Last updated: Feb 28, 2019
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.exmotivity.co.za website (the “Service”) operated by EXQUISITE MOTIVITY PTY LTD (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Cancellations and Postponements
CANCELLATIONS AND POSTPONEMENTS.
The Client is responsible for payments of all expenses incurred up to the time of the cancellation, plus 50% of the total quoted. If notice of cancellation is given less than two business days before the shoot date, the Client will be charged 100% of the quoted total.
Unless otherwise agreed the Client will be charged 50% of the total fee if the postponement is due to weather conditions
Copyright and Reproductions
COPYRIGHT AND REPRODUCTIONS.
Exquisite Motivity shall own the copyright in a all images created and shall have the exclusive right to make reproductions. Exquisite Motivity shall only make reproductions for the Client or for Exquisite Motivity‘s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of Exquisite Motivity’s studio.
Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties ,or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the client’s order Exquisite
Motivity may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a
Design terms and conditions
The most effective way to assure trust meets both client and designer expectations in an engagement is to codify the relationship with a written agreement. The standard agreement is adaptable to unique circumstances while still drawing from the best proven practices based on mutual respect and clarity. It is a modular approach that recognizes the different needs and requirements of different types of engagements.
Our Standard Agreement
1. Work Hours/Days. This agreement assumes work will be completed within the standard work week (Monday through Friday, 9 a.m. to 6 p.m.). Exquisite Motivity is closed on all major holidays and the entire week of Christmas and New Years.
2. Schedule. The work outlined in this agreement will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Our schedules assume timely review and response by Exquisite Motivity of all deliverables.
3. Client Representative. Company’s representative, has full authority to provide and obtain all necessary information and approvals throughout this project. Exquisite Motivity and client represent that they have full power and authority to enter into this agreement and that it is binding upon Exquisite Motivity and client and enforceable in accordance with its terms.
4. Client Responsibilities. client and/or client’s subcontractors will provide accurate, complete and timely information and materials to Exquisite Motivity. Client guarantees that they have all the necessary rights and ownership in such materials to permit Exquisite Motivity to use them for the project.
5. Client Approvals. Client will approve and proofread all final designs, type, press proofs and test sites. Exquisite Motivity will make all efforts to ensure that no information is misrepresented. However, client assumes all responsibility for content. Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to Client for review, unless Client indicates otherwise in writing.
6. Client Changes. In order to avoid errors, text changes and corrections will not be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked up hard copy, indicating the revised text. Samples and Credit
7. Samples. Exquisite Motivity can use samples or photographs of the work created under this agreement and the name of Client for publications, exhibition, competition and other promotional purposes (such as our website) once the project has been made public.
8. Credit. The following credit will be mentioned on all publicity/promotion of this project and/or our relationship, including, but not limited to, awards, competitions, press releases, etc. (Design: Exquisite Motivity).
9. Delays and Termination. All payments received are not refundable in the event the project or the relationship is terminated for any reason. If any part of the work for this project is delayed for no longer than 30 days, Exquisite Motivity will bill for work completed.
10. Consequences of Non-Payment. Exquisite Motivity reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from invoice date.
BASIC TERMS AND CONDITIONS
11. Length of Storage. Exquisite Motivity agrees to store all final electronic files created for Client for a maximum of two years.
12. Retrieval Fee. Exquisite Motivity will charge R 200.00 to retrieve/transfer any elements of our electronic files from archive at the request of Client, providing related usage rights have been negotiated.
13. File Requirements. If Client’s has specific requirements for how project files must be prepared, Client must communicate this, in writing, to Exquisite Motivity before the project begins.
Our Change Policy
We will allow the first two changes at no cost, you will be charged R300 per consultation thereafter.
Branding / Print production terms and conditions
All quotations are valid for 30 days from date issued except for material price increases and is subject to the availability of stock, sight of final artwork and standard terms and conditions of PIFSA. All work supplied must be in a recognized graphic format. All fonts must be included and images must be CMYK. Any artwork changes to correct problems or additional proofs will be charged for. Terms are strictly COD unless a credit application has been approved by our accounts department. Corrections required due to your Errors & Omissions will be subject to an additional charge at Exquisite Motivity’s sole discretion (E & OE) Unless agreed otherwise at the time of placing your order, or that you have already entered into a credit account agreement with Exquisite Motivity, a 50% deposit of the price of this order will be required to be paid before work will commence on the job quoted for.
Photography terms and conditions
OUR STANDARD AGREEMENT
- This AGREEMENT is entered into by the parties as set out in the Wedding Booking Form, WHEREAS, the Photographer is a professional photographer of good standing and agrees to create the Images in accordance with the specifications described more fully herein; WHEREAS, Clients wish the Photographer to create wedding Images (“the Images”) described more fully herein on the date of the event (set out in the booking form); and WHEREAS, the Photographer wishes to create such Images pursuant to this Agreement.
- Client acknowledges that photography on event day is at the sole artistic discretion of the Photographer. Client acknowledges that the photographer has a specific style and adheres to the said style. No shots throughout the day are guaranteed (such as, but not limited to, formals, first kiss, bouquet toss, etc.).
- Digital negatives and processed digital photos to be delivered within two months.
- The Photographer hereby grants to the Client the following exclusive rights to use the Images for private home use only, including non-commercial web sites, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. This grant of rights includes electronic rights, defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers. If any of the Photographer’s images are published (on the web or any other media), proper photo credit such as “© Photo by Exquisite Motivity Photography” is required. If Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorizes Client to reproduce the print in the above manner. In the event that digital negatives are provided, the photographer still retains copyrights on the photographs. Client assumes all liability for any form of copyright infringement.
- Client agrees to reimburse the Photographer for all reasonable extra travel expenses not allowed for in the original quote at a rate of R2,20 – R4,90 per km, as well as all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available. The clients are requested to provide the photographer and his assistant(s) with a meal for events of 5 hours or longer, as well as accommodation if the event is more than 200km from the Photographer’s home base.
- Client agrees to pay the Photographer a reservation fee of 50% of the contract fee upon the signing of this Agreement. Upon signature, the Photographer reserves the time and date agreed upon. For this reason, all reservation fees are non-refundable, even if the wedding date is changed or canceled for any reason. There shall be NO refund of any payment made, unless in the event of the Agreement being terminated by the client(s) 90 days before the event. Client is aware that the photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore no cancellation and no refund is permitted after this date. In the event of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing.
- Final payment is due 7 days prior to the event. Images will not be delivered until payment is received in full.
- Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
- The Photographer and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of god, equipment or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client under this Agreement.
- All disputes arising under this Agreement shall be submitted to binding arbitration in Pretoria, by in Arbitrator, agreed upon by both parties. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
- Subject to paragraph 6 (Payment), the Client may terminate this Agreement at any time prior to the Photographer’s commencement of work and may terminate thereafter if the Photographer fails to adhere to the specifications or schedule for the Images. This Agreement shall also terminate in the event of the Photographer’s bankrupt- cy or insolvency. The rights and obligations of the parties pursuant to Paragraphs 4, 9, 10, 11, 12, and 13 shall survive termination of this Agreement. Terms and conditions : RATE CARD FOR PHOTOGRAPHY SERVICES
- This Agreement constitutes the entire understanding between the parties. By completing the booking form and paying the reservation fee the Clients acknowledge that they have read, fully understand and agree to these terms and conditions. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of South Africa.
- It is the sole responsibility of the Client to secure permission of the church, synagogue or other venue of the wedding for the Photographer to photograph the ceremony/event. The Photographer will abide by the rules of the church/synagogue in regards to camera placement at the ceremony. Many cities and private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee. In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Photographer that such fee is required, client is responsible for any and all related costs or fines if applicable.
- The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photog- rapher, especially during live or unstaged events such as weddings/ coroprate events. It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
- Two requests for changes to the final Images will be allowed there after changes are subject to an editing surcharge of R390.00 per hour.
- The signing of this agreement by the Clients constitutes a commercial model release by the Clients to the Photographer. The Photographer will have the right to make reproductions include but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release, this includes using images as illustration or in training material and workshops. Client waives the right of tort of invasion of privacy due to any reproductions.
- The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
- The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding and other contracted events.
- The client will provide the photographer with the programme of the day. For example, starting of ceremony, first dance, cake cutting, toss of bouquet…etc. In addition, designated person shall be responsible in organizing and tracking all posed photos that are required.
A non-refundable reservation of 50% of the session fee secures the date, time and services of Exquisite Motivity, sessions that are postponed to a later date will retain the fee as long as the photographer can reschedule for the new date and time.The final Invoice will be sent after the photo shoot when final costs will be determined (Location/Event Shoots) – Balance will be due before the photographs are released – Photographs remain the property of Exquisite Motivity until paid in full – On signing quotation the customer accepts full liability & responsibility of all money’s due in terms of this quotation – NB: Please that no children are allowed in the studio while we are busy with photo shoots.
Studio rental terms and conditions
STUDIO RENTAL AGREEMENT
By engaging to rent Photowise Studio (herein after referred to as the “Studio”) you, the undersigned (herein referred to as the “Client”), hereby state that you have read, fully understand and agree to be bound by the following terms and conditions. “Client” is defined as the person responsible for paying for the studio rental.
Client will provide 50% of rental fee as reservation fee for all reservations of studio space. Client’s date will not be held until this payment is received and cleared. Payment is not refunded unless notice of cancellation is made at least 72 hours before Client’s reservation date (Client will receive a full refund if cancellations occurs prior to 72 hours before the reserved date). In the event of the Client cancelling less than 72 hours prior to the reserved date, Client will forfeit the reservation fee. If the Studio must cancel Client’s reservation, Client will receive a full refund. Payment of the balance of the Client’s rental must be received before Client’s reserved time begins. Studio reserves the right to refuse reservations at its sole discretion.
Length of Use:
Hourly rental periods are 60 minutes. Half-day rental periods are 4 hours. Full day rental periods are 5-8 hours.
Client is afforded set-up time of 15 min prior to the commencement of the rental period and 15min for clean-up after the rental period. If the studio is not satisfactorily returned to the state it was prior to the rental period, a clean-up fee will be assessed as per the current Photowise Studio Rate sheet.
Overtime will be calculated in increments of 15 minutes beyond the contracted end-time of the rental period when Client is either still using or cleaning up the studio space.
Overtime fees will be assessed as per the Photowise Studio Rate sheet. Do not arrive late – Client’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time.
Use of our studio and our equipment is AT CLIENT’S OWN RISK. Client hereby waives rights to seek legal redress for mishaps, accidents, theft and/or loss while on our premises. Client agrees to leave the studio and adjacent grounds in the same condition, as they were when Client arrived.
Clients are solely responsible for any legal infractions Client or members of Client’s party make during the conduct of the shoot, be they in our studio or elsewhere. This includes all other violation or citations, and legal action resulting from the conduct of the shoot, taken at whatever time. Client agrees to hold harmless Photowise Studio, its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Client’s self or anyone who accompanies Client while on our premises.
Client agrees to be solely responsible for the conduct and welfare of all persons accompanying Client while on our premises. Clients are solely responsible for the safety and wellbeing of any models Client engages. Client understands that if the Studio observes dangerous, under aged nudity or explicit pornographic, or negligent practices or activities are being engaged in the Studio reserves the right to stop the shoot and require Client and Client’s party to leave immediately — HOWEVER, Studio assumes NO RESPONSIBILITY to act in such cases.
Client agrees to hold Photowise Studio, its agents, representatives, and anyone acting on behalf of Studio completely harmless from any action, legal or otherwise, that results from Client’s conduct. Clients are solely responsible for verifying that all models employed during Client’s rental period are of legal age for the activities they are to be engaged in.
Studio has no responsibility to determine or verify the age of participants in the Client’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. Client agrees that a Studio representative will be present in the studio at all times Clients are using it.
Any damages or losses incurred by the Studio (by any means whatsoever) during the rental period or by the client, crew or service providers of the client will be the responsibility of the client at new replacement value (or nearest estimate). Damages must be settled in full within 7 days from incident date.
The rental area includes the studio curves as well as common areas such as the make-up area, change room and bathroom. Additional areas are available per arrangement and costs may apply. The upstairs mezzanine area is not part of the rental area and is off-limits.
Studio agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Client’s purposes. Studio is not liable for acts out of its control that affect the shoot, such as power outages, weather or emergencies. In such cases, Studio will refund a prorated portion of Client’s payment. The infinity curve and walls of the studio are intended as a backdrop and may not be used for any other purposes. No persons are to step on or mount anything to the walls or curve of the studio.
This Agreement incorporates the entire understanding and agreement between the Client and the Studio. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The parties have read both this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
Video terms and conditions
We require 50% payment paid via EFT or direct deposit on confirmation of our engagement in order to secure our booking. The 50% balance is payable in full by 48 hours prior the actual event.
- Any queries should be brought to our attention before the quotation is signed.
- Additions to the original brief will be considered extra and be charged accordingly.
- Work will commence once Exquisite Motivity has received a signed acceptance of the quotation an official order, where applicable, and payment terms have been adhered to
- Should there be adverse weather conditions which would result in damage to equipment, the equipment cannot be operated, if the client insists on the equipment being operated, then the client will be liable for any equipment damaged.
- The client shall, at its own expense insure the equipment against the risk of loss or damage or any other cause whatsoever.
- All payment is due on presentation of the invoice and interest of 2>5% will be charged on overdue accounts. Should Exquisite Motivity institute action against the client pursuant to this agreement? Exquisite Motivity shall be entitled to recover from the client all legal costs incurred by it including attorney and own client charges. The parties choose domicilium citandi et executandi for the purposes of giving any notice, service of any process and for any purpose arising from the agreement at the delivery address set out on the invoice.
- There are no hidden costs in this quotation. If it is no list ted here, it has not been quoted for.
- Quotations are only valid for 14 days after the issue date
- Deposits are not refundable.
- Exquisite Motivity shall not be held liable for Loss of property at shoots. (Discounts do not apply if payment terms are not met.)