May 29, 2015

Exemption No. 11717

Regulatory Docket No. FAA–2015–0102

Ms. Mickie Barnett

Mr. Toby Barnett

Barnett Associates Real Estate Team

Keller Williams Realty Inc. - Marysville

1027 State Avenue, #102

Marysville, WA 98270 

Dear Ms. Barnett and Mr. Barnett:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated December 2, 2014 and April 16, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Barnett Associates Real Estate Team (hereinafter 

petitioner or operator) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography and video for advertising real estate and 

homes.

See Appendix A for the petition submitted to the FAA describing the proposed operations and

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, 

Barnett Associates Real Estate Team is granted an exemption from 14 CFR §§ 61.23(a) and 

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to 

allow the petitioner to operate a UAS to perform aerial data collection. This exemption is 

subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Barnett Associates Real Estate Team is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 
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exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
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reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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Federal Aviation Administration Exemption 

Petition for Exemption under Section 333 

FAA Modernization and Reform Act of 2012 

Public 112-95 Feb. 14, 2012, Section 333 

Submitted by: Barnett Associates Real Estate Team 

Date: 12/2/2014 

··._.!·; 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Table of Contents 

Contact Information ................................................................................................ 3 

Brokerage Company ................................................................................................ 3 

Exemption Applicant ................................................................................................ 3 

Mission Statement ................................................................................................ 4 

Intended UAS Use ................................................................................................ 5 

Specific Section of 14 CFR ................................................................................................ 6 

Intended Equipment for Exemption ................................................................................................ 7 

Aircraft Safety ................................................................................................ 8 

Aircraft Maintenance ................................................................................................ 9 

Safety Concerns ............................................................................................. 10 

Potential Hazards ............................................................................................. 11 

Insurance Policy ............................................................................................. 12 

Privacy Concerns .................................................................................... 13-14 

Operational Conditions ............................................................................................. 15 

Pilot Qualifications ............................................................................................. 16 

Pre-Flight Checklist ............................................................................................. 17 

Active Flight Operations ............................................................................................. 17 

Exemption Consultants ............................................................................................. 18 

Additional Resources ............................................................................................. 18 

Exhibit A ............................................................................................. 20 

Exhibit B .................................................................................... 21-22 

Exhibit C ............................................................................................. 23 

Exhibit D ............................................................................................. 24 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Contact Information 

Exemption Applicant 

Barnett Associates Real Estate Team 

Mickie Barnett, 425-750-9090, mickie@barnettassociates.net 

Toby Barnett, 425-210-0709, toby@barnettassociates.net 

www. Ba rnettAssociates.net 

1027 State Ave #102 Marysville, WA 98270 

Brokerage Company 

Keller Williams Realty Marysville 

Phone:360-653-1884 

Fax: 360-653-8610 

Reviewing Broker: Amy Wagner 

Team Leader: Tonja Wortham 

Operating Principal: Anton Stetner 

Market Center Administrator: Ron Haveman 

Toby Barnett Mickie Barnett 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Mission Statement 

"To exercise, and continue to exercise, operational control of a UAS in order to 

record video and capture pictures of real estate and properties for the purpose of 

selling properties, enhancing advertising campaigns, and increasing production of 

marketing materials." 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Intended UAS Use 

To record video and capture pictures of client's homes I properties for the use in 

real estate marketing materials. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Specific Section of 14 CFR 

Seeking specific exemption from: 

FAA Modernization and Reform Act of 2012, Public Law 112-95. Feb. 14, 2012, Section 333 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Intended Equipment for Exemption 

Aircraft: DJI Phantom 2 H3-3D 

Radio Frequency: 2.4GHz ISM 

Radio Sensitivity: -97dBm 

Manufactures Website: http://www.dii.com/ 

Cameras: GoPro Hero, GoPro Hero 2, GoPro Hero 3+, and GoPro Hero 4 

Manufactures Website: http://gopro.com/ 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Aircraft Performance 

Altitude: 1640 ft. (500m) 

Operational Range: 3,280 ft. (1,000m) 

Hover Accuracy: Ready to Fly 

Flight Time: 25 Minutes 

Battery Life 

o Quadcopter: 25 Minutes 

o Remote Control: Over 2 Hours of Continuous Use 

Weight (Battery & Propellers included): 1000g 

Precision Flight and Stable Hovering 

Self-Tightening Propellers 

Max Yaw Angular Velocity: 200°/s 

Max Tilt Angle: 35° 

Max Ascent Speed: 6m/s 

Max Descent Speed: 2m/s 

Max Flight Speed: 15m/s(Not Recommended) 

Take-off Weight: ~1300g 

Operating Temperature: -10°C ~ 50°C 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Maintenance 

To ensure safe operational control a maintenance schedule will be followed, a personal tailored 

maintenance manual has been created, and quality replacement part will be used. 

Inspection: Before and after every flight, the quadcopter's operational condition will be 

inspected for damage and deterioration. 

Maintenance 

o Simon Newton's Maintenance Videos 

• https://www.youtube.com/channei/UC1-HUeRKBGiKZrVhi0EtGjQ 

o Other tutorials and how-to videos 

• HypervisionAustralia Tutorials 

• https://www.youtube.com/channei/UCrREhHrA2ATDsdKM6uQyuWA 

Replacement Parts 

o DJI (manufacturer) 

o Reputable After Market Companies 

There is no intention in modifying aircraft beyond factory specifications. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Safety Concerns 

Spotter for Hazards: To ensure safety, either the co-listing agent, seller, or another party, will be on site 

to review hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be removed from the 

area. There will be no flight over heavily populated areas like stadiums, schools, malls, airports, casinos, 

and freeways. 

Airports: To ensure pilot(s) safety, there will no flight in or around airports unless explicit written 

permission is granted. 

Heavy Air Space Traffic: To ensure pilot safety, there will be minimal flight in heavy flight traffic areas or 

in known flight patterns. 

Weather: To ensure safety of spotter, co-listing agents, property owners, and pet and wildlife flights will 

be conducted in optimal weather conditions. 

Return-to-Home Feature: In the event the DJI Phantom 2 H3-3D loses signal or runs critically low on 

battery the UAS has a GPS controlled return to home feature. The 'home' is set upon flight startup. 

Auto Return-to-Home & Landing 

See Pre-Flight Checklist Exhibit A 

Flying in Confined Areas: There is a high probability of flying in confined spaces, around residential 

properties. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Potential Hazards 

The following are potential hazards that may, or may not be, present during flight operations: 

Jets, Airplanes, Gliders, and other UASs 

Houses, Commercial Buildings, Shops, and Out Buildings 

Power Lines, Low Voltage Lines, High Voltage Lines, Cable Lines 

Trees, Shrubs, and Hedges 

Automobiles and RVs 

Wildlife, both Land and Air 

Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water 

Unaccounted for People 

Unaccounted for Pets 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Insurance Coverage 

Commercial UAS insurance coverage is not currently available through private insurers or through AMA 

(Academy of Model Aeronautics). 

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Privacy Concerns 

During flight operations privacy concerns are ofthe highest priority. 

With each commercial flight a signed Northwest Multiple Listing Service (NWMLS) Form 1A, listing 

agreement, will be in place. 

Exhibit B 

In addition to the signed NWMLS Listing Agreement, the Barnett Associates Real Estate Team will have a 

seller/property owner signed letter authorizing the UAS's use for marketing purposes. 

Exhibit C 

Neighboring parcels or properties: During each flight operation, the UAS pilot will be extremely mindful 

of neighboring parcels to not film, record, or take pictures of people and property without their written 

& signed consent. 

*Privacy Concerns Continue on following page. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Privacy Concerns Cont. 

Suburban Homes & Properties 

Homes that are within residential neighborhoods, it is easy for the camera's field of view to record and 

take pictures of homes and properties that are not intended for to be advertised for sale. As the UAS 

increases altitude, so does the risk of inadvertently filming a home or property that hasn't given written 

permission to do so. 

However, in many home and property listing pictures it happens that neighboring homes are in the 

advertising pictures due to the neighborhood layout and neighboring properties. 

It is the opinion of the Barnett Associates Real Estate Team that higher altitude video and pictures are 

not as effective when advertising a suburban home because: 

1. Higher altitude video and pictures isn't that useful in showing the lot's layout. 

· 2. It is easy to discern lot lines and property boundaries from ground level and recorded plat maps. 

3. Privacy is an instant concern. 

Properties with Acreage 

Homes and properties with acreage have a higher degree of uncertainty when trying to determine lot 

lines, boundaries, and proximity to neighboring properties than a suburban home. Also, people looking 

to purchase a home with acreage, or a larger lot, have a higher degree of interest on knowing were the 

approximate lot lines are from an aerial perspective. That is why homes and property with acreage 

"makes more sense" to film with a UAS. 

Homes with View & Waterfront 

People looking to purchase and/or sell a home, or a property, with a view, or on waterfront, want to see 

the home or property from an aerial perspective and to be showcased in this format. This is part of 

property owner profile. In addition, even though neighboring parcels might be shown in the picture and 

video, the neighboring properties will only be included if is necessary to the subject property's 

marketing materials. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Operational Conditions 

To capture high resolution images and video operational conditions will be closely monitored because 

showcasing a home in the best light is the utmost client priority. 

DayTime 

o Sunny Weather is Highly Preferred 

o Little to No Cloud Cover 

o Zero to Low Wind Speeds 

o High Visibility Conditions 

*No night-time operations are scheduled. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Pilot Qualifications 

Training Sessions for a Barnett Associates Real Estate Team certified pilot(s). 

Current Pilot: Toby Barnett 

Pilot's Flight Log: Exhibit D 

D Watch Online Training Videos 

D Watch Online Training Videos for Specific Type of Filming Needs 

D New Pilots will Shadow and Act as Current Pilot's Spotter for 3 Months Prior to First Flight 

Operations 

D Attend Upcoming, and Local, UAS Courses (This is Part of Pilot's Continuing Education) 

D Attend Local Course Hosted by DJI (This is Part of Pilot's Continuing Education) 

D Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this Document 

To make sure pilot(s) stay current with rules, laws, safety techniques, filming practices, pilot(s)s are 

required to take at least 1 continuing education course offered through a 3rd party every year and 

provide Barnett Associates Real Estate Team with proof of course attended. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Pre-Flight Checklist 

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist will then be filed with 

every property's file in the event of an audit. 

Preflight Checklist: Exhibit A 

Active Flight Operations 

Exercise continuous control of UAS, monitor potential hazards, be aware of changing environments that 

may present hazards. 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Kelly W Barnett 

Captain DA90/50 

Exemption Consultants 

Director of Maintenance Trident Seafoods 

Type DA90/50 GIV, HS125 

Commercial Helicopter 

Barry Hurd 

Digital Business Strategist- Barry works with organizations to utilize emerging technologies in a safe and 

effective way. He has detailed knowledge of the flight platform noted in EXHIBITXXXXX and has years of 

experience controlling aerial and ground based camera platforms including high-population trade shows 

and indoor/outdoor events. In addition, he also has an intensive background of competitive research on 

conditions in the drone and aerial videography industries. He has a highly technical understanding of 

remote vehicular transmissions and controls and camera gimbal/turret assemblies. As part of this 

exemption he was asked to review not only conditions relevant to the scope of this exemption, but to 

advise on the safe and ethical utilization of the system. 

Todd McWilliams 

Boeing Electrical Engineer 777 Legacy Program 

Additional Resources 

http://knowbeforeyoufly.org/ 

http://www .dji.com/newpilot 

https://www.youtube.com/channei/UCRjoWtWg9BPyZK8YxMrH2Zw 

http://www.modelaircraft.org/ 

http://www.dji.com/product/phantom-2/download 

http://www.dii.com/product/phantom-2/spec 

http://www.dii.com/support 

http://wiki.dii.com/en/index.php/Phantom 2 

http://wiki.dji.com/en/index.php/Phantom 2 Vision%2B Flight Limits 

http://www .d ji.com/newpilot 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
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Pre-Flight Checklist 

Flight Operation Location: __________ _ 

Pilot:--------,-------

Date:-------------

D Conduct Walk Around of Flight Area 

D Identify Potential Hazards with Spotter 

D Locate Safe Launch & Landing Area 

D Set Spotter (Spotter May Change Location due to Filming Angle) 

D Secure all Pets 

D Request on Non-Essential Personnel to Remain Behind Pilot 

D Unpack All Equipment from Transportation Case 

D Power Up Remote 

D Power Up GoPro 

D Initiate Video Recording 

D Power Up DJI Phantom 2 

D Launch DJI Phantom 2 

D Conduct Flight Operations 

D Land DJI Phantom 2 in Designated Landing Area 

D Power Down DJI Phantom 2 

D Turn Off Video Recording 

D Power Down GoPro 

D Power Down Remote 

D Put All Equipment Back into Transportation Case 

Pilot Signature 
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Form 1A 

Exclusive Sale 

Rev. 6/13 

Page 1 of 2 

EXCLUSIVE SALE AND LISTING AGREEMENT 

©Copyright 2013 

Northwest Multiple Listing Service 

ALL RIGHTS RESERVED 

----------------------------------------------------------------------------- ("Seller") 

hereby grants to------------------------, ("Real Estate Firm" or "Firm") 2 

from date hereof until midnight of ("Listing Term"), the sole and exclusive right 3 

to submit offers to purchase, and to receipt for deposits in connection therewith, the real property ("the Property") 4 

commonly known as---------------------------------------------------------------- 5 

6 

7 

8 

City ----------------' County ----------, Washington, Zip _________ _ 

to be listed at$ _______ _ and legally described as: LOT _____ , BLOCK _____ _ 

DIVISION---------' VOL-------- PAGE ___________ _ 

9 

1. DEFINITIONS. For purposes of this Agreement: (a) "MLS" means the Northwest Multiple Listing Service; and (b) "sell" 10 

includes a contract to sell; an exchange or contract to exchange; an option to purchase; and/or a lease with option to 11 

purchase. 12 

2. AGENCY/DUAL AGENCY. Seller authorizes Firm to appoint 13 

as Seller's Listing Broker. This Agreement creates an agency relationship with Listing Broker and any of Firm's brokers 14 

who supervise Listing Broker's performance as Seller's agent ("Supervising Broker"). No other brokers affiliated with 15 

Firm are agents of Seller, except to the extent that Firm, in its discretion, appoints other brokers to act on Seller's behalf 16 

as and when needed. If the Property is sold to a buyer represented by one of Firm's brokers other than Listing Broker 17 

("Buyer's Broker"), Seller consents to any Supervising Broker, who also supervises Buyer's Broker, acting as a dual 18 

agent. If the Property is sold to a buyer who Listing Broker also represents, Seller consents to Listing Broker and 19 

Supervising Broker acting as dual agents. If any of Firm's brokers act as a dual agent, Firm shall be entitled to the entire 20 

commission payable under this Agreement plus any additional compensation Firm may have negotiated with the buyer. 21 

Seller acknowledges receipt of the pamphlet entitled "The Law of Real Estate Agency." 22 

3. LIST DATE. Firm shall submit this listing, including the Property information on the attached pages and photographs of 23 

the Property (collectively, "Listing Data"), to be published by MLS by 5:00 p.m. on ("List Date"), 24 

which ·date shall not be more than 30 days from the effective date of the Agreement. Seller acknowledges that exposure 25 

of the Property to the open market through MLS will increase the likelihood that Seller will receive fair market value for 26 

the Property. Accordingly, prior to the List Date, Firm and Seller shall not promote or advertise the Property in any 27 

manner whatsoever, including, but not limited to yard or other signs, flyers, websites, e-mails, texts, mailers, magazines, 28 

newspapers, open houses, previews, showings, or tours. 29 

4. COMMISSION. If during the Listing Term (a) Seller sells the Property and the buyer does not terminate the agreement 30 

prior to closing; or (b) after reasonable exposure of the Property to the market, Firm procures a buyer who is ready, 31 

willing, and able to purchase the Property on the terms in this Agreement, Seller will pay Firm a commission of (fill in 32 

one and strike the other) % of the sales price, or $ ("Total Commission"). From the 33 

Total Commission, Firm will offer a cooperating member of MLS representing a buyer ("Selling Firm") a commission of 34 

(fill in one and strike the other) % of the sales price, or$ . Further, if Seller shall, within six 35 

months after the expiration of the Listing Term, sell the Property to any person to whose attention it was brought 36 

through the signs, advertising or other action of Firm, or on information secured directly or indirectly from or through 37 

Firm, during the Listing Term, Seller will pay Firm the above commission. Provided, that if Seller pays a commission to a 38 

member of MLS or a cooperating MLS in conjunction with a sale, the amount of commission payable to Firm shall be 39 

reduced by the amount paid to such other member(s). Provided further, that if Seller cancels this Agreement without 40 

legal cause, Seller may be liable for damages incurred by Firm as a result of such cancellation, regardless of whether 41 

Seller pays a commission to another MLS member. Selling Firm is an intended third party beneficiary of this Agreement. 42 

5. SHORT SALE I NO DISTRESSED HOME CONVEYANCE. If the proceeds from the sale of the Property are insufficient 43 

to cover the Seller's costs at closing, Seller acknowledges that the decision by any beneficiary or mortgagee, or its 44 

assignees, to release its interest in the Property, for less than the amount owed, does not automatically relieve Seller of 45 

the obligation to pay any debt or costs remaining at closing, including fees such as Firm's commission. Firm will not 46 

represent or assist Seller in a transaction that is a "Distressed Home Conveyance" as defined by Chapter 61.34 RCW 47 

unless otherwise agreed in writing. A "Distressed Home Conveyance" is a transaction where a buyer purchases 48 

property from a "Distressed Homeowner" (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to 49 

continue to occupy the property, and promises to convey the property back to the Distressed Homeowner or promises 50 

the Distressed Homeowner an interest in, or portion of, the proceeds from a resale of the property. 51 

Seller's Initials Date Seller's Initials Date 
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Form 1A 

Exclusive Sale 

Rev. 6/13 

Page 2 of2 

EXCLUSIVE SALE AND LISTING AGREEMENT 

Continued 

©Copyright 2013 

Northwest Multiple Listing Service 

ALL RIGHTS RESERVED 

6. KEYBOX. Firm is authorized to install a keybox on the Property. Such keybox may be opened by a master key held by 52 

members of MLS and their brokers. A master key also may be held by affiliated third parties such as inspectors and 53 

appraisers who cannot have access to the Property without Firm's prior approval which will not be given without Firm 54 

first making reasonable efforts to obtain Seller's approval. 55 

7. SELLER'S WARRANTIES AND REPRESENTATIONS. Seller warrants that Seller has the right to sell the Property on 56 

the terms herein and that the Property information on the attached pages to this Agreement is correct. Further, Seller 57 

represents that to the best of Seller's knowledge, there are no structures or boundary indicators that either encroach on 58 

adjacent property or on the Property. Seller authorizes Firm to provide the information in this Agreement and the 59 

attached pages to prospective buyers and to other cooperating members of MLS who do not represent the Seller and, 60 

in some instances, may represent the buyer. Seller agrees to indemnify and hold Firm and other members of MLS 61 

harmless in the event the foregoing warranties and representations are incorrect. 62 

8. CLOSING COSTS. Seller shall furnish and pay for a buyer's policy of title insurance showing marketable title to the 63 

Property. Seller shall pay real estate excise tax and one-half of any escrow fees or such portion of escrow fees and any 64 

other fees or charges as provided by law in the case of a FHA or VA financed sale. Rent, taxes, interest, reserves, 65 

assumed encumbrances, homeowner fees and insurance are to be prorated between Seller and the buyer as of the 66 

date of closing. 67 

9. MULTIPLE LISTING SERVICE. Seller authorizes Firm and MLS to publish the Listing Data and distribute it to other 68 

members of MLS and their affiliates and third parties for public display and other purposes. This authorization shall 69 

survive the termination of this Agreement. Firm is authorized to report the sale of the Property (including price and all 70 

terms) to MLS and to its members, financial institutions, appraisers, and others related to the sale. Firm may refer this 71 

listing to any other cooperating multiple listing service at Firm's discretion. Firm shall cooperate with all other members 72 

of MLS, or of a multiple listing service to which this listing is referred, in working toward the sale of the Property. 73 

Regardless of whether a cooperating MLS member is the agent of the buyer, Seller, neither or both, such member shall 7 4 

be entitled to receive the selling firm's share of the commission. MLS is an intended third party beneficiary of this 75 

agreement and will provide the Listing Data to its members and their affiliates and third parties, without verification and 76 

without assuming any responsibility with respect to this agreement. 77 

10. DISCLAIMER/SELLER'S INSURANCE. Neither Firm, MLS, nor any members of MLS or of any multiple listing 78 

service to which this listing is referred shall be responsible for loss, theft, or damage of any nature or kind whatsoever to 79 

the Property and/or to any personal property therein, including entry by the master key to the keybox and/or at open 80 

houses. Seller is advised to notify Seller's insurance company that the Property is listed for sale and ascertain that the 81 

Seller has adequate insurance coverage. If the Property is to be vacant during all or part of the Listing Term, Seller 82 

should request that a "vacancy clause" be added to Seller's insurance policy. 83 

11. FIRM'S RIGHT TO MARKET THE PROPERTY. Seller shall not commit any act which materially impairs 84 

Firm's ability to market and sell the Property under the terms of this Agreement. In the event of breach of the foregoing, 85 

Seller shall pay Firm a commission in the above amount, or at the above rate applied to the listing price herein, 86 

whichever is applicable. Unless otherwise agreed in writing, Firm and other members of MLS shall be entitled to show 87 

the Property at all reasonable times. Firm need not submit to Seller any offers to lease, rent, execute an option to 88 

purchase, or enter into any agreement other than for immediate sale of the Property. 89 

12. SELLER DISCLOSURE STATEMENT. Unless Seller is exempt under RCW 64.06, Seller shall provide to Firm 90 

as soon as reasonably practicable a completed and signed "Seller Disclosure Statement" (Form 17 (Residential), Form 91 

17C (Unimproved Residential), or Form 17 Commercial). Seller agrees to indemnify, defend and hold Firm harmless 92 

from and against any and all claims that the information Seller provides on Form 17, Form 17C, or Form 17 Commercial 93 

is inaccurate. 94 

13. DAMAGES IN THE EVENT OF BUYER'S BREACH. In the event Seller retains earnest money as liquidated 

damages on a buyer's breach, any costs advanced or committed by Firm on Seller's behalf shall be paid therefrom and 

the balance divided equally between Seller and Firm. 

95 

96 

97 

14. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and 98 

is successful, the other party agrees to pay reasonable attorneys' fees. In the event of trial, the successful party shall be 99 

entitled to an award of attorneys' fees and expenses; the amount of the attorneys' fees and expenses shall be fixed by 100 

the court. The venue of any suit shall be the county in which the Property is located. 101 

Are the undersigned the sole owner(s)? 0 YES 0 NO 

Seller's Signature Date 

Seller's Signature Date 

102 

~~~~--------------------------103 Real Estate Firm 

~~~--~--------------------~~--1M Broker's Signature Date 
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Keller Williams Realty Marysville kw KELLER WILLIAMS 

REALTY 

RE: Authorization to Record Video & Photograph Property 

I, legal seller and/or representative, authorize and give permission 

to the Barnett Associates Real Estate Team to record video and photograph the property commonly 

known as: 

The recorded video and photography is to be used in a manner consistent with current real estate 

marketing strategies and advertising techniques. 

Sincerely, 

Signature Date 

Signature Date 

Keller Williams Realty, Inc- Marysville 1027 State Ave #102 Marysville, WA 98270 360-653-1884 
'~~---- "--~./ .. ...___ / \___ __ _,. , _ ___/ \....._____/~ '~__,/ ~_./ '-... ___ / \. ___ ./ \,_ __ / '--.._ __.../ '--..____./ '--...__ .. j ''>-_/ 

Barnett Associates Real Estate Team 

Flight Log 

PILOT Toby Barnett 

TOTAL HOURS 

DATE HOURS LOCATION 

10/10/2014 20 (Home) 17712 83rd Dl * indicates weather 

10/11/2014 20 

10/12/2014 20 

10/17/2014 20 13527 27th St SE Snohomish WA 98290 

10/21/2014 20 19025 Sound View DR Stanwood WA 98292 

10/28/2014 5 * (My House) 17712 83rd DR NE Arlington, WA 98223 

10/29/2014 15 13709 58th Ave NW Stanwood, WA 98292 

11/7/2014 20 18002 123rd Ave NE P. Location: 

11/7/2014 20 3120 147th Ave NE, Lake Stevens 

11/12/2014 15 Everett Marina Park 

11/28/2014 20 Kamaole Beach Park Ill Maui, HI 

11/29/2014 20 Twin Falls Maui, HI 

11/30/2014 10 Ahihi Kinau Natural Area Resv. 

12/1/2014 20 Kamaole Beach Park Ill Maui, HI 

12/3/2014 20 Kalama Beach Park Maui, HI 

12/5/2014 20 Kamaole Beach Park Ill Maui, HI 

12/6/2014 20 Kamaole Beach Park Ill Maui, HI 

12/14/2014 20 (My House) 17712 83rd DR NE Arlington WA 98223 

12/18/2014 15 1027 State Ave #102 Marysville WA 98270 

12/25/2014 10 (My House) 17712 83rd DR NE Arlington WA 98223 

12/29/2014 20 Patrick Johnson's Granite Falls farm 

1/6/2014 20 The Granite Falls in Granite Falls Washington 

1/6/2014 10 Blue Stilly Park in Arlington WA 

1/7/2014 20 The Granite Falls in Granite Falls Washington 

1/9/2015 15 Deer Lake Whidbey Island, WA 

7.25 

~-- /' '--...___j ~-- '--...-/ '-----~/ ~~/ '-....._______/ ~ '----.. ___ j \ .. , ___ _) '-..,._ __ j ~--/ '------' ·'._j 

PROJECT 

Project: https://www.youtube.com/watch?v=XnDMHkpcEgA 

Project: https:/ /www.youtube.com/watch?v=549SAiun18k 

Project: https://www.youtube.com/watch?v=zYpaFN7h93w 

Project: https://www.youtube.com/watch?v=nfiZGbynBuM 

Project: https:/ /www.youtube.com/watch?v=bAaThGhJ8rc 

Project: https:/ /www.youtube.com/watch?v=1g5SFWbFHqw 

'-...__/ --....____/ ' '·/ '--... ___ ./ ..... _j 
From: Ngo, Dan (FAA) 

Sent: Tuesday, April 28, 2015 11:06 AM

To: 'toby@barnettassociates.net'

Subject: Petition for Exemption: Barnett Associates Real Estate Team FAA-2015-0102

Mr. Barnett,

This is email is to confirm receipt of the submission of the supplemental documents dated April 16, 

2015. I have added them to your file for review.

Regards,

Dan Ngo

Dan Ngo

Office of Rulemaking, Aircraft and Airport Rules Division 

Federal Aviation Administration

202.267.4264