Release of Liability
Create a California-compliant drone release of liability. Protect your Part 107 operations from privacy, property damage, and airspace violation claims.
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Commercial drone operations in California carry unique risks, from strict privacy laws under the CCPA to complex worker classification under AB 5. As a Part 107 certified pilot, you need a Release of... Read more
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Commercial drone operations in California carry unique risks, from strict privacy laws under the CCPA to complex worker classification under AB 5. As a Part 107 certified pilot, you need a Release of Liability that explicitly addresses property damage, payload risks, and airspace authorizations. Without a document specifying an Assumption of Risk and Waiver of Claims that aligns with California Civil Code § 1550 and § 1624, you are exposed to significant financial liability for crashes, gimbal malfunctions, or unintentional privacy invasions during data collection.
Beyond the standard release of liability sections, this template adds fields specific to Drone Pilot:
The core legal purpose of a Release of Liability is to protect one party (the Releasee) from legal claims or lawsuits from another party (the Releasor) related to the subject of the release, such as an activity, transaction, or event.
FAA Regulation Violations
Contracts can specify that pilot maintains active Part 107 certification and compliance with all FAA guidelines.
Privacy Invasions
Agreements often include clauses ensuring compliance with federal and state privacy laws, as well as specifying data collection practices.
Property Damage
Service contracts typically include indemnity clauses and require the pilot to have sufficient insurance to cover potential damages.
Airspace Violations
Contracts may require pilots to obtain necessary airspace authorizations and provide proof of compliance with flight plans.
For this release of liability to be legally valid:
Common mistakes to avoid:
FAA Part 107
Governs the commercial operation of small unmanned aircraft systems (sUAS), detailing requirements for operation, pilot certification, and aircraft limitations.
Enforced by Federal Aviation Administration (FAA)
FAA Section 336
Regulates model aircraft operations primarily for hobbyists, which can sometimes impact drone pilots in determining the commercial vs. recreational distinction.
Enforced by Federal Aviation Administration (FAA)
State-specific drone laws
Each state may have specific laws regulating drone use, such as registration requirements, privacy laws, and restricting operations in certain areas (e.g., near critical infrastructure or private property).
Enforced by State Aviation Authority or Department of Transportation
Recommended coverage: Aviation Liability Insurance · Commercial General Liability Insurance · Drone Hull Insurance (covers damage to the drone) · Errors and Omissions (E&O) Insurance
In California, a general release typically doesn't extend to claims the Releasor does not know or suspect to exist. Our document includes specific language to waive these unknown claims, ensuring your drone operation is protected against future disputes concerning latent property damage or privacy complaints.
While a release can mitigate civil liability between you and a client, it cannot waive your responsibility to the FAA. However, it does include indemnity clauses that protect you if a client's specific flight plan or payload request leads to unintended privacy issues or third-party property damage.
AB 5 uses the ABC test to classify workers. Our release is structured to reinforce your status as an independent business entity by clearly defining the scope of work, flight plan responsibilities, and the pilot's control over the UAS equipment and safety protocols.
In California, 'Assumption of Risk' is a critical defense, but it must be coupled with an Indemnification Clause and an Acknowledgment of Understanding. This ensures the client accepts the inherent risks of aerial maneuvers and payload operations, such as LiDAR or heavy-lift sensors.
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