In recent years, drones have become a part of not only leisure activities but also the business environment. They are used mainly in energy, construction, marketing, agriculture and other sectors.
With the increasing use of drones for commercial purposes, the correct legal setting of the relationship between an entrepreneur and his client is becoming increasingly important. Incorrectly set contracts can lead to unnecessary legal disputes. Therefore, in today's article we will focus on how to set up contracts with clients correctly.
Contract types
First it is necessary choose the right contract type, which will correspond to the actual content of the obligation between the entrepreneur and the client. The content of the contract should correspond to the requirements of the chosen contractual type and should define with sufficient certainty the subject of performance, the rights and obligations of the contracting parties and other conditions. However, if the contract does not explicitly regulate some issues, the relevant provisions of the law relating to the given contractual type may apply. It is important to remember that When assessing a contractual relationship, it is not the name of the contract that is decisive, but rather its actual content..
Contract for work
One of the most commonly used contract types in the drone business is a contract for work. This contract, as The contractor undertakes to carry out the work at his own expense and risk, and the client, as the customer, undertakes to take over the work and pay the agreed price for it..
In the field of drone services, a work can be a specific output created using a drone, such as aerial photography, advertising video or other data output. It is advisable to precisely define, in particular, the form of the required output, the completion date and the price.
Lease agreement
By means of a rental agreement, you, as the lessor, undertake to provide the drone for temporary independent use, while the client, as the lessee, undertakes to pay the agreed rental fee. If the drone is rented including accessories, it is advisable to specify them accordingly.
We also recommend adjusting:
- rental period,
- How about insurance?
- technical condition upon receipt and, if applicable, also
- the possibility of leaving the drone for use by a third party.
Purchase contract
If the business focuses on selling drones or their accessories, the most commonly used type of contract will be a purchase agreement. Through it, you, as the seller, undertake to deliver the drone to the client and allow him to acquire ownership of it, while the client undertakes to take over the drone and pay the agreed purchase price. Attention should be paid primarily to the precise definition of the subject of purchase and the determination of the price. The drone should be clearly identified, in particular by stating the manufacturer, model and serial number. At the same time, it is also a good idea to assess the condition of the drone if it is a used drone.
Innominate contract
The contracting parties are not limited only to the contract types explicitly regulated in Act No. 89/2012 Coll., Civil Code, but they can also conclude a so-called innominate contract. This is an unnamed contract, the content of which the parties will adjust according to specific needs.This type is particularly suitable if no other type describes the intended contractual relationship. It is important that the contract is sufficiently specific and that its content is not contrary to law, good morals or public order.
What should not be missing from the contract?
Regardless of the chosen contract type, here are a few points that should not be missing in drone contracts:
- unambiguous identification of the contracting parties,
- precise definition of the subject matter of the contract,
- method, place and date of performance,
- price and payment terms,
- liability for damage,
- the possibility of withdrawing from the contract,
- and other specific rights and obligations of the parties.
Specifics of drone contracts
The actual implementation of a drone flight can be affected by a number of circumstances, in particular adverse weather, a technical fault with the drone, restrictions or prohibitions on operation in a given area or other safety obstacles. In certain circumstances, it is appropriate to adjust the contract as to how these situations will be handled, for example whether an alternative date will be determined, how this date will be determined, how costs already incurred will be reimbursed and other specific situations.
Framework agreement
In the case of long-term cooperation with repeated provision of drone services, concluding a framework agreement may be a suitable solution. This serves to set the basic rules of future cooperation and defines the conditions under which individual sub-contracts will be concluded.
A framework contract in itself usually does not create an obligation to perform specific tasks. It is particularly advantageous in terms of saving time and providing greater legal certainty in the case of repeated orders. For these reasons, it is excellently applicable, for example, in marketing or construction.
Other practical arrangements
Other contractual arrangements may also be useful, for example regarding options for using outputs created using drones, especially photos and videos, for your own presentation. It can also be practical to contract setting rules for data archivingthat arise from drone contracts.
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Properly set contracts are absolutely crucial when doing business with drones, especially in terms of preventing possible future disputes. The basis is to choose an appropriate contract type that corresponds to the intended content of the cooperation, and then supplement it with specific provisions that take into account the specifics of drones.
Do you need advice on contractual documentation in the field of drones or on setting up contractual relationships in general? Contact us, we will be happy to advise you.
JUDr. Ing. Jan Vych, attorney and partner
