All quotations are valid for 14 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 Exquisite Motivity. 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.

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.

We will allow the first two changes at no cost; you will be charged R 550 per consultation thereafter.

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.

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 45 days, Exquisite Motivity will incur fee to resume work at the discretion of Exquisite Motivity. Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended.

1. Length of Storage. Exquisite Motivity agrees to store all final electronic files created for Client for a maximum of two years.
2. Retrieval Fee. Exquisite Motivity will charge R 1 250.00 to retrieve/transfer any elements of our electronic files from archive at the request of Client, providing related usage rights have been negotiated.
3. 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.

In situations where the client is unable to provide a deposit upfront, the following terms will apply:

1. Written Agreement: Both parties must agree in writing that the project will proceed without a deposit. This agreement must outline the specific terms and conditions under which the work will be completed, and payment will be made.
2. Payment Schedule: A clear payment schedule must be established. This schedule should include milestone payments or a timeline for when payments are expected to be made.
3. Work Suspension: Exquisite Motivity reserves the right to suspend work if payments are not made according to the agreed-upon schedule. Work will resume once the outstanding balance is paid.
4. Final Payment: The final payment must be received before the delivery of the completed project. No final files or deliverables will be released until full payment is received.
5. Late Payment Terms: Standard late payment terms will apply, including interest on overdue payments and potential collection fees as outlined in the “Late Payment Terms” section.
6. Non-Payment Consequences: Continued failure to make payments may result in the termination of the agreement, and Exquisite Motivity may retain all work completed as collateral until full payment is received.

By agreeing to operate without a deposit, the client acknowledges these terms and commits to adhering to the established payment schedule to ensure the successful completion of the project.

1. Definition: A project management fee is an additional charge applied for the administrative and managerial oversight of the project to ensure it stays on track, on budget, and meets the client’s expectations.
2. Rate: The project management fee will be calculated as 10% of the total project cost, unless otherwise specified in the contract.
3. Scope: This fee covers tasks such as scheduling, communication, resource allocation, risk management, and other administrative duties necessary to manage the project effectively.
4. Payment: The project management fee must be paid in accordance with the payment schedule outlined in the main agreement. Failure to pay this fee may result in delays or suspension of project activities.
5. Adjustments: If the scope of the project changes significantly, the project management fee may be adjusted accordingly. Any adjustments will be discussed and agreed upon in writing by both parties.

OUR STANDARD AGREEMENT

1. 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.
2. 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, formal, first kiss, bouquet toss, etc.).
3. Digital negatives and processed digital photos to be delivered within two months.
4. 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.
5. Client agrees to reimburse the Photographer for all reasonable extra travel expenses not allowed for in the original quote at a rate of R4.40 – R7.80 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.
6. 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 cancelled 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.
7. Final payment is due 7 days prior to the event. Images will not be delivered until payment is received in full.
8. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
9. 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.
10. All disputes arising under this Agreement shall be submitted to binding arbitration in Pretoria, by in Arbitrator, agreed upon by both parties. Judgement upon the arbitration award may be entered in any court having jurisdiction thereof.
11. 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
12. 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.
13. 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 regard 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.
14. 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 Photographer, especially during live or on-stage events such as weddings/ corporate 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 colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration 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.
15. Two requests for changes to the final Images will be allowed there after changes are subject to an editing surcharge of R750.00 per hour.
16. 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.
17. 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.
18. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding and other contracted events.
19. 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.

1. Interest on Overdue Payments: All invoices are due upon receipt. Any invoice not paid within 30 days from the invoice date will incur interest at a rate of 2.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower.
2. Suspension of Services: Exquisite Motivity reserves the right to suspend all services if payment is not received within 30 days of the invoice date. Services will resume once the outstanding balance, including any accrued interest, is paid in full.
3. Collection Fees: In the event that Exquisite Motivity must engage a collection agency or take legal action to collect overdue payments, the Client agrees to reimburse all costs associated with such actions, including but not limited to collection fees, attorney fees, and court costs.
4. Payment Plan: If the Client anticipates difficulty in making timely payments, they must contact Exquisite Motivity immediately to discuss the possibility of a payment plan. Any payment plan must be agreed upon in writing by both parties.
5. Non-Payment Consequences: Continued failure (i.e. 30 business days) to settle outstanding invoices may result in the termination of the agreement, and Exquisite Motivity may retain all work completed as collateral until full payment is received.
6. 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 listed 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.)

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/videographer can reschedule for the new date and time. The final Invoice will be sent after the photo/video shoot when final costs will be determined (Location/Event Shoots) – Balance will be due before the photographs/videos are released – Photographs/Videos 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.

1. Definition of Rush Fee: A rush fee is an additional charge applied when a project requires expedited services that deviate from the standard turnaround time agreed upon in the original contract.
2. Application of Rush Fee: The rush fee will be applied to any project that requires completion in a timeframe shorter than the standard work week (Monday through Friday, 9 a.m. to 5 p.m.). This includes, but is not limited to, requests for weekend or after-hours work.
3. Rate of Rush Fee: The rush fee will be calculated as an additional 25% of the total project cost, unless otherwise agreed upon in writing.
4. Notification: Clients must be informed of the rush fee at the time of the request for expedited services. Written confirmation from the client is required to proceed with the rush project.
5. Payment: The rush fee must be paid in full upfront before any expedited work begins. This fee is non-refundable.
6. Scope of Work: Any changes or additional requests during the expedited period may incur further rush fees, depending on the nature and scope of the changes.
7. Limitations: Exquisite Motivity reserves the right to decline rush projects if the expedited timeframe is not feasible or if it compromises the quality of the work.

Unless otherwise agreed the Client will be charged 50% of the total fee if the postponement is due to weather conditions.

1. Service Agreement: By engaging Exquisite Motivity for video services, the client agrees to the terms and conditions outlined in this document.
2. Project Scope: All video projects will be defined by a written agreement detailing the services to be provided, including pre-production, production, and post-production stages.
3. Approval Process: The client will have the opportunity to review and approve the video at various stages of production. Any changes requested after final approval may incur additional charges.
4. Usage Rights: Exquisite Motivity retains the copyright to all video content produced unless otherwise agreed upon in writing. The client is granted a license to use the video for the purposes specified in the agreement.
5. Delivery: Final video files will be delivered in the format specified in the agreement. Any additional formats or copies may incur extra fees.
6. Confidentiality: Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the project.
7. Liability: Exquisite Motivity will not be held liable for any delays or issues arising from circumstances beyond their control, including but not limited to technical failures, adverse weather conditions, or client delays.
8. Cancellation Policy: Cancellations must be made in writing. Any work completed up to the point of cancellation will be billed accordingly. The initial deposit is non-refundable.