Copy of TERMS AND CONDITIONS

Terms & Conditions

This Designer’s Submission, Sponsorship Agreement, and Participant Agreement (the “Agreement”) governs the terms and conditions between you—whether as a Designer, Sponsor, or Participant (collectively referred to as “you”)—and OC Fashion Week®, LLC, a California limited liability company (“OCFW,” “BEHIND THE SEAMS,” “BRAND THE BAND,” “Fashion Travel Week®,” and/or “Producer”), regarding your participation through ocfashionweek.com and its associated mobile applications (collectively referred to as the “Platform”).

By selecting “I Agree to OC Fashion Week®’s Terms of Service,” initiating any transaction, using any portion of the Platform, or accepting any event tickets, you expressly agree to be legally bound by this Agreement and all its terms without exception.

Binding Nature of Electronic Signatures and Agreements

By engaging in any action that requires your acknowledgment or consent (including, but not limited to, clicking an “I Agree” button or checkbox), you are providing an electronic signature that is legally enforceable under the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), which are recognized at the federal and state levels, respectively. These laws unequivocally establish that electronic agreements and signatures are legally equivalent to traditional wet ink signatures.

You acknowledge and agree that clickwrap agreements, where you affirm your consent by clicking a button or checking a box, fulfill the legal requirement for demonstrating your intent to be bound by this Agreement. Your electronic signature is as binding as a physical signature, and you expressly waive any right to contest or dispute this fact.

 

Irrevocability of Consent and Agreement

By using the Platform and engaging in any related services, events, or transactions, you irrevocably agree to the terms of this Agreement. You further waive any and all rights to challenge the enforceability or validity of this Agreement based on the method of signature, the digital form, or any related technicalities. You expressly consent to be bound by this Agreement and forfeit any right to contest its terms in any legal forum.

 

Acknowledgment of Comprehensive Legal Obligation

You explicitly recognize that this Agreement is comprehensive and constitutes a full and complete legal obligation. No verbal or written communication, outside of this Agreement and its terms, shall alter or modify the enforceability of this Agreement in any way. Any attempt to dispute or modify these terms will be deemed null and void.

 

Dispute Resolution & Arbitration Clause

All disputes arising from or related to this Agreement shall be resolved exclusively through binding individual arbitration. You agree that by entering into this Agreement, you are waiving any right to trial by jury or to participate in class action lawsuits, group arbitrations, or any other representative proceedings. Exceptions to this clause are strictly limited to matters that may be adjudicated in small-claims court. You agree to waive any objection to arbitration, including jurisdictional or procedural objections.

 

Non-Refundable and Non-Retractable Agreement

Once you have agreed to the terms of this Agreement and completed any associated transaction, your participation is final, non-retractable, and non-refundable under any circumstances, except as expressly stated within the terms of this Agreement. OC Fashion Week® reserves the right to enforce all applicable fines, penalties, and charges as stipulated in the Agreement. By signing electronically, you acknowledge and accept these financial obligations in full.

 

Consent to Jurisdiction

This Agreement shall be governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located within the State of California for any legal proceedings arising out of this Agreement, and you irrevocably waive any right to contest jurisdiction or venue.

 

Acknowledgment of Terms

By completing any registration or transaction, or by using any service associated with OC Fashion Week®, you acknowledge that you have read, understood, and agreed to be legally bound by this Agreement and all its terms and conditions. This Agreement supersedes any prior agreements or understandings and represents the entirety of the contractual relationship between you and OC Fashion Week®.

This Agreement constitutes a legally binding agreement between each individual who enrolls in ANY of the Programs (“Member”) or otherwise uses any one of the Company Properties. IF you use any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.

 

1. Acceptance of Terms

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING CONTRACT. BY USING THIS WEBSITE OR ANY SERVICES OFFERED HEREIN, YOU UNCONDITIONALLY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

Your access to and use of this website and any related services provided by OC Fashion Week®, its affiliates, subdomains, or associated platforms (collectively referred to as the “Platform”), constitutes your agreement to abide by each of the terms and conditions listed below. If you do not agree to all terms and conditions, you must immediately cease using the Platform and all related services. Do not use the Platform, services, or attend any events associated with OC Fashion Week® if you do not agree to these terms.

These Terms and Conditions should be read in conjunction with the Privacy Policy, which is incorporated herein by reference and forms part of this Agreement.

 

1.1 Scope of Agreement

These Terms of Use apply to OC Fashion Week® and its related platforms, including but not limited to www.ocfashionweek.com, www.ocfwx.com, www.orangecountyfashionweek.com, and any subdomains, microsites, or collaborative websites operated by OC Fashion Week® (collectively referred to as the “Site”). By using the Site, you agree to be bound by these Terms of Use, which govern your rights and responsibilities as a user of the Platform.

By clicking “I Agree to OC Fashion Week’s Terms of Service,” initiating any transaction, or utilizing any part of the Platform, including events, services, or ticket purchases, you affirmatively accept this Agreement as a legally binding contract. The Agreement shall remain in full force and effect unless terminated under the provisions outlined below.

 

1.2 Right to Modify Terms

OC Fashion Week® reserves the right, in its sole discretion, to amend, update, or change these Terms of Use at any time without prior notice. Any modifications shall become effective immediately upon being posted on the Site, and your continued use of the Site following such changes constitutes your acceptance of the modified terms. We recommend reviewing these Terms regularly to ensure compliance with the latest version. If you do not agree with any updates or modifications to these Terms, you must stop using the Site and its services immediately.

 

1.3 Termination of Agreement

The Agreement between you and OC Fashion Week® will be automatically terminated without notice if you breach any provision of these Terms of Use. OC Fashion Week® also reserves the right, at its discretion, to terminate your access to the Site and related services at any time, for any reason, without notice. Termination does not limit OC Fashion Week®’s right to pursue any remedies available at law or in equity related to your breach of the Agreement.

 

1.4 Binding Arbitration and Class Action Waiver

By using the Site, you agree that all disputes or claims arising from or related to this Agreement, including but not limited to your use of the Site and services, shall be resolved exclusively through binding individual arbitration. You waive any right to pursue claims in a court of law, including the right to a jury trial, except for claims that may be resolved in small claims court. 

Additionally, you waive your right to participate in any class action or representative proceeding, including class-wide arbitration. Unless you opt-out of arbitration within 30 days of your first use of the Site, you agree that any dispute resolution shall be conducted on an individual basis only.

 

2. Intellectual Property Rights

All materials, content, and intellectual property available on the Site (collectively referred to as the “Materials”), including but not limited to text, video, designs, logos, illustrations, data, and multimedia content, are protected by copyright, trademark, and other proprietary rights. You are permitted to download and print information from the Site solely for personal, non-commercial use. Any other use of the Materials, including for commercial or distribution purposes, is strictly prohibited without the express written consent of OC Fashion Week® or its licensors.

Unauthorized use of the Materials may violate intellectual property laws and will result in legal action. OC Fashion Week® welcomes intellectual property rights owners who believe their rights are improperly attributed on the Site to contact us for correction.

 

3. Disclaimers

The content on the Site may not be suitable for individuals under the age of 18. OC Fashion Week® is not responsible for any harm or offense caused to individuals under the age of 18 who access such material. The Site may also contain content that some users may find offensive. OC Fashion Week® does not intend to offend and encourages users to refrain from accessing any material they find objectionable.

The Site is provided “as is” and OC Fashion Week® makes no representations or warranties regarding the accuracy, reliability, or completeness of any content on the Site. You acknowledge that your use of the Site is at your own risk, and OC Fashion Week® shall not be liable for any damages or losses incurred through your use of the Site. This includes but is not limited to losses due to technical issues or the interruption of services beyond our control.

 

4. Registration and Indemnification

When registering for an account on the Site, you agree that all information provided is accurate, current, and complete. OC Fashion Week® reserves the right to terminate accounts with incomplete or inaccurate information. You agree to indemnify and hold harmless OC Fashion Week®, its officers, employees, and affiliates, from any and all liabilities, claims, damages, costs, or legal fees arising from your breach of these Terms, use of the Site, or violation of any applicable law.

You further agree that you will not register with or use a username that infringes on the rights of others, is offensive, vulgar, or inappropriate in any way.

 

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond promptly and appropriately to any claim that content posted on the Service infringes upon the copyright or other intellectual property rights (“Infringement”) of any person or entity. 

If you are a copyright owner, or authorized to act on behalf of one, and you believe that a copyrighted work has been copied or used in a manner that constitutes copyright infringement, you must submit your claim to us via email at info@ocfashionweek.com with the subject line: “Copyright Infringement.” Your claim must include a detailed description of the alleged Infringement as specified below, under the “OC Fashion Week® Notice and Procedure for Copyright Infringement Claims.”

Please note: You may be held liable for damages (including costs and attorneys’ fees) for any false or bad-faith claims regarding the infringement of any content found on or through the Service.

 

OC FASHION WEEK® NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

If you believe your copyrighted work has been infringed upon, you may submit a notification in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information to our Copyright Agent, in writing:

 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., the web page address) of the location where the copyrighted work exists, or a copy of the copyrighted work;

• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

• Your mailing address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You can contact our Copyright Agent via email at chloe@ocfashionweek.com.

 

OC Fashion Week® reserves all rights under copyright, including, without limitation, rights to photographs and all other creative works. No permission to copy, distribute, or publish any portion of this website or any material posted on the website is granted without express written permission from OC Fashion Week®.

 

5. INTELLECTUAL PROPERTY RIGHTS

The Service and its original content, features, functionality, and all intellectual property (including but not limited to photographs, videos, B-roll, designs, and written materials) are and shall remain the exclusive property of OC Fashion Week® and its licensors. All content on the Service is protected by copyright, trademark, and other laws of the United States and may not be used without prior written consent. OC Fashion Week® trademarks, trade dress, and branding may not be used in connection with any product or service without express written permission.

Designs and Content Submitted to the Platform

By submitting any designs or content to the Platform, you represent and warrant the following:

• Proprietary Rights: You represent and warrant that you have all the necessary rights, title, licenses, and authority to upload, submit, post, display, perform, and distribute the Designs and Content. This includes the right to publish and distribute them by electronic and digital means.

• Non-Infringing: You represent and warrant that the Designs and Content do not (i) violate, infringe, or misappropriate any rights of third parties, including but not limited to privacy rights, copyrights, trademarks, trade secrets, patents, or other intellectual property rights, and (ii) do not violate any statute, law, ordinance, or regulation.

 

6. ACCREDITATION & PROMOTIONAL LICENSES

If you, as a Designer or Sponsor, upload any content that includes your individual name, signature, company name, logo, or other relevant trademarks (“Properties”), you hereby grant OC Fashion Week® a royalty-free, non-exclusive, worldwide, perpetual, and irrevocable right and license to use the Properties for marketing, promotional, and commercial purposes. This license includes, without limitation, the right to copy, distribute, broadcast, exhibit, publish, display, sublicense, and otherwise use the Properties in connection with OC Fashion Week®, its services, events, and related promotional materials. OC Fashion Week® shall have the right to use these Properties in any media, whether now known or hereafter devised, and for any purpose, including, but not limited to, advertising, marketing, public relations, and sponsorship campaigns.

Given the high-profile nature of OC Fashion Week®, demonstrated by over half a million recorded Instagram views and extensive audience reach, any withdrawal of consent, non-cooperation, or disruption in providing or delivering the Properties may result in substantial financial losses. Therefore, liquidated damages of $50,000.00 will be deemed fair and enforceable compensation for such actions. This provision is binding and enforceable in any court of law, without the need to prove actual damages.

This license shall only expire upon the completion of all obligations and deliverables by OC Fashion Week® and Designer/Sponsor, and/or upon the mutual written termination of all agreements between the parties. However, OC Fashion Week® reserves the right to retain promotional materials that incorporate the Properties in perpetuity for historical or archival purposes.

 

7. ACCEPTANCE OF TERMS

Please read the following information carefully before accessing our website. BY ENTERING THE SITE AND/OR REGISTERING FOR AN EVENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), including any amendments or updates to these Terms and Conditions that may be posted from time to time. If you do not agree with all provisions of these Terms, you must cease using the Site and any associated services immediately.

The Terms and Conditions are designed to protect the rights and interests of OC Fashion Week®, its affiliates, and its users. If you become aware of any violations of these Terms by other users, you agree to notify us immediately.

The “Site” refers to the website and associated properties of OC Fashion Week®, including www.ocfashionweek.com, www.ocfwx.com, and any related websites, subdomains, or platforms.

In addition to these Terms, your use of the Site or any services provided by OC Fashion Week® shall be subject to any posted guidelines, policies, or rules that may be implemented and updated from time to time.

 

8. SERVICE MARK INFORMATION

The service marks “OC Fashion Week®,” “Orange County Fashion Week®,” and other similar marks are federally and state-protected service marks owned exclusively by OC Fashion Week®. Use of these service marks for commercial purposes without prior written consent is strictly prohibited and may constitute service mark infringement or unfair competition under federal and state laws. 

All rights in the service marks and other intellectual property are reserved, and any license granted for the use of such marks is limited to the agreed purpose. Any additional or unauthorized uses shall be deemed a violation of this Agreement, entitling OC Fashion Week® to seek injunctive relief and monetary damages, including but not limited to any actual, statutory, or punitive damages, and attorneys’ fees incurred in enforcing these rights.

 

9. OWNERSHIP OF MATERIALS

All materials available on the Site, including but not limited to text, images, videos, logos, and multimedia content, are protected by copyright, trademark, and other intellectual property rights owned by OC Fashion Week® or its licensors. Unauthorized reproduction, distribution, modification, or public display of any materials from the Site is strictly prohibited without the prior written consent of OC Fashion Week®.

Violation of these intellectual property rights may result in civil and criminal penalties, and OC Fashion Week® reserves the right to pursue legal action, including but not limited to injunctive relief and monetary damages.

 

10. REGISTRATION INFORMATION: YOUR USE OF THE SERVICE

By registering for any services provided by OC Fashion Week®, you agree to be bound by these Terms and Conditions, as well as any additional policies outlined by OC Fashion Week®. All pricing for Designer and Sponsorship services is available on our Registration page. OC Fashion Week® reserves the right to modify fees at any time with 30 days’ notice. If you continue to use the services after such notice, you agree to the revised fees.

You further agree to be responsible for any penalties, fees, or interest resulting from late payments, non-compliance, or breaches of this Agreement. Any intentional misrepresentation or fraudulent behavior will result in immediate termination of your participation and the forfeiture of any fees paid. OC Fashion Week® reserves the right to seek damages for any fraudulent actions, including legal fees and related costs.

 

11. ADDITIONAL CLAUSES FOR PROTECTION AGAINST FINANCIAL INJURY:

1. Breach of Agreement & Financial Injury:

You agree that any breach of this Agreement, including but not limited to unauthorized cancellation of participation, submission of false or misleading information, or any other act that disrupts the performance of OC Fashion Week®’s services, will cause financial injury to OC Fashion Week®. In such cases, OC Fashion Week® reserves the right to seek liquidated damages in the amount of $100,000.00, in addition to any actual damages incurred.

2. Ambush Marketing Clause:

Ambush marketing, where a company attempts to falsely associate itself with OC Fashion Week® without proper sponsorship or by interfering with the legitimate rights of sponsors, is strictly prohibited. Given the high-profile nature of OC Fashion Week®, with over 538,000 Instagram views in the past 30 days and significant public exposure, such actions could cause substantial and irreparable harm to the event’s reputation and financial interests.

Ambush marketing is defined, in alignment with the Olympics and similar high-profile events under California law, as any attempt by a non-sponsor to:

• Create an unauthorized association with the event, either by promotional or commercial means, or

• Intentionally delay or impede the fulfillment of marketing, sponsorship, or contractual obligations, including but not limited to withholding required artwork, submissions, or other deliverables necessary to complete advertising, commercial production, or promotional content within the agreed deadlines.

This includes withholding artwork or other commercial submissions that are required to fulfill contractual marketing obligations, thus purposely impeding deadlines and causing financial harm. Such actions will be deemed willful breaches of contract intended to disrupt and interfere with the promotional process, and they are recognized under California law as forms of ambush marketing designed to undermine the event.

For any proven act of ambush marketing, including intentional delays or breaches related to artwork or submission deadlines, liquidated damages in the amount of $100,000.00 will be imposed. This amount is deemed fair and reasonable due to the substantial harm such acts cause to OC Fashion Week® and its sponsors, in terms of lost opportunities, reputational damage, and disrupted marketing campaigns.

3. Fraudulent Transactions and Misrepresentation:

Any fraudulent activity, including but not limited to false claims, fraudulent chargebacks, or the intentional misrepresentation of your role as a Designer or Sponsor, will result in immediate termination of your participation. OC Fashion Week® reserves the right to seek full restitution for any financial losses incurred, including attorneys’ fees and costs related to enforcing these rights.

4. In-Kind Sponsorship or Trade Agreements:

In-Kind Sponsorships or Trade arrangements must be disclosed in writing prior to the commencement of any event or promotion. Failure to disclose such agreements will result in the immediate revocation of sponsorship privileges and may result in liquidated damages of up to $50,000.00 for breach of good faith negotiations.

 

12. Customer Submissions

OC Fashion Week® values feedback and submissions from its customers. By submitting any content, creative ideas, inventions, suggestions, comments, materials, messages, data, registration information, or any other form of communication on the Site or through the services provided on the Site (“Submission”), you agree that these materials will automatically become the exclusive property of OC Fashion Week®, unless otherwise stated in writing, without compensation to you. OC Fashion Week® reserves the right to use the Submission for any purpose and in any manner, including but not limited to commercial, promotional, or operational purposes.

By submitting material for posting, you affirm that you have obtained all necessary permissions from the rightful owner(s) of the material and that such Submission does not infringe on the rights of any third party. You grant OC Fashion Week® the right to post, televise, digitally feature, or otherwise use the Submission at its discretion, including minor edits for layout and design purposes. Failure to provide the necessary permissions or rights will be considered a breach of these terms and may result in legal action.

 

13. Member Conduct

OC Fashion Week® provides platforms such as bulletin boards, chat rooms, and other interactive areas (“Bulletin Boards”) that allow for user interaction. While OC Fashion Week® does not monitor all activity, it reserves the right to review and remove any messages, information, or files that violate these Terms and Conditions. Your use of the Site and Bulletin Boards is conditioned on your agreement to refrain from the following prohibited activities:

a) Restrict or inhibit any other user from using and enjoying the Site or its services.

b) Post, e-mail, upload, or transmit unlawful, threatening, abusive, libelous, slanderous, defamatory, obscene, vulgar, pornographic, or indecent content, including but not limited to any content that encourages conduct constituting a criminal offense, or gives rise to civil liability.

c) Post, e-mail, upload, or transmit any information, software, or other materials that infringe upon the rights of others, including privacy rights or intellectual property rights, without proper authorization or permission.

d) Post, e-mail, upload, or transmit unsolicited or unauthorized advertising, promotional materials, “spam,” “junk mail,” “chain letters,” “pyramid schemes,” or other forms of solicitation unless expressly authorized by OC Fashion Week®.

e) Impersonate any person or entity, including but not limited to an OC Fashion Week® employee, or falsely state or misrepresent your affiliation with any person or entity.

f) Stalk, cyberstalk, harass, bully, or threaten any other person.

g) Collect or store personal data about other users without their consent.

h) Post, e-mail, upload, or transmit information or materials for commercial purposes without express written permission from OC Fashion Week®.

i) Establish a hypertext link to the Site or distribute, modify, or reuse text or graphics from the Site without express written consent from OC Fashion Week®.

 

13.1 Prohibited Actions

You acknowledge that the following actions are prohibited and constitute a material breach of these Terms and Conditions. OC Fashion Week® reserves the right to determine what actions are considered inappropriate, and any such breach may result in immediate termination of your access and potential legal action.

1. Violation of Laws: Using the Site, Bulletin Boards, or any related applications for actions that violate any local, state, national, or international laws, regulations, codes, or rules.

2. Chargebacks and Misuse of Resources: Participants and sponsors are prohibited from initiating chargeback requests without first attempting resolution with OC Fashion Week®. Any chargeback initiated without prior resolution will incur a $5,000 fee per chargeback to cover legal and processing costs. Misuse of resources, such as unreasonable labor demands or fraudulent requests that disrupt operations, will result in a $5,000 fine, along with retro-activating compensation for staff time, calculated at the following rates:

• $375 per quarter hour for the producer’s time,

• $150 per hour for the senior project manager’s time,

• $50 per hour for the project manager’s time.

3. Payment Delays: In the event of delayed payments, OC Fashion Week® reserves the right to impose a $1,000 per month late fee, with interest accruing at the maximum allowable rate under California law (typically 10% per annum, or approximately 0.83% per month).

4. Inappropriate Load on Website: Taking any action that imposes an unreasonable load on the Site’s infrastructure or restricts the performance of the Website or Applications.

5. Unauthorized Framing or Linking: Using the Site for unauthorized framing, linking, or employing automated devices, bots, or other forms of scraping or unauthorized access to the Content.

6. Defamation, Harassment, or Stalking: Defaming, harassing, stalking, threatening, or otherwise violating the legal rights of other users, including participating registered models.

 

13.2 Model Safety and Conduct Guidelines 

To ensure the safety and dignity of all models participating in OC Fashion Week® and Fashion Travel Week, the following rules apply:

a) Model Treatment: All staff, designers, and participants must treat models professionally and respectfully. No model should be subjected to inappropriate behavior, including but not limited to public humiliation or forced removal of garments.

b) Risk of Exposure: Any actions that place a model at physical or emotional risk, including the removal of clothing without consent, will result in a $5,000 fine and potential exclusion from future events.

c) Liability: Any participant who violates these terms will be held liable for damages, including but not limited to emotional distress and reputational harm to the event.

d) Enforcement: The organizers of OC Fashion Week® reserve the right to immediately remove offending parties from the event and pursue legal action, including financial penalties.

 

13.3 Prohibited Conduct on Bulletin Boards and Chat Rooms 

1. Posting Inappropriate Content: You agree not to post any inappropriate, obscene, defamatory, unlawful, or indecent content.

2. Uploading or Downloading Illegal Files: Uploading or downloading files containing viruses, corrupted data, or content that infringes intellectual property laws is strictly prohibited.

3. Unauthorized Advertising or Solicitation: The Site must not be used for unsolicited advertising, “spam,” or unauthorized solicitations, including but not limited to pyramid schemes or chain letters.

4. Collecting Personal Information: Harvesting or collecting personal information from other users without consent is strictly forbidden.

5. Falsifying Information: Falsifying or deleting any legal notices or proprietary information is prohibited.

6. Violation of Participant and Model Safety Guidelines: You agree to comply with all safety protocols, including the Model Safety and Conduct Guidelines, to ensure the dignity and well-being of all participants.

OC Fashion Week® reserves the right to disclose any information necessary to comply with applicable laws and to refuse to post or remove any material that, in its sole discretion, violates these Terms and Conditions.

 

 

14. CONTRACT OF CARRIAGE. 

OC Fashion Week®   is a Seller of Travel and a Registered California Seller of Travel under the Office of the Attorney General CST #2114380-40. Upon booking the Yacht, each Passenger named on the EventBrite ticket  explicitly agrees to the terms of this Passage Contract. Any Passenger booking or purchasing the yacht EventBrite ticket  represents that he or she is authorized by all accompanying Passengers to accept and agree to all the terms and conditions set forth herein. Upon receipt of the Eventbrite ticket, Carrier accepts the Passenger(s) named on the booking confirmation for the yacht subject to the terms of this Passage Contract.

Passenger acknowledges and agrees that, except as otherwise expressly provided herein, the interpretation, applicability, and enforcement of this Passage Contract shall be governed exclusively by the general federal maritime law of the United States, which replaces, supersedes and preempts any provision of law of any state or nation to the contrary.

Except as otherwise expressly provided herein, this Passage Contract constitutes the entire understanding and agreement between You and Carrier as defined below and except as otherwise expressly provided herein, supersedes any prior oral, implied, written or other representations or agreements between You and Carrier. This Passage Contract governs the relationship between You and Carrier, whether the OCFASHIONWEEK EventBrite ticket is purchased by You or on Your behalf, and can only be modified by a writing signed by Carrier. You may not sell, assign or transfer Your Eventbrite ticket booking, eDocs or airline eTickets and no person other than that named on the ticket may use it.

When you board a chartered yacht by OC Fashion Week®   or airline ticket, you enter into a contract with us, and you agree to be bound by the terms and conditions. The terms of your contract are set forth herein. Additionally, you are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, reservation, Eventbrite ticket, ticket jacket or e-ticket receipt or online registration. To the extent there is a conflict between this Contract of Carriage and any terms and conditions printed on or in any ticket, ticket jacket or e-ticket receipt this Contract governs.  By purchasing a ticket or accepting transportation, this passenger agrees to be bound by the these controlling terms of this Contract of Carriage, and no covenants at law or in equity shall be implied or incorporated.

Upon booking the Cruise and/or Yacht, Land Trip(s) and/or Air Package, each Guest named on the booking confirmation/statement explicitly agrees to the terms of this OC Fashion Week®   Contract. Any Guest booking or purchasing or accepting the Cruise and/or Yacht, Land Trip(s) and/or Air Package represents that he or she is authorized by all accompanying Guests, on their behalf, to accept and agree to all the terms and conditions set forth herein.

You acknowledge and agree that, except as otherwise expressly provided herein, the resolution of any and all disputes between Carrier and any Guest, shall be governed exclusively and in every respect by the general maritime law of the United States, without regard to its choice of law principles, except in cases involving death arising outside the United States which shall be governed exclusively by the Death on the High Seas Act, 46 U.S.C. § 30301, et seq. To the extent such maritime law is not applicable, the laws of the State of California (U.S.A.) shall govern the contract, as well as any other claims or disputes arising out of that relationship. You agree this choice of law provision replaces, supersedes and preempts any provision of law of any state or nation to the contrary. All parties agree to accept jurisdiction and venue in Orange County, California.

This Cruise and/or Yacht Contract constitutes the entire understanding and agreement between You and OC Fashion Week®  , the operator of the OC Fashion Week®   brand ships and/or yachts, as applicable to your Cruise and/or Yacht, Land Trip or Air Package ("Carrier"), and supersedes any other prior oral, implied, written or other representations or agreements between You and Carrier except that in the event of a direct conflict between a provision of this Cruise and/or Yacht Contract and a provision of the Cruise and/or Yacht Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. This Cruise and/or Yacht Contract governs the relationship between You and Carrier, whether the Cruise and/or Yacht is purchased by You or on Your behalf, and can only be modified by a subsequent writing signed by Carrier. You may not sell, assign or transfer Your booking of this Cruise and/or the Yacht Contract and no person other than that named on the boarding pass and/or Eventbrite ticket may use the boarding pass and/or Eventbrite ticket. Any portion or provision of this Cruise and/or Yacht Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability shall be severed from this Contract without affecting in any way the remaining provisions of the Cruise and/or Yacht Contract which shall remain in full force and effect.

You and Carrier agree and intend that certain third party beneficiaries derive rights and exemptions from liability as a result of this Cruise and/or Yacht Contract. Specifically, all of Carrier’ s rights, exemptions from liability, defenses and immunities under this Cruise and/or Yacht Contract will also inure to the benefit of the following persons and entities who shall be considered “ Carrier” only for purposes of such rights, exemptions from liability, defenses and immunities: Carrier’s employees, agents, the yacht or cruise ship named on the booking confirmation/statement and/or boarding pass and/or Eventbrite ticket (or any substituted ship), the ship’s tenders, the ship’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, physician and medical personnel, retail shop personnel, health and beauty staff, fitness staff, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.

“ Cruise and/or Yacht” means the scheduled Cruise and/or Yacht voyage or Land + Sea Journey as published in the booking confirmation/statement and/or boarding pass and/or Eventbrite ticket issued in connection with this Cruise and/or Yacht Contract, as may be amended by pursuant to this Cruise and/or Yacht Contract, from the port of embarkation to the port of disembarkation, and also includes any air, rail, road or sea transport and any land accommodation components of any Land + Sea Journeyland-sea package sold, taken with or included in the price of the Cruise and/or Yacht, any activities, shore excursions, tours, or shoreside facilities related to or offered during the Cruise and/or Yacht.

“ You, ” “ Your” and “ Guest” mean the person(s) booking or purchasing the Cruise and/or Yacht (including, where applicable, the Land Trip and/or Air Package) or named on the booking confirmation/statement and persons in their care, including any minor, and their heirs, relatives, successors in interest, and personal representatives.

“ Air Package” refers to air transportation booked for You by Us to enable You to travel to and from Your Cruise and/or Yacht.

This document is OC Fashion Week®  's Domestic Conditions of Carriage. It applies only to travel entirely within the United States of America and international travel and states the terms upon which OC Fashion Week®   offers to transport passengers.

Any reference to “OC Fashion Week®  ” in this contract refers to OC Fashion Week®   Transport, the OC Fashion Week®   Yacht, and the OC Fashion Week®   Connection carriers. Some departures marketed by OC Fashion Week®   may be operated by the other carriers. If any Carrier other than OC Fashion Week®   is operating a transport, we will identify that Carrier in our schedules and in written or oral communications with you during the booking process. The terms of transportation applicable to OC Fashion Week®   specified in these Conditions of Carriage apply to departures operated by the OC Fashion Week®   Connection and OC Fashion Week®   Yacht carriers, and to codeshare departures marketed by OC Fashion Week®  .

OC Fashion Week®   may act as an agent to issue tickets, check baggage and / or equipment  and book reservations for transportation via other Carriers which have interline agreements with OC Fashion Week®  . For departures operated by other Carriers, the conditions of carriage of the operating Carrier will apply. Other Carriers may have different terms and conditions applicable to their departures, and these may be obtained directly from the other Carriers.

A. Amendments to Conditions of Carriage

OC Fashion Week®   may amend these Conditions of Carriage at any time, except as provided by law. Your travel is governed by the rules that were in effect on the date you purchased your ticket or accepted your ticket for boarding or when boarding for departure; provided, however, that OC Fashion Week®   reserves the right to apply rules currently in effect on the date of your travel where reasonably necessary for operational reasons and where the change in rule does not have a material negative impact upon you. No OC Fashion Week®   contractor, subcontractor or ticketing agent has the authority to modify any provision of the Conditions of Carriage unless authorized in writing by a OC Fashion Week®   corporate officer.

B. RULE: SCHEDULES AND OPERATIONS

OC Fashion Week®   will exercise reasonable efforts to transport you and your baggage and equipment and equipment from your origin to your destination with reasonable dispatch, but published schedules, transport times, vehicle, yacht and /or aircraft types, seat assignments, and similar details reflected in the ticket or OC Fashion Week®  ’s published schedules are not guaranteed and form no part of this contract. OC Fashion Week®   may substitute alternate Carriers or vehicle, yacht and/or aircraft, change its schedules, delay or cancel reservations, departures, change seat assignments, and alter or omit stopping places shown on the ticket as required by its operations in OC Fashion Week®  ’s sole discretion. OC Fashion Week®  ’s sole liability in the event of such changes is set forth. OC Fashion Week®   is not responsible or liable for making connections, failing to operate any transport according to schedule, changing the schedule or any transport, changing seat assignments or vehicle, yacht and /or aircraft types, or revising the routings by which OC Fashion Week®   carries the passenger from the ticketed origin to destination.

C. Fees.

Unless otherwise agreed, the price does not include departure taxes or airport improvement tax (on some itineraries this will have to be paid locally); shore excursions and personal expenses (for example, onboard drinks, laundry charges, health and beauty treatments, hairdressing, telephone calls, etc.*); hotel meals onshore (unless otherwise stated); transfers by any method if not traveling on the standard departure date(s); travel insurance; tips/gratuities**, i.e. tips/gratuities on board or ashore; anything else which is not specifically mentioned as being included in the price.

*   A charge may be made for some entertainment activities on board.

** Tips/gratuities for on board dining and stateroom staff may be automatically added to your onboard invoice  to pre-pay tips/gratuities at the time of booking.

We reserve the right to include a fuel supplement when making a booking. 

Please note, if you are taking consecutive yacht cruises there may be some duplication with regard to onboard programs, meals and entertainment. We reserve the right to make a fuel surcharge when making a booking, to reflect the cost of fuel or other power sources. We may also increase prices to reflect changes in relevant taxes, fees or foreign exchange rates.

 D. Tickets Expiration

A ticket is valid for one year from the date of issue, and all travel must be completed within the validity period. If exchanged, whether travel has commenced or not, the ticket must be reissued and all travel completed within one year from the original date of issue. However, certain fares may have different periods of validity, in which case the specific rules associated with the fare will apply. If the passenger is prevented from using the ticket, or a portion of the ticket, before the one-year expiration date due to lack of space or flight cancellation, the ticket will remain valid until space can be provided.

E.  An electronic ticket (E-Ticket/ET and/or Eventbrite Ticket) is the record of agreement maintained and processed within the Carrier’s electronic reservation system. A written receipt is provided to the purchaser of the electronic ticket or an eventbrite ticket confirmation is emailed to the recipient which contains a reference for retrieving the record within the Carrier’s reservation system and summary of the ticket information. The Carrier may mandate the issuance of an electronic ticket (ET) regardless of market, Carrier, form of payment, and customer type (including SkyMiles and participating Carrier frequent flyer members).

 

Transportation by OC Fashion Week®   (hereafter "Carrier") is subject to the terms and conditions contained herein, in addition to any terms and conditions printed on any Ticket, or specified on the Carrier’s website. The terms and conditions contained in this Contract of Carriage shall govern all published routes and services provided by the Carrier as well as all fares and charges published by the Carrier. This Contract of Carriage is subject to applicable laws, regulations and rules imposed by U.S. or foreign governmental agencies. In the event of a conflict between the terms of this Contract and such applicable laws, regulations or rules, the latter shall apply. In addition to the terms and conditions contained within this agreement, by purchasing a Ticket or accepting transportation, the Passenger agrees to be bound by all of the following terms and conditions. Carrier reserves the right, in its sole discretion and to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Contract of Carriage without prior notice. All changes must be in writing and approved by a corporate officer of the Carrier. To the extent there is a conflict between the Contract of Carriage and information printed on the Ticket or specified on the Carrier’s website, the Contract of Carriage governs. Applicable terms and conditions are those in effect as of the date a Passenger commences travel on a given itinerary. 

b. Definitions

"Event Organizer" means the organization with which You enter into this agreement.

"You" means You as the holder of this Ticket. "Your" shall be read accordingly.

"Event" means the Event as stated on Your Ticket.

"Ticket" means any ticket You use to gain entrance to the Event.

"Venue" means the venue where the Event is held.

"Project Manager" means contractor assigned projects management tasks to complete.

OC Fashion Week®   reserves the right to cancel its events if there is any foreseeable risk due to any epidemic or conceivable pandemic risk to any audiences whatsoever. The Event Organizer makes no warranty with respect to the appearance of specified artists at the Event, and will not be liable if, due to unforeseen circumstances, the Event is postponed or canceled or if the program is changed.

The Event Organizer, at their sole discretion, reserves the right to refuse admission to or eject any person behaving dangerously or inappropriately. Admission and security representatives of the Event Organizer reserve the right to refuse entry and to eject anyone from the Event, without limitation, for safety and health reasons. The Event Organizer reserves the right to conduct security searches and to refuse admission to You, or eject You from the Venue, should You refuse to comply with such security measures. The Event Organizer reserves the right to confiscate any item which, in their reasonable opinion, may cause danger or disruption at the Event.

OC Fashion Week®   Eventbrite Ticket is a Boarding Pass to attend each event including any chartered yacht events. The Boarding Pass is a document issued by Carrier entitled Boarding Pass bearing the Passenger’s first and last name, date, departure and a boarding group number, which represents the Passenger’s boarding group and reserved spot in the boarding group line. A Passenger must have an Eventbrite Ticket or Boarding Pass to be considered as having Confirmed Reserved Space. Boarding Passes may be obtained at OCFashionWeek.com.  Carrier reserves the right to restrict Boarding Pass distribution to the departure gate entry. Carriage means the transportation of Passengers and/or Equipment and/or Baggage by yacht, air, or cruise gratuitously or for hire, and all services of Carrier related thereto. Carrier means OC Fashion Week®   and its officers, employees, sponsors, contractors and agents acting in their official capacities.

Limited Release of Liability means Passenger’s tender, and Carrier’s acceptance, of Checked Equipment and/or Baggage in a condition, or of a nature, unsuitable for Carriage where Carrier limits or excludes liability for loss, damage, or delay.

Passenger means any person, except members of the Runway Crew working on the transport, who is carried or will be carried in a yacht, cruise ship and/or aircraft with the consent of Carrier and is bound by this Contract of Carriage.

FORCE MAJEURE

Force Majeure Event means any event outside of Carrier’s control, including, without limitation, acts of God, and meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption. It also includes, without limitation, government action, disturbances or potentially volatile international conditions, civil commotions, riots, embargoes, wars, or hostilities, whether actual, threatened, or reported, strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Carrier’s service, mechanical difficulties by entities other than Carrier, Air Traffic Control, the inability to obtain fuel, airport gates, labor, or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by Carrier. 

Roundtrip means Scheduled Roundtrip Transportation Service on Carrier from an originating destination to a destination port, dock or airport and back to the originating port, dock or airport or Carrier-recognized co-terminal.

Eventbrite Ticket means the electronically issued ticket that is emailed to guest attendees as passengers by Carrier or an authorized tour operator and/or travel agent, which provides for the Carriage of the Passenger occupying a single seat.

Reservations (1) Confirmation of Reservations. A reservation on a given destination cruise, yacht tour, and/or flight is confirmed by the issuance of a Ticket.

Conditions Beyond Carrier’s Control. Carrier will refuse to carry and will cancel the reservations of any Passenger when such refusal is necessary to comply with a government regulation, a request for emergency transportation in connection with the national defense, or when necessary or advisable by reason of weather or other conditions beyond Carrier’s control.

 

Prohibition on Multiple/Conflicting Reservations. To promote seat availability for our Customers, OC Fashion Week®   prohibits multiple reservations for the same Passenger departing from the same city on the same date, or any multiple reservations containing conflicting or overlapping itineraries (such as departures for the same Customer from multiple cities at the same time). Furthermore, without advance notice to the Passenger or purchaser, OC Fashion Week®   may cancel such reservations, or any other reservations that it believes, in its sole discretion, were made without intent to travel.

Limitation of Liability. Carrier is not liable for any type of special, incidental or consequential damages when it cancels the reservations of any Passenger.

Group Policies (1) Groups Booked as Individuals. When ten or more Passengers are booked by a single individual, company, corporation, booking agency, or other entity for travel on the same scheduled tour and /or flight(s), the reservations must be made as a group through the Carrier's Group Desk or Operations Team, and all applicable group policies and procedures must be followed. If a booking entity fails to make such reservations as a group, Carrier reserves the right, in its sole discretion, to assess a penalty upon and/or revoke the authority of the booking entity to sell Carrier's transportation services.

Fares a. Application of Fares (1) Transportation is subject to the fares and charges in effect when the Ticket is purchased. The fare is guaranteed once a reservation is made and a Ticket is purchased. If a Ticket is purchased before an increase in the fare becomes effective, the Ticket shall be honored for transportation between the airports and at the fare for which it was purchased. (2) Changes to any portion of a Ticket initiated by the purchaser, Passenger, or his authorized agent after its original issue will be subject to the fares, fare rules, tax increases, and charges in effect on the date the change is initiated. A change constitutes a change in flight number, origin, destination, intermediate points, flight date, class of service, or fare. Ticket changes and exchanges within the same reservation will result in the initial Ticket being applied as the form of payment for the new ticket. Our unrestricted fares are fully refundable if canceled and then refunded instead of exchanging or changing your Ticket. (3) Fares may be obtained on Carrier’s website at www.ocfashionweek.com

 

Tickets (1) No person shall be entitled to transportation except upon presentation of a valid Ticket or proof of identification acceptable to Carrier to confirm that transportation has been purchased. Such Ticket shall entitle the Passenger to transportation subject to this Contract of Carriage and, in particular, certain terms and conditions as follows. (i) Such Ticket is valid between the points of origin and destination via the specific routing designated on the Passenger’s itinerary only. (ii) Passenger is in compliance with fare requirements as provided in Section 3c, including proof of age and status where applicable, that entitle the Passenger to special or military fares. (iii) Passenger is in compliance with any other requirements of the Passenger’s fare class. (iv) The Passenger’s Ticket is in the Passenger’s own name. (v) The Ticket has not been altered or improperly issued. (2) Tickets are Non-transferable. Tickets, and any travel credit issued for unused Tickets, are non-transferable unless specified explicitly on the Ticket. Carrier is not liable to the holder of a Ticket for use or refund of such Ticket when presented by a person other than the person to whom the Ticket was issued. If a Ticket is used by a person other than the person to whom it was issued, Carrier shall not be liable for the loss, destruction, damage, or delay of such unauthorized person’s Baggage or other personal property or the death or injury of such unauthorized person arising from or in connection with such unauthorized use. (3) Purchase of Additional Seat. The purchase of more than one seat for use by a single Passenger is required when necessary to transport large musical instruments or electronic audio/video, medical, or otherwise sensitive equipment unsuitable for Carriage as Checked Baggage, as specified in Section 7. It is the Passenger’s responsibility to notify Carrier of any unique seating needs. In accordance with Section 6, Carrier may refuse to transport individuals who are unable or unwilling to comply with Carrier’s seating requirements. Purchase of more than one seat for use by a single Passenger for the sole purpose of ensuring additional personal space is prohibited, except in limited circumstances when the Carrier, in its discretion, permits it.

 

Ticket Acceptability (1) Tickets Accepted. Carrier will accept only its own Tickets. Any Tickets issued in conjunction with travel on another airline will not be accepted unless required by federal government regulation or at the Carrier’s sole discretion. OC Fashion Week®   12 (2) In the event that a Passenger does not comply with the terms and conditions in this Contract of Carriage, his Ticket shall be invalidated, and Carrier has the right to: (i) Cancel any remaining portion of the Passenger’s itinerary. (ii) Refuse to allow the Passenger to board or check Baggage. (iii) Confiscate the Ticket.

 

Eligible fare refunds procedures: (i) When no portion of the transportation has been provided, the refund or credit will be issued in an amount equal to the fare paid. (ii) When a portion of the transportation has been provided, the refund or credit will be made in an amount equal to the difference, if any, between the total fare paid and the fare applicable to the transportation provided.

 

Eventbrite Tickets

Invalid Boarding Passes. A Boarding Pass that has been altered or improperly issued shall not be valid and will not be accepted by Carrier. (4) Transferability. Boarding Passes are nontransferable unless explicitly stated on the Boarding Pass. Carrier is not liable to the holder of a Boarding Pass for use of such Boarding Pass when presented by a person other than the person to whom it was issued. If a Boarding Pass is used by a person other than the person to whom it was issued, Carrier shall not be liable for the loss, destruction, damage or delay of such unauthorized person’s Baggage or other personal property or the death or injury of such unauthorized person arising from or in connection with such unauthorized use.

 

Acceptance of Passengers a. Refusal to Transport General. Carrier may, in its sole discretion, refuse to transport, or may remove from an aircraft at any point, any Passenger in any of the circumstances listed below. The fare of any Passenger denied transportation or removed from Carrier’s aircraft en route under the provisions of this Section will be refunded in accordance with Section 9. The sole recourse of any Passenger refused transportation or removed en route will be the recovery of the refund value of the unused portion of his Ticket. Under no circumstances shall Carrier be liable to any Passenger for any type of special, incidental, or consequential damages. (1) Safety. Whenever such action is necessary, with or without notice, for reasons of aviation safety. (2) Force Majeure Event: Whenever advisable due to Force Majeure Events outside of Carrier’s control, including, without limitation acts of God, meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption. It also includes, without limitation, government action, disturbances or potentially volatile international conditions, civil commotions, riots, embargoes, wars, or hostilities, whether actual, threatened, or reported, strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Carrier’s service, mechanical difficulties by entities other than Carrier, Air Traffic Control, the inability to obtain fuel, airport gates, labor, or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by Carrier. (3) Government Request or Regulation. Whenever such action is necessary to comply with any Federal Aviation Regulation or other applicable government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense. (4) Interference with Flight Crew. Passengers who interfere or attempt to interfere with any member of the flight crew in carrying out its duties. (5) Search of Passenger or Property. Any Passenger who refuses to permit the search of his person or property by Carrier or an authorized government agency for explosives, hazardous materials, contraband, or concealed, deadly, or dangerous weapons or articles. (6) Proof of Identity. Any Passenger who refuses upon request to produce positive identification acceptable to the Carrier. For international travel, any Passenger that has not obtained and completed all documentation required for entry into and exit from each country, as well as compliance with the laws, requirements or procedures of each country listed on such itinerary. (7) Incompatible Medical Requirements. Carrier will refuse to transport persons requiring the following medical equipment or services, which either are not authorized or cannot be accommodated on Carrier’s aircraft: medical oxygen for use onboard the aircraft except FAA-approved and Carrier accepted Portable Oxygen Concentrators (POCs), incubators, medical devices requiring electrical power from the aircraft, or travel on a stretcher.

Prohibition on Solicitation. Persons who refuse to comply with instructions given by Carrier prohibiting the solicitation of items for sale or purchase, including airline Tickets, reduced-rate travel passes, or travel award certificates.

Camera, film, video, lighting, and sound equipment will be accepted when tendered by representatives of network or local television broadcasting companies or commercial film-making companies. OC Fashion Week®   reserves the right to to apply a charge  for each item. 

Claims (1) No claim for personal injury or death of a Passenger will be entertained by Carrier unless written notice of such claim is received by Carrier within 21 days after the occurrence of the event giving rise to the claim. (2) No legal action on any claim described above may be maintained against Carrier unless commenced within one year of the Carrier’s written denial of a claim, in whole or in part. 

Choice of Law, Entire Agreement (1) Any and all matters arising out of or relating to this Contract of Carriage and/or the subject matter hereof shall be governed by, construed, and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the State of California without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. This Contract of Carriage represents the entire, integrated agreement between the parties relating to transportation by Carrier, and shall supersede all prior representations, understandings or agreements pertaining thereto, either oral or written. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity.

 

15. Project Managers: Roles, Responsibilities, and Compensation

OC Fashion Week® engages Project Managers (PMs) as independent contractors (ICs) to oversee specific projects related to sponsors and/or designers. PMs are responsible for planning, organizing, and directing the completion of tasks associated with these projects. To succeed in their role, PMs must demonstrate leadership, professionalism, time management, technical project management skills, and strategic business management.

PMs function as customer service representatives tasked with ensuring the successful execution of sponsor or designer deliverables. They are required to provide scheduled follow-ups, written recap emails, and other communications to both OC Fashion Week® and the client to ensure that all project goals are met. Their role is not a sales position but a project support role designed to help manage sponsor and designer relations.

1. Compensation Structure: Commission-Based Work

PMs at OC Fashion Week® are independent contractors (ICs) and, unless otherwise agreed upon in writing, are compensated based on commissions awarded to them per account managed. These commissions are calculated as a percentage of the assigned account’s budget, earned only through the successful completion of tasks associated with the project.

Compensation and Hours:

• PMs are not employees and are responsible for managing their time and resources to complete their assigned tasks within the allocated time.

• Weekly Time Allocation: PMs are allocated 15 minutes per week per sponsor account to manage communications and tasks related to that account. This is to ensure that PMs can manage multiple accounts efficiently.

• 4-Week Intensive Allocation: In the 4 weeks leading up to the show day, PMs are allocated a total of 2.5 hours to ensure all deliverables and tasks are completed for their assigned sponsor account(s).

• Hourly compensation is not provided unless specifically agreed upon in writing between OC Fashion Week® and the PM, or in cases of disputes where there is evidence of financial injury and OC Fashion Week® wins compensation (see below). Any tasks that exceed the allocated 2.5 hours in the 4 weeks before the show must be approved in writing by OC Fashion Week® before the PM is compensated for additional time.

• Commission-Based Compensation: PMs are paid only upon the completion of milestones or tasks as defined by their agreement. The total commission earned is contingent upon the successful execution of the assigned project and adherence to deadlines.

• Efficiency of Time Management: The success of PMs in fulfilling their role and earning their commission is tied to how effectively they manage their time. Expediency and execution of tasks within the allocated hours are critical to maintaining the value of their services.

2. Time Allocation and Additional Work

Each PM is allocated 15 minutes per week per sponsor account to manage communications, task coordination, and project execution. In the 4 weeks leading up to the show day, PMs are allocated a total of 2.5 hours to finalize and execute tasks related to each sponsor account.

If a client or account requires additional work or exceeds the allocated time, the PM must seek written approval from OC Fashion Week® before engaging in additional hours. Any time spent beyond the allocated hours without prior written approval will not be compensated.

 

Additional Compensation for Approved Extra Work:

• If additional time is needed, and written approval is granted by OC Fashion Week®, the PM will be compensated at the following rates:

• $50 per hour for standard Project Manager tasks beyond the allocated 2.5 hours in the final 4 weeks.

• $150 per hour for Senior Project Manager tasks.

• $375 per quarter hour for Producer intervention, if required.

Compensation for Dispute Resolution:

• In the event of a dispute where OC Fashion Week® proves financial injury and is awarded compensation, PMs may be eligible for hourly compensation at the following rates, based on their contribution to resolving the dispute:

• $50 per hour for the Project Manager’s time.

• $150 per hour for the Senior Project Manager’s time.

• $375 per quarter hour for the Producer’s time.

This compensation is contingent upon OC Fashion Week® winning the dispute and receiving compensation. Without such a result, PMs will remain compensated solely by their commission structure.

3. Documentation and Proof of Work

To ensure accountability and the legitimacy of their work, PMs are required to submit weekly written reports summarizing their activities. These reports must include:

1. Account Name: Identify the client or sponsor account being managed.

2. Date and Time of Meetings: Include the specific date and time of all client or team meetings.

3. Parties Included: List all individuals present in the meetings.

4. Summary of Executed Tasks: Provide a concise summary of tasks completed during the week.

5. Pending Tasks: Outline any tasks that are pending or yet to be completed.

6. Tasks Stalled or Delayed: Identify any tasks that are delayed or stalled, including reasons for the delays.

7. Confirmation of Approved Changes or Requests Under Review: Document any approved changes or pending requests, along with confirmation of their approval to legitimize the report.

These reports must be submitted weekly by [insert deadline day, e.g., Friday 5:00 PM]. Failure to submit reports on time will result in withheld commission payments until the required documentation is received and verified. This documentation is essential for maintaining transparency and ensuring proper compensation for the PM.

4. Failure to Submit Reports and Grounds for Termination

PMs who fail to submit the required weekly reports for more than two consecutive weeks, or who consistently fail to meet the reporting deadlines, will be considered in breach of their contract. OC Fashion Week® reserves the right to terminate any PM for failure to meet these reporting requirements, resulting in forfeiture of all pending and future commissions tied to the project.

Consistent failure to submit reports, deliberate non-compliance, or lack of communication with OC Fashion Week® or the client will be deemed project abandonment. In such cases, the PM will forfeit any future payments, and OC Fashion Week® reserves the right to seek recovery for damages or costs incurred in replacing the PM or handling delays caused by the abandonment.

5. Project Abandonment and Penalties

PMs who abandon their project, defined as:

• No communication or engagement with the client or OC Fashion Week® for more than 30 days,

• No reports submitted for two consecutive weeks,

• No meetings scheduled, or

• Failure to show proof of progress or engagement,

will immediately forfeit all pending commissions. OC Fashion Week® reserves the right to recover costs related to replacing the PM, any project delays, or additional resources needed to ensure the account’s success. This includes the cost of hiring additional staff or a replacement PM to oversee the execution of the account’s contracted program.

6. Client-Induced Overages and Compensation for Delays

Clients who cause delays in the progress of the project by withholding required materials, failing to attend meetings, or demanding excessive work beyond the agreed-upon hours will be responsible for any additional costs incurred. OC Fashion Week® reserves the right to bill clients for excessive labor demands at the following rates:

• $375 per quarter hour for Producer intervention.

• $150 per hour for Senior Project Manager time.

• $50 per hour for additional Project Manager time.

• $50 per hour for administrative or support services related to recovering the project timeline.

Any unreasonable demands placed on the PM that extend beyond their allocated hours must be pre-approved in writing. Failure to follow this process may result in the removal of the client from the event or additional charges for recovery efforts.

7. Independent Contractor Status

PMs engaged with OC Fashion Week® are independent contractors and are responsible for managing their time and resources. While OC Fashion Week® may provide guidance or recommendations, PMs are expected to independently manage their workload and ensure tasks are completed within the allocated time. Commissions are based solely on task completion and project success.

As ICs, OC Fashion Week® has no obligation to provide hourly compensation unless expressly agreed upon in writing for specific projects or as a result of financial injury disputes where OC Fashion Week® wins compensation. PMs will not be compensated for time spent beyond the allocated 15 minutes per week per account or the 2.5 hours allocated in the 4 weeks leading up to the show unless approved in writing. Additionally, OC Fashion Week® holds no responsibility for how PMs manage their time beyond the scope of their agreement.

8. Injuries.

The Project Manager acknowledges the obligation to obtain appropriate insurance coverage for the benefit of the Project Manager (and the Project Manager’s employees, if any). The Project Manager waives any rights to recovery from OC Fashion Week® for any injuries that the Project Manager (and/or the Project Manager’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Project Manager or the Project Manager’s employees. The Project Manager will provide OC Fashion Week® with a certificate naming OC Fashion Week® as an additional insured party.

  

16. Privacy

By accessing this Site, you consent to the collection and use of information by OC Fashion Week® pursuant to the guidelines set forth in our Privacy Policy. If OC Fashion Week® revises its privacy policy, we will post the changes on the Site to ensure that you remain informed about the information we collect, how it is used, and under what circumstances it may be disclosed. Your continued use of the Site following such changes constitutes acceptance of the revised privacy policy.

 

17. Third-Party Sites

This Site may provide links to websites owned and operated by third parties that OC Fashion Week® believes will be of interest to Site visitors. Additionally, other websites may link to this Site with or without the knowledge of OC Fashion Week®. OC Fashion Week® is not responsible for, and exerts no control over, any website linked to or from this Site. As such, OC Fashion Week® disclaims any and all responsibility or liability arising from or related to such third-party websites. The inclusion of any link to or from a third-party website does not imply sponsorship, endorsement, or affiliation between OC Fashion Week® and the website, its content, products, services, or the entities that own and operate it.

 

18. No Warranties.

OC Fashion Week® intends for the information and data contained on the OC Fashion Week® website to be accurate and reliable. However, because the information and data have been compiled by OC Fashion Week® from a variety of sources, it is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, OC Fashion Week® expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose with respect to any of the materials or information on the site. OC Fashion Week® makes no warranty that the rates and hotels listed will be available at the time you make your reservation. OC Fashion Week® does not warrant or make any representations regarding the use or the results of the use of the materials on the site or third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

OC Fashion Week® is not responsible for any additional expenses or incidentals imposed by hotels, yachts, or other third-party services. OC Fashion Week® makes no warranty regarding any goods or services purchased or obtained through the site, newsletters, or any transactions entered into, directly or indirectly, through the site or newsletters. Price and availability information is subject to change without notice.

OC Fashion Week® and/or its agents act solely as facilitators on behalf of clients for matters related to hotel accommodations, venue site locations, and other related services. **OC Fashion Week®** is not responsible for any damage, inconvenience, expense, injury, or loss of property caused by delays, changes in schedule, late arrivals or departures, or absences. Baggage handling throughout any events is entirely at your own risk. OC Fashion Week® shall not be held responsible for any errors or omissions in promotional materials and event activities.

OC Fashion Week® does not warrant that the functions contained in the materials will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. You understand and agree that any material or data downloaded or otherwise obtained through the use of the site or newsletters is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you from OC Fashion Week® or through the site, newsletters, or bulletin boards shall create any warranty not expressly stated herein.

ROI Disclaimer: You understand that the goal of OC Fashion Week® is exposure in supporting emerging talent, local, and international businesses. OC Fashion Week® does not guarantee a return on investment (ROI) as it does not own, govern, or control any brand or product other than its own. OC Fashion Week® is not responsible for training sales associates through its staff and will not guarantee the quality of a product or service being promoted at the event, including products and services offered by fashion designers or sponsors.

OC Fashion Week® has no obligation to deliver ROI as it is not an employee or agent of any sponsor, designer, or other participating parties. The responsibility for converting exposure into sales or benefits lies solely with the participating company, including the training of its staff and the execution of its product or service. OC Fashion Week® is also not responsible for companies that forfeit or no-show for their program; amenities are offered only to those who participate, and non-participation will result in a non-refundable forfeiture.

  

19. Limitation of Liability

Under no circumstances, including but not limited to negligence, shall OC Fashion Week® or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, (i) the site, (ii) event activities at venues, including any and all fashion shows, (iii) the materials or information on the site, or (iv) any goods or services purchased or obtained through the site or the newsletters. You specifically acknowledge and agree that OC Fashion Week® is not liable for any defamatory, offensive, or illegal conduct by any user. If you are dissatisfied with any content on this site, or with any of these terms and conditions or the materials or information on the site, your sole and exclusive remedy is to discontinue using the site and the materials.

In no event shall we be liable to you or any third party, including sponsors or designers, for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (A) whether such damages were foreseeable, (B) whether or not we were advised of the possibility of such damages, and (C) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Our sole and entire maximum liability under these terms, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products or services you have ordered.

This limitation of liability does not supersede or replace the limitation of liability provisions present in your applicable terms and conditions or under your statutory rights. To the extent that this section conflicts with your applicable terms and conditions or your statutory rights, those terms and conditions or statutory rights shall prevail.

20. Indemnification and Termination

You agree to indemnify and hold OC Fashion Week®, its subsidiaries, affiliates, officers, agents, subcontractors, co-branders, photographers, partners, sponsors, venues, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, upload, or transmit through the Site, your use of the Site, Bulletin Boards, and your connection to the Site and Newsletters. This also includes your violation of the Terms and Conditions, or your violation of the rights of any person or entity.

This agreement is effective until terminated by OC Fashion Week® at any time, with or without notice. In the event of termination, you are no longer authorized to access the Newsletters, Site, or Bulletin Boards. However, the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities, and limitations of liability set forth in this agreement, shall survive termination. Any use of OC Fashion Week®’s intellectual property must cease immediately upon termination of the agreement by either party.

If you are working for OC Fashion Week® in any capacity—whether for monetary compensation, other forms of compensation, or as a volunteer—OC Fashion Week® may terminate the relationship at any time, without justification, unless expressly incorporated in writing as part of this Agreement.

  

21. Termination and Conflict of Interest

This agreement is effective until terminated by OC Fashion Week® at any time, with or without notice. Upon termination, you are no longer authorized to access the Newsletters, Site, or Bulletin Boards, and all restrictions on material downloaded from the Newsletters and Site, as well as all disclaimers, indemnities, and limitations of liabilities set forth in this agreement, shall survive. Any and all use of OC Fashion Week®’s intellectual property must cease immediately upon termination of the agreement by either party.

Early Termination Fee:

OC Fashion Week® reserves the right to charge an early termination fee in the event that you drop out, fail to show up, do not perform at an event, or fail to sign a designer and/or sponsorship form as previously agreed upon by the parties. This fee shall reflect reasonable damages suffered by OC Fashion Week® as a result of the breach, including but not limited to the cost of lost revenue, disruption of production, or damage to equipment. 

Contractors, sponsors, and designers may also be subject to damage fees that include, but are not limited to,  any and all equipment failures or failure to perform contracted work. Additionally, OC Fashion Week® reserves the right to charge for site location fees, equipment rental fees, or damages due to loss of revenue caused by compromised work orders, equipment issues, theft, or production delays.

 

Conflict of Interest

 

1. No Current or Prior Conflict of Interest: 

The Contractor, Sponsor, and Designer represent and warrant that they have no business, professional, personal, or other interests—including the representation of other clients—that would conflict in any manner or degree with the performance of their obligations under this Agreement. Any such conflict must be disclosed prior to the commencement of any work or participation in OC Fashion Week® events.

 

2. Notice of Potential Conflict: 

If an actual or potential conflict of interest arises under this Agreement, the Contractor, Sponsor, or Designer must immediately notify OC Fashion Week® in writing. In cases where a conflict is identified, OC Fashion Week® reserves the right to terminate the Agreement immediately. All fees paid to OC Fashion Week® up to that point will be forfeited, and the Contractor, Sponsor, or Designer may be required to pay any and all outstanding payments to cover losses incurred as a result of the conflict, regardless of the outcome.

 

Cancellation/Refund Policy

No Refunds: 

Once a sponsor’s or designer’s commitment has been publicly announced—whether through social media, online mentions, advertising, promotions, press releases, news media, email blasts, or any digital or video content—no refunds will be made. This applies to any form of public mention or work performed by OC Fashion Week®.

 

a.) Delays or Prolongation of Shoots: 

Should a designer or sponsor delay, prolong, or request additional photoshoots beyond the agreed-upon scope, OC Fashion Week® reserves the right to invoice for these additional hours at the full hourly rate. Any unsanctioned delays or added work will incur a fee of $375 per quarter hour for additional labor.

 

b.) Photography Site Changes: 

  Any unannounced changes to the photoshoot location will incur a change fee of up to $500 unless previously negotiated in writing.

- c.) Unruly Conduct: 

   Any unruly conduct that compromises the venue, including violating venue rules or using park spaces without proper licenses or permissions, will result in fines of up to $5,000. This includes behavior that disrupts scheduled photoshoots, runway events, or modeling activities.

- d.) Noting Fraud and Errors: 

  OC Fashion Week® reserves the right to protect its accounts from errors and fraudulent electronic transfers for any online payments, including automated ACH payments. Any stop payment, check revocation, or other forms of payment fraud will result in the immediate balance being due, along with a 0.025% penalty of the entire sponsorship or registration fee. Failure to resolve these payments will result in the balance doubling and the penalty increasing accordingly.

e.) Booking Registered Models: 

   OC Fashion Week® reserves the right to charge a booking rate fee of **$275.00** to registered designers, sponsors, and/or clients for a minimum of 3 hours for any registered models. Sponsors and designers that book models directly with them outside of OC Fashion Week® events and promotional opportunities must obtain prior written approval from OC Fashion Week® to ensure proper payment processing.

Any designer, sponsor, or registered client who directly books a model after the official show day without informing or coordinating with OC Fashion Week® will be subject to a $5,000 fine. This fine applies if models are not paid directly by the designer, sponsor, or client in accordance with industry standards. Payment to models must be made no later than 30 days after services are rendered.

 

Termination for Material Conflict

If, in the reasonable judgment of OC Fashion Week®, any conflict of interest poses a material conflict to the performance of the Contractor, Sponsor, or Designer’s obligations—such as conflicts related to editorial printed press or other sponsorship matters—OC Fashion Week® may terminate this Agreement immediately by providing written notice. Upon receipt of the notice, termination will be effective immediately, and the Contractor, Sponsor, or Designer may be responsible for any and all related expenses or damages incurred as a result of the conflict.

Additional Clauses

Termination Fees and Forfeitures: 

Any breach or termination as outlined in this section may result in the forfeiture of all fees paid to OC Fashion Week®, in addition to the Contractor, Sponsor, or Designer being held responsible for covering any additional costs or damages resulting from the breach. This includes damages from loss of venue or equipment, revenue, or event postponement.

Damages: 

Contractors, Sponsors, and Designers will be held fully responsible for any financial injury caused by failure to comply with the terms of this agreement. This includes losses stemming from equipment damage, compromised work orders, non-performance, failure to pay models in accordance with set guidelines, and any other damages deemed applicable by OC Fashion Week®.

 

22. Modification of Terms and Conditions

Upon notice published on this Site, or any other form of communication deemed appropriate, OC Fashion Week® reserves the right to amend, revise, or modify these Terms and Conditions, or to impose new conditions regarding the use of this Site and related services, at any time. Your continued use of this Site and its services following the publication of such notices will be considered full and binding acceptance of the updated Terms and Conditions.

It is solely your responsibility to regularly review these Terms and Conditions to ensure that you remain informed of any changes. OC Fashion Week® will not be held liable for any failure to inform you of amendments beyond the public notice provided. Failure to review these terms does not constitute an exemption from compliance.

 

23. Modification of the Site and the OC Fashion Week® Event.

OC Fashion Week® reserves the exclusive right to modify, remove, alter, or update the Site, its contents, or any of the materials contained within it—including but not limited to OC Fashion Week® products and services—at any time without prior notice. This may include changes to the design, layout, functionality, and any policies or legal terms that govern the use of the Site and its associated features.

You are encouraged to periodically review the Site, its policies, and legal terms for updates or changes. By continuing to access or use the Site after such modifications, you agree to comply with the updated terms and conditions. OC Fashion Week® shall not be liable for any inconvenience or damage caused by the modification, removal, or alteration of services, products, materials, or site functionality. Your failure to review any changes to the Site does not exempt you from adherence to the modified terms.

 

24. Website Translation.

Our website’s language translation service utilizes automated software. While OC Fashion Week® has made reasonable efforts to provide accurate translations, no automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text of our website is the English version. Any discrepancies or differences created in the translation are not legally binding and have no legal effect for compliance or enforcement purposes. If any questions arise concerning the accuracy of the information presented by the translated version, please refer to the English version, which is the official and controlling version of the website.

25. Other.

This agreement constitutes the entire agreement between OC Fashion Week® and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

 

26. Media in the Form of Videos, Photography, Broadcast Television, and Streaming Rights

In exchange for consideration received, registered participants hereby grant OC Fashion Week® and Orange County Fashion Week® the right to use their name, photographic likeness, voice, and biographical material in all forms and media, including but not limited to video, photography, television, and streaming platforms (such as Amazon, Netflix, Hulu, or other broadcast, streaming, or online networks), for advertising, trade, promotion, or any other lawful purposes.

For Participating Guests on Broadcast Television Shows, Streaming Platforms, and Online Media, including Fashionista Now Boarding, Behind the Seams of OC Fashion Week®, HAUTEOC, the Making of a Fashion Capital, and Predictable Bitch and any OC Fashion Week LLC productions:

By participating, you agree to the following representations, warranties, acknowledgements, consents, and releases:

(a) Eligibility & Consent: By signing below, you represent, warrant, and agree that: 

• (i) You have read and agree to be bound by the eligibility requirements.

• (ii) You have completed this application honestly and accurately.

• (iii) If any information provided is found to be false or incomplete, this will result in your dismissal from the selection process and/or Program.

• (iv) Producer has no obligation to further contact you, interview you, or select you as a participant, even if eligibility requirements are met.

• (v) Producer has no obligation to conduct or produce the Program, and OC Fashion Week® has no obligation to exhibit it, even if produced.

• (vi) You agree to maintain strict confidentiality regarding any information acquired during the selection process or Program participation.

• (vii) All decisions by Producer concerning participant selection are final and not subject to challenge or appeal.

• (viii) Producer is not obligated to return any materials submitted by you, whether or not you are selected as a participant.

(b) Media Release: By submitting this application, you consent to the recording, use, and reuse by Producer, OC Fashion Week®, and any of the Released Parties of your voice, actions, likeness, name, appearance, and biographical material (“Likeness”) in any and all media now known or hereafter devised, worldwide in perpetuity, in connection with the Program or any other work. This includes editing, altering, or modifying your Likeness. You agree that the Released Parties own all rights, title, and interest, including copyrights, to any recordings or materials created in connection with your participation.

• Streaming and Broadcast Platforms: You acknowledge that your Likeness and materials may be used on streaming platforms such as Amazon, Netflix, Hulu, or other broadcast, streaming, or online networks. You agree to comply with all rules, regulations, and policies governed by these platforms. OC Fashion Week® and its producers are also bound by these platforms’ rules, and participants will adhere to any guidelines imposed by these platforms as part of the streaming or broadcast process.

• Music Consent: If you include or perform music (other than that supplied by Producer), you represent that you own all rights to the music and grant Producer the right to use it in connection with the Program. You agree that you are not entitled to royalties for the use of your voice, actions, likeness, music, or any other contributions.

• Promotional Use: The Released Parties may use your Likeness and Materials for promotion, publicity, marketing, or advertising purposes on any media platform, including but not limited to television, online media, and streaming platforms. You grant these rights only if you are selected to participate in the Program.

• Participant Selection Process: The selection process involves subjective decisions by Producer and OC Fashion Week® in their sole discretion. All decisions regarding participant selection are final and binding.

 

27. Confidentiality.

Whether or not you are selected to be a participant on the Program, you agree to keep strictly confidential and not disclose to any third party any information or materials that you may learn during your involvement in the Program. This includes, but is not limited to, any information related to:

• Producer or OC Fashion Week®,

• The business of Producer or OC Fashion Week®,

• The Program’s content, applicants, participants, locations, events, or outcomes, and

• Any information contained in this application or any other agreement or document you sign with Producer or OC Fashion Week®.

This confidentiality obligation shall remain in perpetuity unless terminated by OC Fashion Week® in writing. You do not have the right to terminate this obligation. Breach of confidentiality may result in disqualification from the Program or legal action.

Injunctive Relief: You acknowledge that a breach of this confidentiality agreement would cause irreparable harm to Producer and OC Fashion Week®, which cannot be adequately compensated through monetary damages. Therefore, Producer and OC Fashion Week® are entitled to injunctive relief to prevent and remedy any such breach.

 

28. Release and Agreement Not to Sue

To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my participation in or in connection with the Program, including, without limitation, the recording of my Likeness and Materials, my participation in the participant selection process of the Program, and any exploitation of the Program, my Likeness, or the Materials, under any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light, and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue the Released Parties as a result of the recording or use of my Likeness or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder.

 

The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of OC Fashion Week®, including but not limited to HAUTEOC, Fashionista Now Boarding, Behind the Seams, The Making of a Fashion Capital, Predictable Bitch, OC Fashion Week LLC, and any other licensees or assignees of the Program or Materials. This also includes other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors, and advertisers, as well as all directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, broadcasters, representatives, and members of each of the foregoing entities.

As used herein, Producer includes its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me to any person or entity.

RELEASE, AGREEMENT NOT TO SUE, AND INDEMNITY

To the maximum extent permitted by law, I (on behalf of myself, my heirs, executors, agents, broadcast producers, successors, or assigns) agree to release from liability, never sue, and bring no proceedings of any kind against Producer, Network, and/or any of their respective parents, subsidiaries, assignees, licensees, affiliated or related entities, or anyone associated with the Program (the “Released Parties”) for any claims, actions, damages, losses, costs, expenses, or causes of action whatsoever that relate to this Agreement, my participation in the Program, or the creation, use, or exhibition of the Materials, the Program, or the Promotions, on any legal theory (including, without limitation, failure to adequately compensate me, infliction of emotional distress, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Released Parties (collectively, the “Released Claims”).

I agree to defend and indemnify the Released Parties from any Released Claims and any breach or alleged breach by me of this Agreement. I shall be liable for any attorney fees and costs incurred by the Released Parties in connection with any claim or lawsuit I may bring in violation of this Agreement.

 

29. Choice of Law.

This application shall be interpreted under the internal, substantive laws of the State of California, without regard to conflicts of law provisions.

 

30. Electronic Signatures.

This Terms and Conditions agreement may be executed by original, facsimile, ticketed passenger boarding a vessel at the time of departure, or electronic signature. Any signed copy of this agreement delivered by facsimile or electronic transmission shall, for all purposes, be treated as if it had been delivered containing my original signature and shall be binding upon OC Fashion Week® in the same manner as though an original signed copy had been delivered.

 

31. Severability.

If any provision of this agreement is found to be illegal, invalid, or unenforceable, that provision shall be deemed severable from the remainder of the agreement, which shall remain valid and enforceable to the maximum extent permitted by law.

I have read, understand, and agree with the foregoing. I understand that I am giving up certain legal rights under this agreement, including, without limitation, my right to file a lawsuit in court with respect to any claim arising in connection with this Terms and Conditions agreement.

32. Photography and Filming Policy.

Photography and filming for events are only approved within OC Fashion Week®’s contracted event spaces. Guests may request permission for a shoot by submitting a Photo/Video Shoot Request online at the designated pressroom portal. Photography and film shoot requests are reviewed and considered on a case-by-case basis, with the highest priority focused on protecting guest privacy, avoiding disruption, and maintaining tranquility throughout the property.

The venue reserves the right to stop unapproved photography and filming. Guests who do not follow the venue’s film and photography policy may be asked to leave the property. Photographers, videographers, and media who violate the rules may be subjected to fines.

33. Indemnification and Non-Circumvention.

You agree to indemnify, defend, and hold harmless OC Fashion Week® and its affiliates, subsidiaries, officers, directors, agents, employees, sponsors, contractors, shareholders, and partners from and against any and all claims, liability, expenses, actions, costs, or damages (including without limitation reasonable attorneys’ fees, costs, and damages related to personal injury, death, or property damage) that arise from, are connected with, or relate to your use or occupancy of the venue or provision of alcoholic beverages at a special event, or occasioned wholly or in part by any act or omission of you or your officers, agents, contractors, employees, or event attendees.

Non-Circumvention: Independent Contractors hired as OC Fashion Week® staff agree not to do business with, or otherwise solicit any business contacts found or referred by OC Fashion Week®, for the purpose of circumventing OC Fashion Week® and preventing it from realizing a profit, fees, or other forms of compensation, without express written approval from OC Fashion Week®. If circumvention occurs, OC Fashion Week® shall be entitled to any commissions or fees due pursuant to this agreement or in connection with any such transaction.

 

34. DISPUTE RESOLUTION. 

(a) General: Please read this dispute resolution section carefully. It is part of your contract with OC Fashion Week® and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (“Arbitration Agreement”). All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by OC Fashion Week® that cannot be resolved informally or in small claims court in Orange County, California shall be resolved by binding arbitration on an individual and/or company basis.

(b) Notice Requirement and Informal Dispute Resolution: Before seeking arbitration, the initiating party must first send a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to OC Fashion Week® should be sent to: CSC - Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. If the dispute is not resolved within thirty (30) days, either party may begin arbitration proceedings.

 

(c) Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association (AAA) or an alternative ADR Provider agreed upon by the parties. The AAA Consumer Arbitration Rules governing arbitration are available online at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. For claims under $10,000, the option exists for binding non-appearance-based arbitration. Hearings will be held within 100 miles of OC Fashion Week®’s primary office unless otherwise agreed. 

(d) Additional Rules for Non-Appearance-Based Arbitration: Arbitration may be conducted by phone, online, or based solely on written submissions unless otherwise agreed by both parties. Personal appearances are not required.

(e) Time Limits: Arbitration must be initiated within the applicable statute of limitations.

(f) Authority of Arbitrator: The arbitrator shall have the authority to decide all rights and liabilities of the parties. The arbitrator’s award is binding and final. If the arbitrator grants an award greater than the last settlement offer, OC Fashion Week® will pay the greater of the award or $2,500.

(g) Waiver of Jury Trial: The parties waive their constitutional and statutory rights to trial by jury and agree to resolve disputes through arbitration.

(h) Waiver of Class or Consolidated Actions: All claims must be arbitrated on an individual basis and not as part of a class or consolidated action. 

(i) Confidentiality: All aspects of arbitration, including the award, shall remain confidential.

(j) Severability: If any part of this Arbitration Agreement is deemed unenforceable, the remainder shall remain in full effect.

(k) Right to Waive: Any rights under this Arbitration Agreement may be waived by the party against whom the claim is asserted.

(l) Survival of Agreement: This Arbitration Agreement survives termination of your relationship with OC Fashion Week®.

(m) Small Claims Court: Either party may pursue individual actions in small claims court.

(n) Emergency Equitable Relief: Either party may seek emergency equitable relief in a court to maintain the status quo pending arbitration.

(o) Claims Not Subject to Arbitration: Claims related to defamation, violation of the Computer Fraud and Abuse Act, and intellectual property infringement are not subject to this Arbitration Agreement.

(p) Courts: For matters not subject to arbitration, parties agree to the jurisdiction of courts in Orange County, California.

 

35. Assets.

By downloading OC Fashion Week®’s assets, you agree to the terms of the Asset Agreement. Use of assets must strictly adhere to the terms, including proper usage for OC Fashion Week® promotion and adherence to Brand Identity Guidelines. Alteration, misuse, or expiration of assets may result in termination of rights and liability for fees or damages.

 

36. Refund Policy for Sponsors and Collaborators.

Sponsors or collaborators who make in-kind or cash donations will not be entitled to refunds. No guarantees of success, profitability, or accuracy have been made. All proceeds are procured under the best efforts clause, and refunds will not be issued under any circumstances.

 

37. Late Fees and Payment Penalties.

Sponsors or designers must pay balances by the last day of OC Fashion Week®. Interest penalties may apply at 1.8% daily for late payments until the balance is paid in full.

 

38. Legally Binding Forms.

Forms submitted by sponsors and designers are legally binding and enforceable under the principles of equity and fairness. Online registrations and receipts will confirm mutual consent.

 

39. Contract Formation.

Designers and sponsors who register via the OC Fashion Week® website are bound by the terms of the registration agreement upon receipt of the payment confirmation.

 

40. Delivery & Collection of Exhibited Pieces.

The client is responsible for the timely delivery and collection of their garments. Late deliveries may result in missed show participation, with no entitlement to refunds. Clients must provide suitable packaging for the return of garments.

 

41. Show Format.

Runway shows feature multiple designers, with clients grouped based on profiles. The format and schedule are determined by the OC Fashion Week® Producer. Refunds will not be issued for creative differences regarding model selection, videography, styling, or choreography.

 

42. Backstage Operations.

Clients may participate backstage but must follow the direction of the Runway Director. Up to two assistants per eight looks are allowed backstage. All backstage personnel must be pre-approved and wear accreditation passes.

 

43. Designer Exchange Program.

OC Fashion Week® partners with Athens Xclusive Designers Week for designer exchange opportunities. Airfare and accommodation are the responsibility of the participating designer. Opting out will require compensation for any losses incurred.

 

44. Use of Participants’ Logos and Images.

OC Fashion Week® may use a client’s name, logo, and images for promotion without limitation, including online, in print, and for broadcast purposes. Participants consent to the use of their logos and images indefinitely to reflect prior participation.

 

45. Payment Terms.

Full payment is required to secure participation. Runway shows will not commence until payment is received. No refunds will be issued after registration, and sponsors are only allowed to display support during active event dates unless otherwise renewed.

46. Cancellation & Refund Policies.

All registration fees and payments are NON-REFUNDABLE. Cancellation or withdrawal from participation will result in a fine of up to $10,000 or the original registration fee, whichever is greater, plus a 15% penalty. Attempts to dispute these terms will not be entertained, and all payments are final. Digital signatures and IP tracking serve as evidence of acceptance, and the client waives any right to contest these terms.

 

47. FORCE MAJEURE.

OC Fashion Week®  ®  will not be liable or responsible for any delays in service, for failing to provide any services or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, reserves the right to cancel, suspend or vary the operation of our obligations to the client if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdowns, strikes, lock outs, riot, hostilities, acts or terrorism, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, natural disaster, war or acts of God or non-availability of material or suppliers or any event outside of OC Fashion Week®  ®’s control; and we shall not be held liable for any breach of contract or tort resulting from such an event.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

48. AMENDMENTS.

Where circumstances dictate, OC Fashion Week®  ® reserves the right to alter venues or production specifications without prior notice and without liability. OC Fashion Week®  ®  also reserves the right to cancel an event at any time without liability to clients and associates for their expenses that may have been incurred. In such circumstances clients will be offered, at the discretion of OC Fashion Week®  ® an alternative date, or a credit note.

 

49. WARRANTIES & LIABILITIES.

A runway exhibition involves the wearing and styling of clothes. OC Fashion Week®  ® will endeavor to take all reasonable steps to minimize impact to all garments featured on the runway and entrusted into the custody of OC Fashion Week®  ®. Any particular handling needs must be clearly specified to and agreed by OC Fashion Week®  ®. Please provide instructions for how each piece or garment should be worn. This will prevent avoidable damage or stress. OC Fashion Week®  ® is not responsible for damage occurring through normal use as a result of faults with the garment. Participants are required to provide for appropriate transport and shipping for their pieces. It is recommended that all pieces in transport are also covered by participant’s own travel or homeowner’s insurance.   OC Fashion Week®  ® is not liable for loss or damage that occurs as a result of transport and shipping.

OC Fashion Week®  ® will perform any services with reasonable skill and care. Except as otherwise provided in these Terms and Conditions, all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where goods or services are sold to a person dealing as a consumer, nothing in these Terms and Conditions shall affect his or her statutory rights.

For all events the total liability of OC Fashion Week®  ® under these Terms and Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to an amount equal to 100% of the sum of all fees paid by you to us due under these Terms and Conditions or, if higher, the amount available under any responding insurance policy.

Notwithstanding any provision to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall exclude or limit OC Fashion Week®  ®’s liability for death or personal injury caused by the OC Fashion Week®  ®’s negligence or for fraudulent misrepresentation or for any liability that may not be limited or excluded by law.

50. RUNWAY CONDUCT.

In the event of any runway misconduct or abuse including any use of substance, slander, libel, any verbal or written abuse, any defamation of the OC Fashion Week®  ® brand, it's owner, sponsors, contractors and /or students or any and all staff, OC Fashion Week®  ® will address each issue to the fullest extent of the law. OC Fashion Week®  ® reserves the right to impose up to a $500,000 fine for any misconduct or defamation of the brand in any way per occurrence.

 

51. CODE OF CONDUCT

Sexual harassment, abuse, vaping, illegal drug use,  and/ or assault are no part of the “creative process.” They’re against the law. No model or staff has to tolerate any sort of unwanted or inappropriate conduct. Instances of harassment, abuse, or any such sort of unwanted or inappropriate conduct is disallowed and a violation of the code of conduct. Any misconduct will not be tolerated and is subject to a penalty fine of up to $50,000.00. 

The Fair Employment and Housing Action (FEHA), expressly prohibits sexual harassment, while Title VII of the federal Civil Rights Act of 1964 makes discrimination on the basis of a person’s sex unlawful.

 

52.   Consent to Electronic Communications

By using the Digital Platforms, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 53.  HEALTH-RELATED MATERIAL

Any health-related Material residing on OCFASHIONWEEK ’s website describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. OCFASHIONWEEK  and its health-related SPONSORS, information and resources are not intended, and must not be taken, as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on OCFASHIONWEEK ’s website.

You understand and agree that in no event will OCFASHIONWEEK  be liable for any decision made or action taken in reliance on the information contained on, or accessible through, OCFASHIONWEEK ’s website. Reliance on any information provided by, or otherwise appearing on, OCFASHIONWEEK ’s website is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

 

54. WAIVER / RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

In consideration of being allowed to attend or be a part of OC Fashion Week®  , its venues, its website, its businesses or related event facilities the undersigned acknowledges, appreciates, and agrees that:

1. Use of Event facilities includes possible exposure to and risk of illness from infectious diseases including but not limited to COVID-19.  While rules and personal discipline may reduce this risk, the risk of serious illness and death does not exist.

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES or others, and assume full responsibility for use of the facilities. 

3. I willingly agree to comply with the stated and customary guidelines relating to the protection against infectious diseases while using the Facilities.  If I observe and any unusual or significant hazard during my presence or use of the Facilities, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4. I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE AND HOLD HARMLESS OC Fashion Week®  , LLC., its directors, officers, members, agents, owners, and employees, subcontractors, sponsors, and designers ("RELEASEES") with RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, OR loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND OC Fashion Week®   LLC. AND SIGN IT OF MY OWN FREE WILL.

 FOR PARTICIPATION OF MINORITY AGE AS A GUEST ATTENDEE  (UNDER AGE 18 AT TIME OF USE )

This is to certify that I, as a parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/ release to my child. / ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities.  I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releases and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child's / ward's presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.

 

55. LEGAL JUSRIDICTION.

The interpretations, construction, effect and enforceability of these Terms and Conditions and your use of the website shall be governed by U.S. law, and both parties agree to submit to the exclusive jurisdiction of the U.S. courts for the determination of all disputes arising between them held in the County of Orange, California.

 

56. ZERO TOLERANCE POLICY.

RACISM and/or Racial profiling prohibited. We reserve the right to fine $500,000.00 per incident for any racial profiling that may obscure the truth to provide advantage to another. Racial profiling is irrational, unjust, and is considered un-American. 

 

57. Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Designer, Sponsor aka as Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of theto occur or failure of one or more essential parties to theto show up in a timely manner, Client shall  provide notice to OCFASHIONWEEK LLC. as soon as possible via the Notice provisions detailed in this Agreement.

OCFASHIONWEEK LLC. has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for

OCFASHIONWEEK LLC. to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for

OCFASHIONWEEK LLC. to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if

OCFASHIONWEEK LLC. is able to secure another, unrelated client for TBD, then

OCFASHIONWEEK LLC. may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

 

 

58. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and the final, complete, and exclusive expression of the terms and conditions of their Agreement. Any and all prior agreements, representations, negotiations, and understandings made by the parties, oral and written, express or implied, are hereby superseded and merged herein. No provision of these Terms and Conditions may be amended, modified, waived, or discharged unless in writing, signed by both parties.

Authorized Payer Responsibility: The authorized payer (whether an individual, business, or third-party payer) shall remain fully responsible for the entire financial obligation under this Agreement, regardless of any changes in personal, business, or ownership status. This includes but is not limited to instances where:

1. Business Closure: If a sponsor or designer’s business ceases operations, files for bankruptcy, or otherwise dissolves, the authorized payer remains fully responsible for any outstanding balances or damages owed under the terms of this Agreement.

2. Divorce or Legal Separation: In the event of divorce or legal separation, the authorized payer listed at the time of registration is solely responsible for fulfilling all financial obligations under this Agreement, regardless of any personal circumstances or disputes that may arise.

3. Change of Ownership: Should the sponsor or designer’s business undergo a change in ownership, merger, or acquisition, the authorized payer remains liable for the full payment of all amounts due, unless otherwise agreed upon in writing with OC Fashion Week®.

4. Business Relocation: Relocation of a business does not relieve the authorized payer of their financial obligations. Any outstanding balances or fees remain the responsibility of the payer named in the Agreement, unless otherwise stipulated in writing.

Payment Authorization and Binding Agreement: By submitting payment information and completing the registration for services with OC Fashion Week®, the authorized payer confirms that they are fully responsible for the transaction. This includes acknowledging that the payment is final, non-refundable, and irrevocable. The authorized payer waives any rights to dispute or deny responsibility for payments under the terms outlined in this Agreement.

Digital Signature and IP Tracking: This Agreement is binding, and the submission of payment, alongside the collection of IP address data and the issuance of a contract registration number, serves as irrevocable consent to the terms herein. The authorized payer understands that this Agreement cannot be disputed based on the form of digital signature or method of registration. 

If you have any questions about OC Fashion Week®, this Website, Our Service, Privacy Policy, or Our Terms and Conditions, you may contact us at:

OC Fashion Week®, LLC.

Attn: General Counsel, ESQ

C/O ADVISORY BOARD

legal@ocfashionweek.com

14 Monarch Bay Plaza #301

Monarch Beach, CA 92629

1-949-287-2002

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

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