Terms of Service & Privacy Policy

Beacon Aerial LLC · Boston, Massachusetts

Last updated: October 8, 2026

Beacon Aerial LLC ("Beacon Aerial," "Beacon," "we," "us," or "our") is a Massachusetts limited liability company providing aerial photography and videography services. These Terms of Service ("Terms") govern all photography, videography, editing, delivery, and related services Beacon provides (collectively, the "Services"). They also describe how Beacon handles personal information in connection with its website and the Services.

By booking the Services, paying a deposit or invoice, signing a Scope of Work, or otherwise engaging Beacon Aerial, you ("Client" or "you") agree to be bound by these Terms. If you do not agree to these Terms, do not book or use the Services.

1. Definitions

  • "AI Tools" means artificial-intelligence software, whether operated by Beacon or by a third party, used in planning or post-production.

  • "Client Files" means the Deliverables, the Original Images, and any Client information Beacon stores in connection with an Engagement.

  • "Deliverables" means the edited photographs, video, and other media files Beacon agrees to provide under a given Scope of Work.

  • "Engagement" means a single booked project governed by an SOW and these Terms.

  • "Enhancement" means post-production editing, with or without AI Tools, that improves the presentation of an image without altering the material features of its subject, as described in Section 7.

  • "Original Image" means the unedited or minimally processed version of a Deliverable before Enhancement or Virtual Staging.

  • "Scope of Work" or "SOW" means the written description of a specific Engagement agreed between Beacon and Client. It includes the site or address, shoot window, deliverable counts, formats, turnaround, usage rights, travel zone, and any authorized AI use cases.

  • "Virtual Staging" means digitally adding furniture, décor, or finishes to an image to depict how a space could appear.

2. The Services

Beacon Aerial provides solo-operator aerial photography and videography, together with associated post-production editing and digital delivery. Planning and post-production may involve AI Tools as described in Section 7.

The specific Deliverables, scope, pricing, and turnaround for any Engagement are defined in the applicable Scope of Work, which forms part of these Terms. If an SOW conflicts with these Terms, the SOW controls for that Engagement. These Terms control on all matters the SOW does not address.

Beacon exercises professional creative judgment over framing, composition, timing, editing, and color treatment. Aerial conditions are dynamic, and specific shots cannot be guaranteed. Beacon will use commercially reasonable efforts to capture the SOW Deliverables.

Site access and preparation. Client is responsible for:

  • (a) providing access to the property or location at the scheduled time;

  • (b) ensuring the property is in the condition Client wishes photographed;

  • (c) keeping occupants, pets, and vehicles clear of the shoot area where requested;

  • (d) notifying neighbors, tenants, homeowners' associations, or venues where Client deems appropriate or where required.

Beacon may delay, limit, or reschedule a shoot if the site is not accessible or cannot be safely flown. Delays caused by Client's failure to meet these responsibilities are treated as Client reschedules under Section 4.

People in imagery. Client is responsible for obtaining any consent required from occupants, guests, or other persons on the property who may appear in the Deliverables. Incidental bystanders are persons who are not the intended subject of an Engagement. For incidental bystanders, Beacon will make a good-faith effort to remove or obscure identifiable individuals in post-production where practicable. Beacon does not guarantee the removal of every person from every image.

3. Regulatory Compliance — FAA, Part 107, and Airspace

Licensed and registered operations. Beacon Aerial's operator holds a current FAA Part 107 Remote Pilot Certificate. All commercial flights performed by Beacon Aerial meet the following conditions:

  • they are conducted under that certification, by a certificated Remote Pilot;

  • they use aircraft registered with the FAA under its UAS registration program;

  • those aircraft are compliant with applicable Remote ID requirements.

Beacon does not undertake any commercial operation without the required certification, registration, and airspace authorizations in place.

Compliance handled by Beacon. Beacon manages all flight-authorization and regulatory compliance for each Engagement. Before every flight, Beacon secures all Low Altitude Authorization and Notification Capability (LAANC) and other FAA airspace authorizations required for the shoot location. Beacon observes applicable federal regulations, state law, and local ordinances governing the operation. The Client need not obtain or manage any aviation authorization on Beacon's behalf.

Assumption of flight liability. Beacon accepts responsibility for liability arising from its own flight operations that is addressed by the aviation liability insurance described in Section 10. This includes third-party property damage, bodily injury, and regulatory compliance relating to the conduct of the flight. This assumption of flight-operations liability is not subject to the general liability cap in Section 12.

Operational limits. Certain locations, altitudes, or operations may be constrained or prohibited. Such constraints include:

  • airspace classification;

  • temporary flight restrictions;

  • controlled-airspace ceilings;

  • operations-over-people rules;

  • property or venue restrictions;

  • unfavorable weather;

  • other regulatory factors.

Where any such constraint affects the Deliverables, Beacon will communicate the limitation to the Client as far in advance as practicable. Beacon will not conduct any flight that, in its sole professional judgment, cannot be performed safely and lawfully. No provision of an SOW shall be read to require otherwise.

4. Scheduling, Weather, Rescheduling, and Cancellation

Aerial photography is weather- and daylight-dependent.

Weather and safety rescheduling. Beacon Aerial may, in its sole discretion, deem conditions unsafe or unsuitable for quality work based on prevailing or forecast weather. Such conditions include high wind, precipitation, low visibility, or extreme temperature. In that case Beacon may postpone or reschedule a shoot. Beacon will reschedule any such shoot at the Client's earliest convenience at no additional cost. Weather or safety reschedules carry no penalty to either party.

Client rescheduling and cancellation. Client may reschedule or cancel without penalty with at least five (5) days' notice.

  • On a reschedule, the deposit transfers to the new date.

  • On a cancellation, the deposit is held as a credit toward any Engagement booked within twelve (12) months of the original shoot date. Any credit not used within that period is forfeited.

Cancellations or reschedules requested inside five (5) days, and no-shows, forfeit the deposit, because the date was held for Client and other bookings were declined.

Beacon cancellation. The deposit is fully refunded in either of these cases:

  • Beacon cancels an Engagement;

  • weather prevents the shoot and no mutually workable reschedule can be made within twelve (12) months.

5. Fees, Deposits, and Payment

Pricing for each Engagement is set out in the applicable quote or SOW.

Pricing basis. Price is driven primarily by shoot length and the number of edited Deliverables. For larger shoots, Beacon culls the raw capture and delivers to Client a proof containing flagged favorites. Client then confirms which images or clips are to proceed to final edit. The number of Deliverables Client elects to have edited is entirely within Client's control and is the primary variable determining final price. Virtual Staging, where requested, is priced separately as stated in the quote or SOW.

Travel. Locations outside a thirty (30) mile radius of Boston, Massachusetts incur an additional travel fee, a secondary driver of price. Following a complimentary phone consultation, Beacon provides Client a budgetary estimate for Client's review and approval prior to booking. The estimate includes any applicable travel fee.

Deposits. A deposit of twenty-five percent (25%) of the Engagement fee is required to hold a date. Deposits are refundable or creditable only as expressly stated in Section 4 and Section 12.

Balance. Unless otherwise stated in the SOW, the balance is due on delivery of the Deliverables. For approved recurring or volume Clients, Beacon may bill on a consolidated monthly statement on terms stated in the SOW.

Late balances. Overdue balances may accrue a service charge of one and one-half percent (1.5%) per month, or the maximum permitted by law, whichever is less.

Credit card surcharges (Massachusetts). Consistent with Massachusetts law, Beacon does not impose any surcharge for payment by credit card. Beacon may, at its discretion, offer a discount for payment by ACH bank transfer or check. Any such discount, where offered, is stated on the invoice.

Payment information. Beacon does not collect, process, store, or retain Client payment-card numbers or bank-account credentials. All payment transactions are handled by secure, industry-compliant third-party financial and accounting platforms. These include bank-operated transfer services and accounting or invoicing software. Section 9 governs Beacon's responsibility for third-party platforms.

6. Copyright and License

Beacon Aerial retains all copyright and ownership in all photographs, video, and other works created in the course of an Engagement, including raw, intermediate, and Original Image files. This applies unless Client separately purchases a written copyright assignment.

Upon full payment, Client receives a non-exclusive, non-transferable license to use the delivered Deliverables for the purpose stated in the Scope of Work. Examples include marketing of the specific listing, the couple's personal wedding use, or personal display of a commissioned piece.

Any use beyond the stated purpose requires a separate written license. This includes resale, sub-licensing, broad commercial distribution, or use by a party other than the Client. Exclusive rights, publicity restrictions, or full copyright assignment may be purchased at a premium quoted per Engagement. The license is subject to the labeling requirements in Section 7.5.

7. AI-Assisted Planning and Post-Production

7.1 Use of AI Tools. Beacon may use AI Tools for two purposes:

  • (a) flight and shoot planning, including forecasting light angle, sun position, weather windows, and composition;

  • (b) post-production editing as described in this Section.

AI Tools used in planning are advisory only. The certificated Remote Pilot retains sole authority and responsibility for every flight decision.

7.2 Conservative Enhancement. Unless Client directs otherwise in the SOW or in writing, Beacon may use AI Tools for conservative Enhancement only. This includes:

  • (a) lighting and exposure correction, including sky enhancement or replacement and window balancing;

  • (b) enhancement of interior and exterior lighting, including lamps, lanterns, and twilight-style lighting effects;

  • (c) cleanup of transient or seasonal conditions, such as leaves or debris on lawns, walkways, and driveways;

  • (d) removal of non-material, movable objects, such as vehicles, people, trash bins, hoses, and cluttered patio or outdoor furniture.

7.3 Material features. Beacon will not knowingly use AI Tools to add, remove, or alter material features of a property, whether on its own initiative or at Client's request. Material features include:

  • structures, rooflines, windows, doors, and architectural details;

  • room dimensions or layout;

  • permanent landscaping, hardscaping, pools, and water features;

  • views and neighboring properties;

  • utility lines, poles, and easements;

  • visible defects or damage;

  • any other feature a reasonable buyer would consider relevant to the property's condition or value.

7.4 Client AI preferences. Before each Engagement, Beacon will confirm with Client which AI use cases, if any, Client authorizes. Beacon will record them in the SOW. Client may limit or decline AI Enhancement entirely, in which case Beacon will use only conventional editing techniques.

7.5 Virtual Staging and labeling. Beacon provides Virtual Staging only on Client's express request. Every virtually staged image will be labeled "Virtually Staged" in its file name. Where Client requests, it will also carry a visible on-image notation. The corresponding unstaged image will be delivered alongside it.

Client shall not remove, crop out, or obscure any such labeling. Client shall not publish a virtually staged image without its corresponding disclosure. Any virtually staged image Beacon displays publicly under Section 8 will be identified as virtually staged.

7.6 Review for errors. AI Tools can generate inaccurate content, sometimes called "hallucinations," such as invented, distorted, or duplicated architectural features. Beacon reviews AI-assisted Deliverables in good faith, consistent with the spirit of the National Association of REALTORS® Code of Ethics. Beacon will remediate or flag any invented or materially inaccurate content it identifies. This review is a commercially reasonable effort, not a guarantee that every Deliverable is free of error.

7.7 Disclosure to Client. Beacon will disclose to Client which Deliverables were AI-enhanced or virtually staged, by file naming, delivery notes, or both. Original Images are retained and available on request as stated in Section 9.

7.8 Client's responsibility for final review and public disclosure. Client is solely responsible for the following before any Deliverable is published. This responsibility extends to any real estate licensee acting for Client.

  • (a) Performing a final review of every Deliverable to confirm that it presents a true picture of the property.

  • (b) Complying with the NAR Code of Ethics, including its advertising and true-picture obligations.

  • (c) Complying with applicable MLS rules and any federal, state, or local law governing digitally altered or AI-generated images.

  • (d) Making all required disclosures to the MLS, prospective buyers, and the public.

Client's use or publication of a Deliverable constitutes Client's acceptance of that Deliverable as reviewed.

7.9 Allocation of responsibility. Beacon is not responsible for any claim arising from:

  • Client's publication of a Deliverable;

  • Client's failure to perform the review described in Section 7.8;

  • Client's failure to make any required disclosure.

This does not apply to the extent the claim results from Beacon's knowing or intentional misrepresentation. Beacon's liability relating to AI-assisted Deliverables is otherwise subject to Section 12.

7.10 Third-party AI providers. AI Tools may be provided by third parties, and Deliverables may be processed on their systems. Beacon uses commercially reasonable efforts to select providers whose terms do not permit Client imagery to be used to train their models. Client may request in writing that no third-party AI Tools be used for an Engagement. Section 9 governs Beacon's responsibility for third-party providers.

7.11 Ownership. Section 6 applies to AI-assisted Deliverables. Client acknowledges that elements generated solely by AI Tools may not be eligible for copyright protection.

7.12 Application to other Engagements. Sections 7.3, 7.5, and 7.8 are written for real estate Engagements. For all other Engagements, including weddings, events, and commissioned work, the applicable SOW governs three things: the use of AI Tools, the scope of Enhancement, and any review obligations. Sections 7.1, 7.2, 7.4, 7.6, 7.7, 7.10, and 7.11 otherwise apply.

8. Publicity and Marketing Rights

By default, Beacon may feature the Deliverables and the general nature of the Engagement in its portfolio, website, and social-media channels. This is partial consideration for any marketing-rights discount applied to an Engagement. A Client requiring confidentiality may decline publicity in writing and forgo any associated discount. In that case, Beacon will not publicly display the Deliverables for that Engagement.

Beacon will not publish identifying private information, such as a home's interior security details. Beacon will honor reasonable, specific publicity restrictions agreed in writing.

9. Client Files, Privacy, Data Storage, and Retention

Personal information and privacy. Beacon collects only the personal information needed to respond to inquiries and perform the Services. This includes name, email, phone number, property address, and project details submitted through Beacon's website, email, or phone. Beacon's website may use basic analytics to understand site traffic.

Beacon uses this information solely to communicate with Client, schedule and perform Engagements, invoice, and maintain business records. Beacon does not sell or rent personal information. Beacon shares it only with the service providers described in this Section and in Sections 5 and 7.10, or where required by law. Inquiries about personal information, including requests for deletion, may be sent to flybeaconaerial@gmail.com.

Storage and redundancy. Deliverables are made available to Client through a third-party online client-gallery platform that encrypts data both in transit and at rest. Master copies of the Deliverables and Original Images are also retained with a third-party cloud storage provider. That provider:

  • maintains SOC 2 Type II and ISO/IEC 27001 compliance;

  • encrypts data in transit and at rest;

  • governs access with role-based access controls, multi-factor authentication, and least-privilege identity and access management (IAM) practices.

Deliverables are also backed up to local storage drives maintained by Beacon for redundancy. Where AI Tools are used, images may be transmitted to and processed by third-party AI providers.

Scope of stored data. The data Beacon stores in connection with an Engagement is limited to:

  • (a) the photographic and video Deliverables, Original Images, and associated working files;

  • (b) limited Client metadata, such as Client name, contact details, and project or Engagement information.

Beacon does not store, process, or retain any Client payment-card information, bank-account information, or other financial credentials.

Retention and deletion. As a convenience to Client, Beacon retains master copies of an Engagement's Deliverables and Original Images for one (1) year following delivery at no additional charge. Original Images are available to Client on request during this period. After this period, files may be deleted in the ordinary course.

Client may request deletion of Client Files at any time. Upon written request, Beacon will delete the Client's stored files and, on request, provide a written certificate of destruction confirming the deletion. Client is responsible for downloading and independently preserving the Deliverables. Beacon does not guarantee availability of files beyond the retention period.

Security and third-party disclaimer. Beacon and its service providers employ commercially reasonable safeguards. However, no method of electronic storage or transmission is perfectly secure, and Beacon does not warrant absolute security of any data.

To the maximum extent permitted by law, Beacon disclaims all liability for any unauthorized access to, interception of, breach of, corruption of, loss of, or disclosure of Client Files or Client data that arises from:

  • the act, omission, defect, outage, or compromise of any third party, including any first-party or third-party software, application, platform, hosting, storage, gallery, AI, financial, or supply-chain provider used in connection with the Services;

  • any other event outside Beacon's reasonable control.

Client's sole remedies for loss of Deliverables are as stated in Section 12.

10. Insurance

Beacon Aerial carries aviation liability insurance of no less than one million dollars ($1,000,000). Beacon does not conduct any commercial flight unless such coverage is bound and in force at the time of that flight. A certificate of insurance is available to Clients and venues on request.

Except as expressly stated in Section 3, no representation is made that any particular loss is covered. The existence of insurance does not expand Beacon's liability beyond the limits stated in Section 12.

11. Disclaimer of Warranties

The Services and Deliverables are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Beacon disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Beacon does not warrant:

  • that any specific shot, condition, vantage, or aesthetic result will be achievable;

  • that any flight will be authorized in any particular location or window;

  • that AI-assisted Deliverables will be free of generated inaccuracies;

  • that the Services will be uninterrupted or error-free.

12. Delivery Remedy and Limitation of Liability

Delivery remedy. Beacon captures and backs up footage across multiple independent layers. In the rare event that files are corrupted or lost and the contracted Deliverables cannot be provided, Client's sole and exclusive remedy is one of the following, at Client's election:

  • (a) a full one hundred percent (100%) refund of the fees paid for the affected Engagement; or

  • (b) a re-shoot at the earliest mutually convenient date at forty percent (40%) off the Engagement fee.

Limitation of liability. This limitation does not apply to liability arising from Beacon's flight operations as described in Section 3. Subject to that exception, and to the maximum extent permitted by law, Beacon's total aggregate liability for all claims shall not exceed the total fees actually paid by Client to Beacon for that Engagement. This cap covers any claim arising out of or relating to an Engagement, the Services, the Deliverables (including AI-assisted Deliverables), or these Terms. It applies whether the claim is in contract, tort (including negligence), strict liability, or otherwise.

In no event shall Beacon be liable for any of the following:

  • indirect, incidental, special, consequential, exemplary, or punitive damages;

  • lost profits, lost business, or lost opportunities;

  • lost or delayed sales or diminished property value;

  • lost or corrupted data;

  • reputational harm.

This exclusion applies even if Beacon was advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

13. Indemnification

Client agrees to indemnify, defend, and hold harmless Beacon Aerial LLC and its members, agents, and contractors. This covers any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • (a) Client's breach of these Terms or any SOW;

  • (b) Client's use of the Deliverables beyond the licensed purpose;

  • (c) Client's failure to obtain any property-owner, tenant, venue, occupant, or third-party permission or consent required for a shoot location or for persons appearing in the Deliverables;

  • (d) any third-party claim arising from information, access, or instructions Client provided;

  • (e) Client's publication of any Deliverable without completing the review and disclosures required by Section 7.8, or Client's removal of any labeling required by Section 7.5.

14. Force Majeure

Beacon is not liable for any failure or delay in performance caused by events beyond its reasonable control. Such events include:

  • weather or acts of God;

  • equipment failure;

  • loss of airspace authorization, regulatory action, or FAA restrictions;

  • illness or injury;

  • supplier, software, AI, or platform outage;

  • labor disruption, civil unrest, or governmental order.

Beacon will make reasonable efforts to reschedule affected Engagements. The deposit, credit, and refund provisions of Section 4 govern.

15. Governing Law and Dispute Resolution

These Terms and any Engagement are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute informally before pursuing other remedies. Any action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Massachusetts. The parties consent to the personal jurisdiction of those courts.

16. Changes to These Terms

Beacon may update these Terms from time to time. The version in effect at the time an Engagement is booked governs that Engagement. The current version is posted at this URL, with the "Last updated" date above. Continued use of the Services after an update constitutes acceptance of the revised Terms for new Engagements.

17. General

Entire agreement. These Terms, together with the applicable Scope of Work and invoice, constitute the entire agreement between the parties regarding the Services. They supersede all prior or contemporaneous understandings.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force. The unenforceable provision will be enforced to the maximum extent permitted by law.

No waiver. Beacon's failure to enforce any provision is not a waiver of its right to do so later.

Assignment. Client may not assign these Terms or any Engagement without Beacon's prior written consent. Beacon may assign its rights and obligations in connection with a sale or reorganization of the business.

Independent contractor. Beacon performs the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18. Contact

Beacon Aerial LLC
Boston, Massachusetts
flybeaconaerial@gmail.com
beaconaerial.studio