All customers, clients and end users are subject to the terms and conditions of Lynchypx (ABN 67 905 179 165) legal and copyright agreement.

(Terms & Conditions Updated & Published On 14/01/2020 at 2:55pm)

Photography Quotes

The fees quoted by Lynchypx Photography (ABN 67 905 179 165) are for the original job description as presented by the client (referred to from here on as ‘the client’). Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Quotes are valid for 30 days.

Client Approval

It is the responsibility of the client to ensure that an authorised representative is present during the photography for the client. If no authorised representative is present, the photographer’s interpretation shall be accepted. Lynchypx Photography takes responsibility for ensuring that the images supplied to the client are of a professional standard, delivered in reasonable time, and that the subject (if working with people) receives professional on-camera direction.

Cancellations & Postponements

In the event of cancellation or postponement of the shoot for reasons beyond the control of Lynchypx, the client shall pay all expenses incurred by Lynchypx Photography such as location scouting and model casting up to the time of cancellation. If a shoot is cancelled within 24 hours of the shoot date, the client shall also pay 50% of the photographer’s anticipated fee and 100% of the anticipated fees of any subcontractors booked for the job.

Deposits

In order to hold a particular shoot date, industry to consumer clients may be required to pay 50% of their total fee upfront. It shall be understood that by holding a shoot date, Lynchypx Photography will be turning away other potential bookings for that date. In the event where a client cancels their booking within 7 days of the planned shoot, this amount will not be refunded.

Payment

Consumer clients and sole traders will pay 100% by the shoot date. Industry clients who are based overseas may be required to pay an up front deposit followed by full payment within 30 days. Established companies based in Australia shall make payment within 30 days of the invoice. Late payments will be billed at $20.00/month handling fee and 1.5% per month interest. When the estimated expenses exceed $3,000, new clients will pay 50% in advance of the shoot.

Day Rate

A day rate is based on an 8 hour day (or less). Within this period there is a 40 minute meal break and a 10 minute break every 2 hours. A half day rate is based on 4 hours (or less), with a 10 minute break after 2 hours.

Turn Around Time

Processed images from photography assignments lasting half a day or less are generally ready for delivery within 3 business days from the shoot date. Full day shoots may take up to 5 business days. A 10% surcharge may apply to urgent requests within 24 hours.

Image Use

On settlement of all outstanding invoices, the client is granted non-transferable and non-exclusive license to the images supplied. It gives you the right to use the photographs on any type of medium, for any sort of utilisation(subject to the terms below), such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.

The following uses are not authorised in compliance with the licence granted to you here. Before any use in one of the following cases, it is mandatory to contact Lynchypx (ABN 67 905 179 165) in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialised, of which they represent the main value, such as, postcards and posters. For any billing activity through a commercial network, reproducing the whole or part of a photograph.

You may NOT
a) Resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as an advertising agency or similar for the purpose of advertising the property in accordance with this agreement.
b) Use a photograph with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
c) Use a photograph in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive - this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
d) Use the photograph in a website template that you plan to sell or transfer to others.
e) Use any photograph as part of a trademark or patent image.
f) Use any photograph as part of a logo.

Copyright
Lynchypx (ABN 67 905 179 165) certifies that it is entitled to all the commercial rights pertaining to the photographs.

All rights pertaining to the photographs are owned by Lynchypx (ABN 67 905 179 165). The granting of this license does not imply a transfer of ownership.

The photographs are protected by the laws on royalty and copyright. You are therefore under the obligation to use the photographs like any other protected product.

Lynchypx (ABN 67 905 179 165) and it's related entities may use the images for the purpose of marketing it's services.

With permission from the client, Lynchypx (ABN 67 905 179 165) may resell image the rights to third parties.

File Storage

Lynchypx Photography will keep retouched JPEGs and RAW files for a period of 6 months only. While Lynchypx Photography may keep a client’s images on file for future retouching/resizing orders, Lynchypx Photography takes no responsibility for loss or damage to these files while in storage. It is therefore recommended that clients duplicate their files and store them across separate locations.

Governing Laws

This Agreement is governed by the laws of New South Wales, Australia. The Courts of the New South Wales shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Not withstanding the foregoing, Lynchypx (ABN 67 905 179 165) shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Lynchypx (ABN 67 905 179 165), such action is necessary or desirable.

Modification

Lynchypx reserves the right to modify or change these terms and conditions at any time.