Real Estate Photography Terms & Conditions
All customers, clients and end users are subject to the terms and conditions of Lynchypx legal and copyright agreement.
(Terms & Conditions Updated & Published On 22/06/2018 at 2:55pm)
Image license agreement between Lynchypx (ABN 67 905 179 165) and the contracting client including clients of contracting client.
Section 1- Image Use
1.1 This license is individual, non-transferable and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilisation, 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 licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent or property owner) or unless you should fail to respect
one of its clauses. 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.
1.2 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, reports, postcards and posters. For any billing activity through a commercial network, reproducing the whole or part of a photograph.
1.3 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.
g) Produce printed reproductions of any photograph on canvas or paper to be sold.
1.4 Lynchypx (ABN 67 905 179 165) certifies that it is entitled to all the commercial rights pertaining to the photographs.
1.5 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.
Any representation or reproduction, complete or partial, carried out without the consent of Lynchypx may be considered a breach of contract.
1.6 All images provide by Lynchypx (ABN 67 905 179 165) to the listing agent or property owner are 100% owned by Lynchypx (ABN 67 905 179 165) unless otherwise stated.
All images provided by Lynchypx (ABN 67 905 179 165) may have been captured using Lynchypx (ABN 67 905 179 165) staff, contractors or third parties.
In the event that Lynchypx (ABN 67 905 179 165) uses a third parties’ supplier will ensure that we have the contractual right to license the images.
1.7 Lynchypx (ABN 67 905 179 165) may resell image the rights to third parties, other real estate agents or advertising agencies.
The resale of image rights may only completed once the current advertising campaign has ceased.
Section 2- Disclosure to vendors, tenants, investor or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured
or produced remain the property of Lynchypx and may only be used for the life of the listing. This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided
will include a watermark or security tag.
2.3 All photography bookings are a direct contract between Lynchypx (ABN 67 905 179 165) and the company or person booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Property
Snaps (ABN 67 905 179 165) and the listing agent and have no rights over any images unless specifically requested.
Section 3- Termination
3.1 The license contained in this Agreement may terminate automatically without notice from Lynchypx (ABN 67 905 179 165) if You fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
(i) stop using the Digital Photos; and
(ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of
Lynchypx (ABN 67 905 179 165).
Section 4- Governing Laws
4.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of the Australia 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.
Section 5 – Fees
All images are services are initially licensed at a subsided single usage rate as set out in Lynchypx current pricing.
Some images can be resold at Lynchypx discretion.
Image re-license fee per image – Price range $200 – $550.00 inc gst, depending on image and subject to approval, full images sets can only be re-licensed as a full set with approval and the price is decided by Lynchypx .
Image infringement, copyright and ownership transfer Price range based on image, circulation and usage $500 – $5,000 per image
Section 6 – Unauthorised Image Usage
Lynchypx hold the master copyright to all images, floor plans, renders and graphics produced by Lynchypx, Lynchypx Staff and Lynchypx Contractors. All images are provided to clients under license only.
Any one individual, company, corporation or entity using Lynchypx images without proper written authorisation may be liable to costs associated with copyright, damages, loss of business, defamation of brand. In addition images found being used in an unauthorised capacity will be subject to full copyright fees as set out in Section 6 of Lynchypx terms and conditions.
Any unauthorised usage maybe perused via legal representation of whom Lynchypx appoint as their legal representative and in accordance with the Australian Copyright Act of 2006 and including any other related state and federal laws.
Section 7 – Booking and Cancellation Fees
7.1 – Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one off projects 2 days notice for cancellation is required. Cancellations must be made in writing via email to [email protected]
Cancellations will in incur the following fees:
Real Estate Shoots
50% of job value if cancelled less than 24 hours prior
80% of job value if we arrive on site and the home cannot be photographed within 15 minutes of arrival.
50% of job value if cancelled 24 hours prior
50% of job value if cancelled 7 days prior for overnight and travel based bookings
100% of job value of job if full day job and project cannot proceed on day