Terms of Service for Sky Farm Tech

1. Definitions

• The Company - Sky Farm Tech, Inc. (the drone service provider).
• Client / Customer – The person or business requesting services.
• Services – Aerial application of agricultural products (e.g., herbicides, pesticides, fertilisers) using unmanned aerial vehicles (UAVs).

2. Scope of Services

• The Company agrees to provide aerial drone services as described in the agreed service quote, job order, or contract.
• Services may include:
• • Liquid Application e.g. spraying
  • Granular Applications e.g. fertilisers, seeding
  • Mapping or scouting flights
  • Application of client-provided or company-supplied chemicals.
  • Services will be carried out in accordance with applicable aviation and agricultural regulations.

3. Compliance With Aviation Regulations

All operations will be conducted in compliance with the rules and regulations of the Federal Aviation Administration (FAA) and any relevant aviation legislation governing remotely piloted aircraft systems.

4. Regulatory Compliance

• The Company will operate drones in accordance with applicable aviation and agricultural regulations.
• The Client agrees not to request services that violate local laws or chemical usage regulations.

5. Insurance

• The Company maintains appropriate liability insurance for drone operations.
• Proof of insurance may be provided upon request.

6. Safety

• Clients and workers must remain clear of the drone operating area during flights.
• The Company reserves the right to stop operations if safety risks are present.

7. Client Responsibilities

The Client agrees to:

• Provide accurate property boundaries, maps, and target areas.
• Ensure the site is safe and accessible for drone operations.
• Ensure all relevant neighbors have been notified prior to application.
• Ensure any neighboring Beekeepers or Bee Management companies have been notified prior to application.
• Provide/ supply clean suitable water (for chemical mixing)
• Inform the Company of:
• • Nearby people, livestock, buildings, water sources, or sensitive crops.
  • Any known hazards such as power lines or obstacles.
• Ensure chemical labels and application instructions are lawful and appropriate if providing chemicals.

8. Property Access and Permissions

• The Client confirms they have legal authority to request spraying on the property.
• The Client must obtain any required neighbour notifications or permissions where applicable.
• The client must ensure:
• • safe and lawful access to the property
  • clear identification of treatment areas
  • removal or notification of hazards including powerlines, fences, irrigation equipment, livestock, and structures.
  • The contractor will not be liable for delays caused by inaccessible paddocks or undisclosed hazards.

9. Property Damage

The contractor will take reasonable care when operating equipment on site. However, the contractor is not responsible for damage caused by:

• existing hazards
• unsuitable ground conditions
• undisclosed obstacles
• livestock interference.

10. Livestock and Persons on Site

The client must ensure all livestock, workers, and bystanders are kept clear of the operating area during spraying operations.

11. Client Spray Direction Clause

Where the client provides instructions regarding the selection of chemical products, application rates, treatment areas, or timing of application, the contractor shall be deemed to be acting strictly in accordance with the client’s directions.

The client acknowledges and agrees that:

• The contractor is not responsible for the selection of chemicals, application rates, or treatment strategies directed by the client.
• The client accepts full responsibility for any crop damage, off-target impact, ineffective treatment, or yield loss resulting from those instructions.
• The contractor is entitled to rely on the accuracy and suitability of all instructions provided by the client.

Where instructions are provided by the client regarding:

• herbicide selection
• pesticide or fungicide application
• fertiliser application
• chemical rates
• spray timing
• target areas

the contractor shall not be liable for any loss or damage arising from those instructions.

If the contractor provides recommendations, those recommendations are provided in good faith based on general industry knowledge and do not constitute agronomic advice unless explicitly agreed in writing.

The client agrees to indemnify and hold harmless the contractor against any claim, loss, or damage arising from the client’s instructions relating to spray operations.

12. Weather and Environmental Conditions

Drone spraying operations are highly dependent on suitable weather conditions.

Operations may be delayed, rescheduled, or cancelled due to:

• wind exceeding safe operating limits
• rainfall
• temperature inversions
• unsafe flying conditions

The contractor reserves the right to postpone operations to ensure safe and effective application.

13. Spray Drift and Environmental Risk

• While all reasonable precautions are taken, spray drift cannot be completely eliminated.
• The Client acknowledges potential risks of:
• • Wind drift
  • Environmental factors
  • Crop variability.
• The Company shall not be liable for damage caused by unpredictable environmental conditions beyond its control.

14. Chemical Use

• The Company will apply products according to manufacturer label instructions and legal guidelines.

Unless otherwise agreed in writing:

·       Chemicals may be supplied by the client or the contractor.

·       The client is responsible for ensuring chemicals supplied are correctly labelled, registered for use, and suitable for aerial application and the intended crop or weed treatment.

·       The contractor accepts no responsibility for crop damage resulting from incorrect chemical selection, rate, or instructions provided by the client.

15. Biosecurity

The contractor will take reasonable steps to maintain biosecurity standards; however, the client acknowledges the contractor cannot guarantee prevention of all contamination risks between properties.

16. Mapping and GPS Accuracy

Drone operations rely on GPS and mapping software. While accuracy is generally high, minor deviations may occur. The contractor accepts no liability for minor variations in application boundaries caused by GPS limitations.

17. Data and Mapping

• Any aerial imagery, maps, or data collected remain the property of the Company unless otherwise agreed.
• The Client may receive a usage license for farm management purposes.

18. Pricing and Payment

• Pricing may be based on:
• • Per acre
  • Per hour
  • Per job minimum
  • Travel (where applicable)
  • Chemical cost (if supplied by the Company)
• Payment terms may include:
• • Deposit prior to service
  • Balance due within 7 days of invoice (unless terms agreed)
• Late payments may incur interest or administrative fees.

19. Cancellations

• Cancellations within 24–48 hours of scheduled service may incur a minimum charge fee.
• If the Company arrives on-site and cannot operate due to inaccurate client information, a call-out fee may apply.

20. Limitation of Liability

• The Company’s liability is limited to the value of the services provided unless otherwise required by law.
• The Company is not responsible for:
• • Crop yield loss
  • Pre-existing crop disease or pest conditions
  • Indirect or consequential damages.

21. Force Majeure

The Company is not liable for delays or failures due to events outside reasonable control including:

• Extreme weather
• Natural disasters
• Equipment failure
• Regulatory restrictions.
  

22. Dispute Resolution

• Any disputes should first be resolved through good faith negotiation.
• If unresolved, disputes may be handled through mediation or arbitration before legal action.

23. Acceptance of Terms

By approving or accepting services, the Client agrees to these Terms and Conditions.