12.3

Insurance & contracts

Insurance and contracts: what the rules don’t require

Two questions come up for almost every working pilot, and Part 107 answers neither: insurance and contracts. Nothing in the part requires you to carry insurance, and nothing in it dictates what your agreements with clients must say. As the last two sections set up, that is because both sit outside § 107.1’s scope — Part 107 governs the flying, and these are business matters on the other side of that line. The silence is real, not a gap this book is glossing over: you can hold a valid certificate, fly a fully legal operation, carry no insurance and use no written contract, and Part 107 raises no objection at all.

That silence does not make the questions disappear — it hands them to you. Because the rule will not decide them, they become questions a working pilot answers for their own operation rather than looks up. Whether to carry insurance, and what kind, is a judgment about which risks you are willing to hold yourself and which you would rather transfer — a business decision, not a regulatory one. What you put in a client agreement — the scope of the work, the deliverables, who is responsible if something goes wrong, who owns the footage — is likewise yours to set, under ordinary contract law that Part 107 never touches. This book will not hand you those answers, because they depend on your operation and they are not in the rule; what it can honestly tell you is that the questions belong to you.

The useful discipline is simply noticing which questions the certificate answers and which it does not. “Am I legal to fly this?” is a Part 107 question with a lookup-able answer, and this book has spent eleven chapters on questions of exactly that shape. “Am I protected if something goes wrong, and does my client agreement actually say what I think it says?” are working-pilot questions with no answer anywhere in the regulation. That is precisely why a serious operation weighs them deliberately instead of assuming the certificate covers them. It does not — and it was never meant to.

Key terms

Insurance (not required)ContractsRisk transferBusiness decisionQuestions the pilot answers