnification

The client agrees to defend, indemnify, and hold harmless Smithberg Media and its owners, employees, pilots, contractors, and agents from third-party claims, damages, expenses, and reasonable legal fees resulting from:

1. The client’s breach of these Terms.

2. Missing property access, authorization, releases, or permissions.

3. Inaccurate or incomplete information supplied by the client.

4. Undisclosed hazards or unsafe site conditions.

5. Materials or instructions supplied by the client.

6. The client’s unlawful, unauthorized, or misleading use of deliverables.

This obligation does not apply to liability resulting from Smithberg Media’s gross negligence, reckless conduct, willful misconduct, or intentional misconduct.

18. Knowing and Voluntary Acceptance

The client confirms that they:

1. Had an opportunity to read these Terms before requesting or purchasing services.

2. Understand the assumption of risk, release of liability, covenant not to sue, and limitation of liability.

3. Accept these Terms voluntarily.

4. Are authorized to accept these Terms for themselves and any organization they represent.

5. Understand that Smithberg Media would not accept or perform the requested services without this agreement.

19. Website Use

Users may not use this website to violate applicable law, access restricted systems, distribute malicious software, impersonate another person, submit fraudulent requests, or copy protected content without permission.

20. Third-Party Services

This website may link to payment processors, client galleries, mapping platforms, social networks, or other third-party services. Smithberg Media does not control and is not responsible for their availability, content, security, terms, or privacy practices.

21. Governing Law

These Terms are governed by the laws of the State of Minnesota. Any legal proceeding relating to these Terms or Smithberg Media’s services must be brought in a court with jurisdiction in Minnesota unless applicable law requires otherwise.

22. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed only to the minimum extent necessary. The remaining provisions will continue in effect.

23. Entire Agreement

These Terms, together with any applicable quote, proposal, invoice, or signed project agreement, constitute the entire agreement concerning the applicable services and replace prior discussions or representations concerning those services.

24. Changes

Smithberg Media may update these Terms periodically. Updated Terms will be posted with a revised effective date. Changes do not retroactively alter an existing signed agreement.