IMPORTANT MEMBERSHIP NOTES & EVER LEGACY TERMS & CONDITIONS.

Ever Legacy is designed as a long-term evolving portrait experience intended to preserve meaningful memories through portraiture, heirloom artwork, and private legacy archives. The following policies help ensure the continuity, integrity, and sustainability of the program for all participating families.

# 1. Membership & Continuity

• Ever Legacy membership benefits remain active only while the annual membership is maintained and in good standing.

• Membership renewals occur annually based on the original enrollment date (“membership year”).

• Ever Legacy memberships are non-transferable and apply only to the immediate household listed under the active membership account.

• Membership benefits, pricing, uploads, included services, and archive privileges apply solely to the active registered membership family and may not be shared, transferred, or extended to unrelated households or third parties.

• Adult children, extended family members, or second-generation households require separate memberships once operating independently outside the original household.

• Ever Legacy enrollment and membership fees are separate from promotional gift certificate values and cannot be paid using gift certificate credit, promotional studio vouchers, or promotional credits of any kind.

• Memberships must be initiated using an approved payment method, including credit card, debit card, or Interac-supported payment methods.

• If membership lapses, archive access and membership benefits may become restricted following a grace period of sixty (60) days.

• Following the grace period, hosted materials, archives, and uploaded content may be archived, restricted, removed, or permanently deleted at Motif Fine Portraits’ reasonable discretion.

• Reactivation of inactive memberships may require repayment of missed membership fees and/or a new Ever Legacy Set-Up fee.

• Membership pricing, features, collector benefits, included offerings, archive capabilities, storage allowances, and technology integrations may evolve or change over time as the program develops.

# 2. Sessions & Scheduling

• Included Annual Legacy Portrait Sessions waive the standard creative/session fee only. Artwork, digital collections, heirloom products, and upgrades are purchased separately.

• Membership includes one (1) annual portrait session per membership year.

• Unused annual sessions do not roll over, carry cash value, or transfer into future membership years.

• All sessions require Motif Fine Portraits’ standard booking deposit in order to reserve a session date.

• Booking deposits may be returned to the client following the completed session, provided all booking policies, arrival requirements, punctuality expectations, and session participation terms are fulfilled. Alternatively, the booking deposit may be applied toward artwork, digital collections, or portrait purchases.

• Clients are responsible for arriving on time and ensuring all participating members intended for the session are present and prepared at the scheduled appointment time.

• Session dates are subject to studio availability and scheduling policies.

• Rescheduling requests require reasonable notice. Repeated cancellations, excessive rescheduling, or no-show appointments may result in forfeiture of the included annual session benefit for that membership year.

• Motif Fine Portraits reserves the right to define excessive rescheduling at its reasonable discretion in order to protect scheduling availability and operational continuity.

• Motif Fine Portraits reserves the right to reschedule sessions in cases of illness, emergencies, unsafe conditions, equipment failure, or circumstances beyond reasonable control.

# 3. Archives & Uploads

• Ever Legacy includes ongoing hosting of purchased portrait collections and approved legacy archive materials within the private Ever Legacy gallery system.

• Annual uploads are limited to:

  • One (1) private video upload per year (approximately 10–60 seconds) per membership/family

  • One (1) written letter or personal note upload annually per participating family member

• Accepted upload file formats may include JPEG, JPG, PNG, HEIF, GIF, MOV, MP4, PDF, and other approved formats as supported by the Ever Legacy platform.

• Accepted file types, upload limitations, storage structures, archive capacities, and technical specifications may evolve or change over time as technology and platform capabilities develop.

• Motif Fine Portraits reserves the right to establish or modify reasonable storage limitations, upload capacities, archive structures, and hosting allowances as the Ever Legacy platform evolves over time.

• Uploaded content must comply with all applicable laws and may not contain unlawful, defamatory, hateful, abusive, explicit, infringing, or inappropriate material.

• Motif Fine Portraits reserves the right to refuse, remove, restrict, or moderate uploaded content at its discretion if deemed inappropriate or inconsistent with studio standards.

• Ever Legacy is designed for meaningful personal archival use. Excessive or abnormal storage usage inconsistent with intended family archive purposes may be restricted at Motif’s reasonable discretion.

• Additional legacy video uploads beyond the included annual allowance may be available for additional fees based on current studio pricing and availability.

• Clients are encouraged to maintain personal backups of all purchased digital files and uploaded materials.

• While reasonable efforts are made to preserve hosted materials, Ever Legacy is not intended to function as a sole permanent backup solution for irreplaceable personal files.

# 4. Artwork & Collector Benefits

• Ever Legacy is designed to accompany physical portrait artwork collections created through Motif Fine Portraits.

• Certain membership benefits, collector pricing, digital bonuses, and expanded privileges apply only to clients maintaining qualifying physical artwork collections.

• Physical Art Collector benefits apply to clients maintaining three (3) or more qualifying artwork pieces.

• Collector benefits remain active only while the client maintains the minimum qualifying physical artwork collection requirements.

• Collector benefits, pricing incentives, bonus digitals, and collection privileges may be modified, suspended, or removed if collector qualification requirements are no longer maintained.

• Matching Artwork Digitals and Bonus Legacy Digitals apply only to qualifying physical artwork purchases.

• Ever Legacy files, linked memory systems, and digital integrations are intended to remain attached to qualifying physical portrait artwork pieces and heirloom products.

• Replacement Legacy Nameplates, QR integrations, or linked archive hardware may be subject to replacement and service fees.

• Clients assume responsibility and risk associated with self-installation, third-party installation, modification, relocation, or misuse of artwork, mounting systems, QR integrations, or related hardware not installed through Motif-approved methods.

• Motif Fine Portraits is not responsible for damages resulting from improper installation, environmental exposure, tampering, accidents, misuse, theft, or third-party modifications following delivery.

• Availability of artwork reproductions, replacement products, legacy integrations, or discontinued product styles cannot be guaranteed indefinitely and may vary over time depending on product availability and supplier changes.

# 5. Family Access, Legacy Continuity & Referrals

• The original membership account holder shall remain the primary authorized decision-maker regarding archive access, uploads, and membership management unless otherwise required by law or authorized in writing.

• Motif Fine Portraits shall not be responsible for mediating family disputes, ownership disagreements, divorce matters, estate conflicts, or archive access disputes between family members or third parties.

• Members may designate a “Legacy Successor” authorized to assume administrative access to the Ever Legacy archive and membership in the event of death, incapacity, or approved account transition circumstances.

• If no Legacy Successor is designated, Motif Fine Portraits may require estate documentation, legal authorization, or other reasonable verification before granting archive access, transfer rights, or membership administration changes.

• Motif Fine Portraits reserves the right to refuse or delay archive transfers where ownership, estate authority, or authorization cannot be reasonably verified.

• Designated Legacy Successors may be offered the opportunity to assume continuation of the Ever Legacy membership, archive administration, and associated services under Motif Fine Portraits’ current membership structure and pricing.

• If the designated Legacy Successor does not assume or arrange continuation of the membership within six (6) months of notification or account transition eligibility, Motif Fine Portraits reserves the right to archive, deactivate, restrict, or permanently close the account and related hosting services at its reasonable discretion.

• As children mature and establish independent households, separate Ever Legacy memberships may be required to begin their own continuing legacy collections and archives.

• Existing members who refer a new participating Ever Legacy family may receive bonus legacy image incentives or referral rewards as offered through Motif Fine Portraits’ current referral program at the time of referral.

• Current referral rewards may include two (2) bonus legacy images for both the referring family and the newly enrolled family during the applicable membership year, subject to program eligibility and promotional availability.

• Referral rewards, bonus image incentives, and promotional offerings may evolve or change over time at Motif Fine Portraits’ discretion.

# 6. Liability & Technology

• Motif Fine Portraits takes reasonable care in maintaining Ever Legacy hosting systems, archives, and digital integrations; however, uninterrupted or perpetual access cannot be guaranteed.

• Clients acknowledge that digital systems, cloud storage providers, internet services, cyber threats, software platforms, and third-party technologies carry inherent risks outside of Motif’s reasonable control.

• Motif Fine Portraits shall not be held responsible for outages, corruption, cyber attacks, hacking incidents, data loss, service interruptions, force majeure events, or failures involving third-party providers or technologies.

• Ever Legacy systems, hosting platforms, archive methods, delivery systems, and technology integrations may evolve, change, migrate, or be updated over time as technology advances.

• In the event Ever Legacy services are discontinued, sold, transferred, or otherwise modified, Motif Fine Portraits will make reasonable efforts to provide archive recovery or transfer options where possible, but cannot guarantee permanent hosting or indefinite future access.

• Participation in Ever Legacy constitutes acceptance of these terms and any reasonable future operational updates required for the continuation, evolution, and sustainability of the program.

# 7. Membership Cancellation

• Ever Legacy memberships may be cancelled by providing a minimum of sixty (60) days written notice prior to the upcoming renewal date.

• Due to archive hosting, infrastructure allocation, membership administration, and reserved system resources being arranged in advance for each membership year, processed membership fees are non-refundable.

• If cancellation occurs following a renewal payment, membership benefits and hosting access will remain active through the current paid membership period, after which the membership will terminate.

• Archive access, hosting services, collector benefits, and membership privileges may be removed or restricted following membership cancellation or expiration.

• Former members wishing to restore inactive memberships or archived galleries may be subject to reactivation fees, updated pricing structures, and/or a new Ever Legacy Set-Up fee.

• Motif Fine Portraits reserves the right to cancel, suspend, or refuse membership participation in cases involving policy violations, abusive conduct, repeated scheduling issues, non-payment, misuse of the Ever Legacy system, or behavior deemed harmful to studio operations, staff, or clients.