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.
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.
Exquisite Motivity shall own the copyright in 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 equally skilled and efficient enough to handle the job.
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 Change Policy
We will allow the first two changes at no cost, you will be charged R300 per consultation thereafter.
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 70% deposit of the price of this order will be required to be paid before work will commence on the job quoted for.
OUR STANDARD AGREEMENT
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.
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 (STUDIO)
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 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 well-being 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 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.
Rental area (STUDIO)
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.
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.