Terms & Conditions
1. SATISFACTION POLICY: There are no refunds for headshot or portrait sessions but all headshot work is satisfaction guaranteed. If customers are unhappy with the headshots or portraits in any way, we encourage that they talk to Tracy Wright Corvo Photography about a possible re-shoot or re-working of the retouched file(s). Tracy Wright Corvo Photography is not at fault for Clients being dissatisfied with their photos because they do not like the hair, makeup, or clothing, but in such cases Clients are still encouraged to talk to the Photographer to determine whether a resolution can possibly be reached.
2. RETOUCHING POLICY: All digital images need processing to produce a polished professional look. All headshots/portraits without exception require retouching. Retouching is done after the session, by Tracy Wright Corvo Photography’s retouching team using professional editing software to alter and improve photos resulting in a more desirable final image, thereby enhancing the subject’s overall appearance. Special retouching requests that go beyond the regular headshot retouching, such as composite work, object removal, major alternations to skin, neck or body, major alternations to hair or wrinkles in clothing, detailed somatic alterations to body (slimming), or alternations to colors of clothing or background, are subject to additional fees. Please refer to https://tracywrightcorvo.com/retouching-services/ for the current fee schedule. Tracy Wright Corvo Photography only delivers retouched photos to Clients. Retouched digital photo files are delivered in both high resolution and low resolution in jpg format. No raw files are ever provided unless Client agrees to pay for a full buyout of the images files.
3. RESCHEDULING: If Client cancels or asks to reschedule a scheduled photo sessions seven (7) or more calendar days before the scheduled session date or if Tracy Wright Corvo Photography cancels or reschedules the booked session, the full deposit is refunded or, at the Client’s choice, applied to a mutually agreed upon rescheduled session date. If the Client cancels the booked session less than 7 calendar days before the scheduled session or fails to show at the scheduled session, the deposit amount will be be forfeited and will not be refunded to Client. If Client arrives late to the scheduled session, the amount of time late will be deducted from the time allotted for the session without any monetary refund to Client.
4. USE OF PHOTOGRAPHS: Client agrees to utilize the photographs, including digital files, in a commercially reasonable manner and in such manner that will not harm the professional reputation of Tracy Wright Corvo Photography. Client agrees not to utilize the photographs in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of Tracy Wright Corvo Photography. Client will not contest, or assist or induce others to do so, Tracy Wright Corvo Photography’s rights in and to any photographs. Client’s photographs are for their private or commercial business use only and shall not be submitted to contests or reproduced for commercial use other than for the Client’s business. Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from the Agreement for Photographic Services (“Agreement”) between Client and Tracy Wright Corvo Photography without express permission of Tracy Wright Corvo Photography. Client allows Tracy Wright Corvo Photography to display any images relating to the Agreement between Client and Tracy Wright Corvo Photography to generally promote the business of Tracy Wright Corvo Photography through advertisement, publicity materials, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to Client.
5. INDEMNIFICATION: It is the Client’s duty to obtain all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any photographs taken under the Agreement. Client shall indemnify and hold Tracy Wright Corvo Photography harmless against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
6. FORCE MAJEURE: Neither Tracy Wright Corvo Photography nor Client shall be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside their reasonable control, such as sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc. Such delay or failure shall not constitute a breach of the agreement between Client and Tracy Wright Corvo Photography and the time for performance shall be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than 90 days, nothing in this provision shall be taken to limit or prevent the exercise by either party of its rights of termination of the Agreement.
7. TERMINATION: The Agreement between Tracy Wright Corvo Photography and Client can be terminated if one of the parties materially breaches any portion of the Agreement. Such termination shall take effect immediately after fourteen (14) calendar days after notice of the breach from one party to the other. Both parties shall have the right to notify the other of their intent to take substantial steps to cure any breach. If such notice is delivered, the Agreement shall not terminate, unless such substantial steps do not in fact occur.
8. LIMITATION OF LIABILITY: In the unlikely event of a total photographic failure or cancellation by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the Agreement. Neither party shall be liable for indirect or consequential loss.
9. CONFIDENTIALITY: All terms and conditions of the Agreement between Client and Tracy Wright Corvo Photography, and any duties and performances due under the Agreement, shall remain confidential. Neither Client nor Tracy Wright Corvo Photography shall use any information related to the commercial use of the photographs or business operations of the other party, except in as much is necessary for adequate performance under their Agreement. Further, Tracy Wright Corvo Photography will not disclose, divulge, reveal, report or use for any purpose any data or information relating to Customer – whether business or personal – that was obtained by Tracy Wright Corvo Photography and which would reasonably be considered to be private or proprietary to Customer and that are not generally known and where the release of that confidential information could reasonably be expected to cause harm to Customer except as authorized by Customer or as required by law. The obligations contained in this provision shall expressly survive the termination, expiration or assignment of the Agreement between Customer and Tracy Wright Corvo Photography.
10. OWNERSHIP OF INTELLECTUAL PROPERTY AND COPYRIGHT: All intellectual property and related material such as the photos (the “Intellectual Property”) that is developed or produced under Client’s and Tracy Wright Corvo Photography’s Agreement will be the property of Tracy Wright Corvo Photography. Client is granted a non-exclusive limited use license of this Intellectual Property. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Tracy Wright Corvo Photography. Client does not and shall not have any propriety rights in any products created, designed, manufactured, or produced, using in any manner Client’s appearance, likeness, or form, including without limitation any computer readable media, print, broadcast, or other media, computer programs, audio visual displays, printed material, advertising packaging, and/or artwork created and including any associated rights in and to any copyrights, patents, trademarks and any other intellectual property rights. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by all applicable copyright laws.
11. DISPUTE RESOLUTION: In the event a dispute arises out of or in connection with the Agreement between Client and Tracy Wright Corvo Photography, the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration at Dispute Prevention & Resolution, Inc. in Honolulu, Hawaii, in accordance with the laws the State of Hawaii. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Hawaii.
12. GOVERNING LAW: The Agreement between Client and Tracy Wright Corvo Photography shall be construed in accordance with and governed by the laws of the State of Hawaii, without regard to the jurisdiction in which any action or special proceeding may be instituted.
13. WAIVER: Any waiver by Client or Tracy Wright Corvo Photography of any breach of a term or condition of the Agreement, or failure to perform under the Agreement, shall not be considered as a waiver of any subsequent breach of the same or any condition hereof.
14. SEVERABILITY: If any provision, clause or section of the Agreement between Client and Tracy Wright Corvo Photography is declared void or unenforceable by any judicial or administrative authority, the remaining portions of the Agreement shall remain in full force and effect.