Fifth Eye Crew – Member Agreement
Effective Date: 1/4/2025
This Membership Agreement (“Agreement”) is between Fifth Eye Aerial Limited, company number 11269032, with registered address at 11 Charlotte Place, London, England, W1T 1SJ (“Fifth Eye”), and the individual, sole trader or limited company (“Member”) who joins the Fifth Eye Crew membership.
By signing up for membership, the Member agrees to the terms outlined below.
1. Definitions
Key terms used throughout this Agreement include:
• CAA: Civil Aviation Authority
• Drone: An unmanned aerial vehicle (UAV)
• GVC Qualification: General Visual Line of Sight Certificate
• Equipment: Any drones or other gear provided by Fifth Eye
• Flight Log: Record of any flight made using Equipment
• Maintenance Check: Pre-flight inspection as outlined in our Operations Manual
• Member: The person or company joining the membership
• Operations Manual: Fifth Eye’s guide for safe and compliant drone use
• Risk Assessment: Document required before every Shoot
• Shoot: Any commercial filming activity using Equipment
• Shoot Protocol: Booking procedure for a Shoot
• Services: Any membership support, tools or benefits offered
2. Membership Agreement
By using Fifth Eye’s Services or Equipment, the Member agrees to be bound by this Agreement, including any future updates to it.
3. Fifth Eye’s Responsibilities
Fifth Eye agrees to provide the Services and access to Equipment as advertised on our website, subject to payment of the annual membership fee.
4. Member’s Responsibilities
The Member agrees to:
• Hold a valid NQE, GVC, or A2 CofC qualification.
• Follow Fifth Eye’s Operations Manual at all times.
• Complete a Risk Assessment and Maintenance Check before any Flight.
• Submit required documentation and flight notification before every Shoot.
• Report any accidents, damage, or injuries within 24 hours.
• Obtain any required permissions (e.g., from landowners).
• Keep Equipment safe and return it within 48 hours of a booking.
• Clearly display the Operator’s ID during use.
• Use Equipment for commercial use only.
• Not tamper with or sublease Equipment without permission.
• Notify Fifth Eye when using their own UAV and follow all safety procedures.
• Not invalidate Fifth Eye’s insurance.
5. Fees
• Membership costs £250 plus VAT per year (non-refundable).
• Payment must be made before access to Equipment or Services is granted.
• Late payments may incur interest at 3% above the Bank of England base rate.
• For any shoots using Fifth Eye Equipment where Members charge clients, profits are shared 50/50 with Fifth Eye.
• Fifth Eye reserves the right to audit Member invoices.
6. Intellectual Property
• All Fifth Eye branding, software, and content remain the property of Fifth Eye.
• Members receive a limited, non-transferable licence to use Services and Equipment during the membership term.
7. Subcontracting and Assignment
• Members may only subcontract work with written permission.
• Members remain responsible for any subcontractors using Equipment.
8. Data Protection
Both parties agree to comply with all applicable Data Protection Laws (including UK GDPR and the Data Protection Act 2018).
9. Insurance
• Public liability and property damage insurance is provided, assuming the Member meets their obligations.
• Members must obtain separate insurance for Flight Tests.
• In case of a claim, Members may be responsible for paying the insurance excess.
• Drones must not be flown under the influence of alcohol or illegal substances.
10. Indemnity and Limitation of Liability
• Members agree to indemnify Fifth Eye for any damages or claims arising from misuse or negligence.
• Fifth Eye’s liability is capped at £100,000, excluding indirect losses or damages.
• Nothing limits liability for death, personal injury, or fraud.
11. Term and Termination
• Membership lasts one year and renews automatically unless cancelled with at least 30 days’ notice.
• Fifth Eye may cancel membership at any time and issue a pro-rata refund.
• If terminated due to Member’s breach, no refund will be given.
12. Confidentiality
• Members must keep all Fifth Eye confidential information private, including trade secrets and internal materials.
13. Bribery Compliance
• Both parties will comply with the UK Bribery Act 2010.
14. Entire Agreement
This Agreement is the full agreement between the Member and Fifth Eye and overrides any previous discussions or documents.
15. Counterparts
This Agreement may be executed in multiple counterparts.
16. Severability
If any part of this Agreement is found unenforceable, the rest remains in effect.
17. Notices
All formal communications must be in writing and delivered via email or post to the contact details provided.
18. Force Majeure
Neither party is liable for delays caused by events outside their control (natural disasters, wars, pandemics, etc.).
19. No Partnership
This Agreement does not create a partnership or employment relationship between the parties.
20. Third Parties
This Agreement does not give rights to any third party, except Affiliates of Fifth Eye who may enforce specific terms.
21. Legal Compliance
The Member must comply with all relevant laws and maintain necessary permits and qualifications.
22. Governing Law
This Agreement is governed by the laws of England and Wales.
By signing up to become a Member of Fifth Eye Crew, you confirm you have read, understood, and agree to these Terms & Conditions.