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Flying drones and model aircraft terms and conditions

Schedule to application permission to use an unmanned aircraft system within Leicester city

Contents

  1. License
  2. Operation
  3. Acknowledgement
  4. Indemnity
  5. Termination

Terms and conditions applying to use of the Unmanned Aircraft System (UAS) (if permission is granted):

1. License

In consideration of the obligations contained in this Application Form, if Leicester City Council grants permission to operate the UASs within the specified area defined within the permission confirmation, then it Will do so on the basis of a non-transferable and non-exclusive license granted to the Applicant personally to operate the UAS at the Location(s) for the Purpose during the Use Period only, and otherwise strictly subject to these Terms and Conditions and any other conditions attaching to Leicester City Council's permission.

2. Operation

2.1

Prior to use, the Applicant shall (and shall procure that the Pilot shall) ensure that the is in good and safe working order generally, and that all proper safety precautions, checks and tests have been taken, including the testing of all safety and warning lighting and devices.

2.2

In operating the UAS, Applicant shall (and shall procure that the Pilot shall) ensure that:

  1. the UAS is operated safety and for legitimate purposes only by property qualified, skilled and competent persons, and is not used for any purpose that is unsuitable for its technical or operational capabilities;
  2. no nuisance or disturbance is caused to residential property or any of the other users or occupiers of the City or its or their use and quiet enjoyment;
  3. no interference is caused with the receipt or transmission of electronic communications within, to or from private, commercial or public sources and, if necessary, all necessary steps have been taken to prevent such interference (including, the suppression of electrical interference by the and the fitting of any temporary deuces to preserve the quality of electronic reception in the surrounding area;
  4. the UAS is operated in full compliance with all applicable laws, regulation and codes of practice (including, all Health and Safety legislation, the Data Protection Act 2018 and the CCTV Code of Practice issued by the UK Information Commissioner's Office);
  5. the UAS is operated in accordance with all regulations, codes of practice, directions and instructions issued by the Civil Aviation Authority, Air Traffic Control or any other relevant authority;
  6. the Pilot shall wear high-visibility clothing clearly identifying him/her as the Pilot of the Drone; and
  7. the Pilot shall at all times carry evidence that Leicester City Council has given permission for the operation of the UAS and all terms and conditions attaching to that permission.

2.3

The Applicant shall immediately notify Leicester City Council of any injury or damage caused by the UAS or its operation, including damage to any buildings, fixtures, structures (permanent or temporary), goods, chattels, vehicles or equipment, whether belonging to Leicester City Council or any other person.

2.4

The Applicant shall ensure that the Pilot holds all necessary permissions, licenses, permits, consents or authorizations for aerial work issued by the Civil Aviation Authority, and complies in full with the terms of such permission, license, permit, consent or authorization, and will not contravene, by act or omission, any applicable law, regulation or code of practice in force from time to time, including, the Air Navigation Order 2009, EC Regulation 785/2004 and the Data Protection Act 2018.

3. Acknowledgement

3.1

The Applicant acknowledges and agrees that Leicester City Council shall not be liable to the Applicant, the Pilot or to any other person, whether in ton (including for negligence or breach of statutory duty), contract or otherwise, for any death, personal injury or damage (to property or otherwise) caused by the UAS or its operation.

3.2

The Applicant acknowledges that there is an inherent risk of physical injury or property damage being caused to anyone or anyone's property, connected to the operation of Drones and voluntarily assumes and willingly accepts all such risks.

3.3

Where the Drone is equipped with any camera or audio recording equipment, the Applicant acknowledges that Leicester City Council has not sought or obtained any consents in relation to the making, use or processing of any recordings so obtained.

4. Indemnity

The Applicant shall at all times indemnify Leicester City Council and any other users or occupiers of Leicester City's land and any other person against any of the following events arising out of or connected with either the use and operation of the UAS or the use or processing of any recording made during such use and operation or any breach of, or non-compliance with, any of these Terms and Conditions, including any wrongful act, neglect or default of any person operating the Drone:

  1. any damage or injury or death sustained by Leicester City Council or any of the other user or occupier of the City of Leicester or any other person;
  2. any loss of or damage to the property of Leicester City Council or any of the other users or occupiers of the City or any other person, including any buildings, fixtures, structures (permanent or temporary), goods, chattels, vehicles or equipment; and
  3. all actions, proceedings, claims, demands, losses, costs, damages, expenses and liability brought against or suffered or incurred by Leicester City Council or any other users or occupiers of Leicester City or any other person

5. Termination

Leicester City Council has the right at any time and for any reason to terminate any permission or license granted by it in connection with the UAS. Termination shall not affect either any of the rights or remedies of Leicester City Council the obligations or liabilities of the Applicant that have accrued up to the date of termination. The Applicant shall not be entitled to any refund of any fees paid in consideration of this license in the event of termination.