Terms & Conditions
This Designer’s Submission, Sponsorship Agreement, and Participant Agreement (“Agreement”) governs the terms and conditions between you (“Designer” or "Sponsor" or Participant “you”) and OC FASHION WEEK, a California LLC (“OCFW” "OCFWX" and/or "Producer") regarding your participation as a Designer, Sponsor or Participant on ocfashionweek.com and its associated mobile applications (collectively referred to as the “Platform”).
By clicking the “I Agree to OC FASHION WEEK's Terms of Service” box, by initiating any transaction, or by using any part of the Platform or accepting any of its services and/or accepting any event tickets you agree to be bound by the terms of this Agreement.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION TO RESOLVE ANY DISPUTES WITH the Company, Except for those Matters that may be taken to small-claims court.
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.
2. Intellectual Property Rights.
All materials available on the Site (the “Materials”) – including but not limited to text, video, data, clips, audio clips, designs, logos, illustrations and still images – are protected by copyright, trademark, database and other intellectual property and proprietary rights and must not be used for any purpose other than educational, informational and non-commercial viewing purposes.
You may download and print information from the Site for your own personal use only. The Materials contained in the Site are either owned by OC FASHION WEEK or have been licensed by the partners or sponsors of OC FASHION WEEK for inclusion within the Site. OC FASHION WEEK would like to hear from any intellectual property rights owners who are not properly identified on the Site so that we may make the necessary corrections and display the appropriate notices.
This Site contains material which may be unsuitable for people under the age of 18. The OC FASHION WEEK bears no responsibility for people under the age of 18 viewing unsuitable material on this Site.
This Site may contain material which some people may find offensive. OC FASHION WEEK would like to stress that it has no intention of causing any offense and suggests that people who find material contained on the Site offensive should either not view the material in question or should not visit the Site. OC FASHION WEEK bear no responsibility for any offense that may be caused by people viewing the Site.
OC FASHION WEEK makes no promise that the Site will meet your requirements or that the Site will be uninterrupted or error free. OC FASHION WEEK may discontinue and will modify and update the Site from time to time with or without notice to you and without liability to you or any third party. Due to the nature of the internet and the fact that your access to the Site involves features outside the OC FASHION WEEK ’s control, the OC FASHION WEEK is not responsible for technical problems you may experience with the Site. The Site is provided by OC FASHION WEEK without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
You understand and agree that OC FASHION WEEK does not guarantee the accuracy or completeness of any information in or provided in connection with the Site. OC FASHION WEEK is not responsible for the results obtained from the use of such information from the Site.
To the full extent allowed by applicable law, you agree that OC FASHION WEEK will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Site.
Nothing in these Terms and Conditions shall exclude OC FASHION WEEK ’s liability for personal injury or death caused by its negligence. As a convenience to users of the Site, the Site includes links to other web sites or material which are beyond its control. OC FASHION WEEK is not responsible for content on the Internet or World Wide Web pages outside the Site.
A user's registration or use of the OCFASHIONWEEK site is bound by the terms and conditions of the OCFASHIONWEEK site.
When you register with OCFASHIONWEEK, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You agree to accept responsibility for any and all activities or actions that occur under your registration, whether you are with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of any properties and/or domains.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “OCFASHIONWEEK Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
OCFASHIONWEEK NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agents with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., 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 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com.
OC FASHION WEEK reserves all rights under copyright, including without limitation rights to photographs. No permission to copy or publish any portion of this Website or any material posted on the Website is granted without the express written permission
To become a Designer, you must be at least 18 years of age and establish a OC FASHION WEEK Registration account.
5. INTELLECTUAL PROPERTY.
The Service and its original content, features and functionality are and will remain the exclusive property of OC FASHION WEEK and its licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OC FASHION WEEK.
For all Designs and Content submitted to the Platform, you represent and warrant as follows:
- Proprietary Rights: You represent and warrant that you have all right, title, license and authority to upload, submit, post, copy display, perform, create derivative works from distribute, transmit and sublicense the Designs and Content, including the right to publish and distribute by electronic and digital means.
- Non-Infringing: You represent and warrant that the Designs and Content do not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights, or (ii) violate any statute, law, ordinance or regulation.
6. Accreditation & Promotional Licenses.
If Designer elects to upload Content that includes Designer’s individual name, signature, company name, logo and/or relevant trademarks (“Properties”) you grant to OC FASHION WEEK aka OC FASHION WEEK a royalty-free, non-exclusive, unrestricted right and license to use the Properties to market and promote Designer, the Products, OC FASHION WEEK aka OC FASHION WEEK and/or the Platform. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish, display and sublicense the Properties as incorporated into OC FASHION WEEK aka OC FASHION WEEK’s Products and marketing and promotional materials. OC FASHION WEEK aka OC FASHION WEEK’s permission and license to use the Properties shall expire upon termination of all of the Designs and Content licenses granted herein.
California, U.S. law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of California shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and for those purposes irrevocably submit all disputes to the jurisdiction of the California courts. The place of performance shall be California.
OC FASHION WEEK makes no warranty or guarantee that the Site or information available over it complies with laws other than those of California, United States.
Legal Information and Notices
8. Acceptance of Terms.
Please read the following information carefully before accessing our Web site. BY ENTERING THE SITE AND/OR MAKING A REGISTRATION YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TERMS AND CONDITIONS”) AND AS SUCH TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME. If you do not agree with all of the provisions of these Terms and Conditions, please do not enter or use the Site. The Terms and Conditions are intended for your safety and ease of use. If you encounter another user who is not abiding by these Terms and Conditions, please contact us. The “Site” consists of the Web site and related properties of OC FASHION WEEK linked to this Web site. In addition, when using particular services on the Site or provided by OC FASHION WEEK, you and OC FASHION WEEK shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
9. Service Mark Information.
The service marks OC Fashion Week, Orange County Fashion Week, the Official Fashion Week of Orange County, Fashionista Now Boarding, Behind the Seams, OC FASHION WEEK, OC FASHION, OCFWX, OC FASHION WEEK Traveler and other similar terms are owned by OC FASHION WEEK under federal and California state laws. Other OC FASHION WEEK products or service names or logos referenced in the OC FASHION WEEK Site are either service marks or registered service marks of OC FASHION WEEK . The absence of a product or service name or logo from this list does not constitute a waiver of OC FASHION WEEK service mark or other intellectual property rights concerning the name or logo. All other products and company names mentioned in the c/o OC FASHION WEEK Site may be service marks of their respective owners. Use of any of such service marks for commercial purposes without the prior written consent of OC FASHION WEEK may constitute service mark infringement and unfair competition in violation of federal and state laws. Use of any other OC FASHION WEEK service marks in commerce may be prohibited by law except by express license from OC FASHION WEEK. Any license granted may be revoked at any time, and licensee's use of such service marks must then stop immediately. Any collaborative effort, license or other agreement does NOT transfer any ownership rights in the above mentioned service marks or any other intellectual property owned by OC FASHION WEEK, and in no way transfers the goodwill in these intellectual property rights. Licensed use of OC FASHION WEEK service marks is limited to the agreed upon use, and any additional uses are unauthorized and prohibited.
10. Ownership of Materials.
The information contained in this Site is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of OC FASHION WEEK . The images from this Site may not be reproduced in any form without the prior advance written consent of OC FASHION WEEK . The Site is owned and operated by OC FASHION WEEK and contains material (the “Content”) which is derived in whole or in part from OC FASHION WEEK and other sources and is protected by international copyright and other intellectual property laws. Under no circumstances may the Content be modified, reproduced, recorded, displayed, performed, published or distributed, either in whole or in part, nor may derivative works be made therefrom. Use, reproduction, copying or redistributing of OC FASHION WEEK 's trademarks is strictly prohibited unless consented to in writing by OC FASHION WEEK. All rights not otherwise granted are strictly reserved.
11. Registration Information: Your Use of The Service.
You warrant and agree that, while using Our Services, You will not do any of the following:
- impersonate any other person or entity
- submit any information pertaining to a third party without that party’s understanding and express consent
- submit false or misleading information
- exploit Our Services for any commercial reason, including predatory litigation
- engage in any activity prohibited under the CAN-SPAM Act
- engage in any criminal or otherwise unlawful behavior
- commit any action which could give rise to civil liability
- restrict others from making use of Our Services
- upload or attempt to upload any computer virus, malicious computer code, file program, or any other digital property
- commit any action that interferes with, blocks, or otherwise harms Our Services
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information concerning the reservations that you make. After making your reservation, you may receive reservation confirmations or be contacted about a reservation at the e-mail, fax or mailing address that you provide to us. You may also receive occasional OC FASHION WEEK communications (“Communications”), about our service offerings for the event(s) that you make reservations for. If in the future you no longer desire to receive Communications, you may e-mail our webmaster requesting that you not be contacted in the future.
12. Customer Submissions.
OC FASHION WEEK appreciates hearing from its customers. By submitting content, creative ideas, inventions, suggestions, comments or materials, posting messages, uploading files, inputting data and registration information or engaging in any other form of communication on the Site or through services on the Site (“registration”), you agree that said materials will automatically become the property of OC FASHION WEEK , unless otherwise stated in writing, without compensation to you and OC FASHION WEEK can use the material for any purpose and in any way.
Any material submitted to OC FASHION WEEK for posting must include the consent of the OCFASHIONWEEK or owner of the rights to the material submitted and credits. By submitting material for posting, you agree to provide consent for OC FASHION WEEK to post, film, televise, digitally feature online or otherwise make use of the material on this Site at its own discretion, including minor editing of the material to fit it to the Site’s layout and design.
13. Member Conduct.
The Site may include bulletin boards and chat rooms (Bulletin Boards”) which allow feedback to OC FASHION WEEK and interaction between users of the Site or OC FASHION WEEK products. OC FASHION WEEK does not control and has no obligation to monitor the messages, information or files delivered to Bulletin Boards or any similar area of the site. As a condition of our use of the Site, including, without limitation, the use of Bulletin Boards, you may not:
a) Restrict or inhibit any other user from using and enjoying the Bulletin Boards or the Site;
b) Post, e-mail, upload or transmit on the Bulletin Boards or the Site any unlawful, threatening, abusive, libelous, slander, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
c) Post, e-mail, upload or transmit any information, software or other material which (i) violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or (ii) contains a virus or other harmful component;
d) Post, e-mail, upload or transmit any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except as specifically permitted in writing by OC FASHION WEEK ;
e) Impersonate any person or entity, including but not limited to, a OC FASHION WEEK employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) Stalk, verbally abuse, bully, threaten or otherwise harass any other person;
g) Collect or store personal data about other users; or
h) Post, e-mail, upload or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
i) Links to the Website: You may not establish a hypertext “link” to the Site and/or distribute, modify or re-use the text or graphics of the Site unless You obtain prior express written permission from OC Fashion Week® allowing You to do so.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and OC FASHION WEEK reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites and Applications. In the case of inappropriate use, OC FASHION WEEK or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Websites or Applications or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on a Website or Application’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or Application or restrict or inhibit any other user from using and enjoying the Communication Service or the Website or Application.
4. Use any Website or Application for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites or Applications in any manner.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
10. Use any Website or Application to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
13. Engage in any other action that, in the judgment of OC FASHION WEEK, exposes it or any third party to potential liability or detriment of any type.
OC FASHION WEEK reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in OC FASHION WEEK ’s sole discretion are objectionable or in violation of these Terms and Conditions.
14. CONTRACT OF CARRIAGE.
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 in: Transportation of Passengers and Equipment provided by OC FASHION WEEK, are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any 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 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.
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 or this Cruise and/or 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 and, except as noted in Section 15(B)(ii) below, 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, Electra Cruises the yacht 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.
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 following terms and conditions, 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. By purchasing a Ticket or accepting transportation, the Passenger agrees to be bound by all of the following terms and conditions. (2) 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. (3) Applicable terms and conditions are those in effect as of the date a Passenger commences travel on a given itinerary. In the event these conditions of Carriage are amended after a Ticket is purchased but prior to commencement of travel in a way that substantially affects the terms and conditions of a Passenger’s Carriage.
"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.
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 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 Nontransferable. Tickets, and any travel credit issued for unused Tickets, are nontransferable 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.
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 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. INJURIES. The Contractor acknowledges the Contractor's obligation to obtain appropriate insurance coverage for the benefit of the Contractor (and the Contractor's employees, if any). The Contractor waives any rights to recovery from the Recipient for any injuries that the Contractor (and/or Contractor's employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor or the Contractor's employees. Contractor will provide the Recipient with a certificate naming the Recipient as an additional insured party.
17. Third-Party Sites.
In this site, OC FASHION WEEK may provide links to Web sites owned and operated by others which OC FASHION WEEK believes will be of interest to Site visitors. In addition, links to this Site may be provided from other sites (with or without OC FASHION WEEK ’s knowledge). OC FASHION WEEK is not responsible for and exerts no control over any Web site that is linked to or from this Site and, as a result, OC FASHION WEEK disclaims any and all responsibility or liability arising from or related to such third party Web sites. That this Site is linked to or from another Web site, does not imply that OC FASHION WEEK sponsors, licenses, endorses, is affiliated with or is otherwise connected with the Web site, the products or services described or provided therein or the entities that own and operate such Web sites.
18. No Warranties.
OC FASHION WEEK INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE OC FASHION WEEK WEBSITE TO BE ACCURATE AND RELIABLE. HOWEVER, SINCE THE INFORMATION AND DATA HAVE BEEN COMPILED BY OC FASHION WEEK FROM A VARIETY OF SOURCES, IT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND 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 IN THE SITE. OC FASHION WEEK MAKES NO WARRANTY OF ANY KIND 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 IN THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. OC FASHION WEEK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTERS OR ANY TRANSACTIONS ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE SITE OR THE NEWSLETTERS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
OC FASHION WEEK AND/OR ITS AGENTS ACT ONLY IN THE CAPACITY AS AGENTS FOR YOU IN ALL MATTERS PERTAINING TO HOTEL ACCOMMODATIONS AND VENUE SITE LOCATIONS. OC FASHION WEEK IS NOT RESPONSIBLE FOR ANY DAMAGE, MERCHANDISE, EXPENSE, INJURY OR INCONVENIENCE TO ANY PERSON OR PROPERTY CAUSED BY LATE ARRIVALS, DEPARTURES, ABSENCE, OR CHANGE OF SCHEDULE FROM ANY CAUSE WHATSOEVER. BAGGAGE HANDLING THROUGHOUT IS ENTIRELY AT YOUR RISK. YOU AGREE THAT OC FASHION WEEK SHALL NOT BE HELD RESPONSIBLE IN THE EVENT OF ANY ERRORS OR OMISSIONS IN ANY 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, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE NEWSLETTERS IS AT YOUR OWN DISCRETION AND RISK AND THAT 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 TRAVEL PLANNERS OR THROUGH OR FROM THE SITE, BULLETIN BOARDS OR NEWSLETTERS SHALL CREATE ANY WARRANTY.
ROI DISCLAIMER: I understand that the goal of OC FASHION WEEK is to be a community lamplighter to support emerging talent and local and international businesses
With a goal of providing charities another fundraising outlet as well and working with 501c’3s. We do not at any time promise ROI because we do not own, govern or pioneer or control any other brand or product except our own, and we are not responsible for the training of sales associates through our staff and cannot guarantee the quality of a product and/or service being promoted at OC Fashion Week®. Therefore it is not our duty to deliver ROI because we are not employees of any company that are represented as a sponsor, designer and/or any other party in that way. Our goal is to promote and expose to shoppers, what companies do to make them purchasers is exclusively the responsibility of that company and the staff they employ, train and other wise train to sell their product and/or the service they stand behind and deliver. We are also not responsible for companies that forfeit or no show for their own program, we cannot force any company to participate after they have paid we only provide the amenities offered to them and they are solely responsible for seeing out the execution of their part of the role a no show would be considered a non refundable forfeit.
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 OR (ii) EVENT ACTIVITIES AT VENUES INCLUDING ANY AND ALL FASHION SHOWS OR (iii) THE MATERIALS OR INFORMATION IN THE SITE AND/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 OF 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 IN THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE MATERIALS AND INFORMATION IN THE SITE.
You agree to indemnify and hold OC FASHION WEEK and its subsidiaries, affiliates, officers, agents, subcontractors, co-branders, photographers or other partners, sponsors 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 to, upload or transmit through the Site, your use of the Site, Bulletin Boards and your connection to the Site and Newsletters, your violation of the Terms and Conditions, or your violations 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 or the Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive. 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 or any other form of compensation or as a volunteer, OC FASHION WEEK may terminate the relationship at any time without justification, unless other written terms are expressly incorporated as part of this Agreement.
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 or the Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive. Any use of OC FASHION WEEK 's intellectual property must cease immediately upon termination of the agreement by either party.
OC FASHION WEEK shall have the right to charge an early termination fee if you drop out of or do not show up or perform at an event, or do not sign a designer and/or sponsorship form as previously agreed upon by the parties. This fee shall include reasonable damages suffered by OC FASHION WEEK as a result of your breach, and is not a penalty. OC FASHION WEEK reserves the right to charge site location fees and equipment rental fees.
Conflict of Interest. If Sponsor, Designer and /or Contractor represents and warrants the following:
No Current or Prior Conflict of Interest. That Contractor has no business, professional, personal, or other interest, including, but not limited to, the representation of other clients, that would conflict in any manner or degree with the performance of its obligations under this Agreement.
Notice of Potential Conflict. If any such actual or potential conflict of interest arises under this Agreement, Sponsor, Designer and/or Contractor shall immediately inform the Company in writing of such conflict. All fees will be forfeited.
Termination for Material Conflict. If, in the reasonable judgment of the Company, such conflict poses a material conflict to and with the performance of Sponsor, Designer and /or Contractor's obligations under this Agreement, then OC FASHION WEEK may terminate the Agreement immediately upon written notice to Sponsor, Designer and/or Contractor; such termination of the Agreement shall be effective upon the receipt of such notice by Contractor.
22. Modification of Terms and Conditions.
Upon notice published on this Site, or such other notice as may be given, OC FASHION WEEK may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice, shall be deemed to constitute acceptance of the new Terms and Conditions.
23. Modification of the Site and the OC Fashion Week Event.
OC FASHION WEEK reserves the right to modify the Site modify or remove the Materials contained therein or made available thereon (including the OC FASHION WEEK products) and modify the policies and legal terms and conditions that govern the use of the Site at any time without warning. We encourage you to review the Site and its policies and legal terms and conditions periodically for updates or changes. By continuing to access or use this Site you shall be deemed to have agreed to any such updates or changes.
24. Website Translation.
Our website language translation service utilizes language translation software. We’ve made reasonable efforts in order to provide accurate translations, however, no automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text of our websites is the English version. Any discrepancies or differences created in the translation are not 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 of the website, please refer to the English version of the website, which is the official version.
This agreement constitutes the entire agreement between OC FASHION WEEK and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and 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 or conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles are for convenience only and have no legal or contractual effect.
26. Media in the form of Videos, Photography, and/or Television or Social Networking: In exchange for consideration received, registered participants hereby give permission to OC FASHION WEEK and Orange County Fashion Week to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes.
FOR PARTICIPATING GUESTS ON BROADCAST TELEVISION SHOWS FASHIONISTA NOW BOARDING AKA BEHIND THE SEAMS OF OC FASHION WEEK (PROGRAM)
You hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program contest (if any), if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and OC FASHION WEEK has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant.
(b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, OC FASHION WEEK, and any of the Released Parties of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Released Parties or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, I am NOT entitled claims to royalties of any kind, whether accruing now or in the future, from Producer and OC FASHION WEEK for the use of any such music, my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement with my approval. I grant the rights hereunder only if I am selected to participate in the Program.
I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and OC FASHION WEEK in their sole discretion. I understand that the participant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, OC FASHION WEEK, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
I further acknowledge and agree that Producer reserves the right to consider and select participants who are not able to attend an open casting call and that Producer shall have sole discretion and control over every aspect of selecting participants, and Producer’s decisions on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal.
27. Confidentiality. Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or OC FASHION WEEK: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to OC FASHION WEEK, the business of Producer or OC FASHION WEEK., any program produced by Producer or exhibited by OC FASHION WEEK, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer or OC FASHION WEEK. at any time (collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by OC FASHION WEEK. by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer or OC FASHION WEEK. result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and OC FASHION WEEK. irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and OC FASHION WEEK shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me.
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 the Materials, my participation in the participant selection process of the Program, and any exploitation of the Program, my Likeness or the Materials, on 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, FASHIONISTA NOW BOARDING, BEHINDTHESEAMS, any other licensees or assignees of the Program or the Materials, the 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 of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, broadcasters, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
As used herein, “Producer” shall include Producer, 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 under this application to any person or entity.
RELEASE, AGREEMENT NOT TO SUE AND INDEMNITY. To the maximum extent permitted by law, I (on behalf of myself and my heirs, executors, agents, 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 in any way relate to this Agreement, my participation in the production of 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 will defend and indemnify the Released Parties from any Released Claims and any breach or alleged breach by me (including breaches by me) relating to 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 the conflicts of law provisions thereof.
30. Electronic Signatures. This terms and conditions application may be executed by original, facsimile, a ticketed passenger boarding a vessel at time of departure or electronic signature. Any signed copy of this application 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 me in the same manner as though an original signed copy had been delivered.
31. Severability: The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application which shall be enforced 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 application, including, without limitation, my right to file a lawsuit in court with respect to any claim arising in connection with this terms and conditions application.
32. Photography: Filming and photography for events are only approved inside of Orange County Fashion Week's contracted event spaces. Guests may request permission for a shoot by submitting a Photo/Video Shoot Request online at pelicanhill.com/pressroom. Photography and film shoot requests are reviewed and considered on a case-by-case basis, with the highest priority always focused on protecting guest privacy, avoiding guest disruption and maintaining tranquility throughout the property. The Resort will stop unapproved photography and film shoots on property. Guests who do not follow The Resort’s film and photography policy may be asked to leave the property.
Any photographers, videographer and/or media that any photo or film in violations of the rules above may be subjected to fines.
33. Registrant agrees to indemnify, defend and hold harmless OC Fashion Week. and its affiliates, subsidiaries, officers, directors, agents, employees, sponsors, contractors, shareholders, and OC FASHION WEEK from and against any and all claims, liability, expense, actions, cost or damage (including without limitation reasonable attorneys’ fees and costs, and damages consisting of or related to personal injury, death or property damage) that arise from, are connected with or in any way relate to the Registrant’s use or occupancy of the Venue or the provision of alcoholic beverages to any attendees at a Special Event, or occasioned wholly or in part by any act or omission of Registrant or its officers, agents, contractors, employees or Special Event attendees. Independent Contractors hired as OC Fashion Week staff will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by OC FASHION WEEK to Recipient for the purpose of circumventing, the result of which shall be to prevent the OC FASHION WEEK from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the OC FASHION WEEK. If such circumvention shall occur the OC FASHION WEEK shall be entitled to any commissions due pursuant to this Agreement or relating to 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 The small claims court of Orange County, California shall be resolved by binding arbitration on an individual and/or company.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the OC Fashion Week should be sent to: CSC - Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. After the Notice is received, you and OC Fashion Week may attempt to resolve the claim or dispute informally. If you and OC Fashion Week do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of the primary office of the OC Fashion Week, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that OC Fashion Week made to you prior to the initiation of arbitration, OC Fashion Week will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or OC Fashion Week pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and OC Fashion Week, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and OC Fashion Week.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and OC Fashion Week in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND OC FASHION WEEK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with OC Fashion Week.
(m) Small Claims Court. Notwithstanding the foregoing, either you or OC Fashion Week may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Orange County, California, for such purpose.
By downloading the OC Fashion Week Asset, you signify your assent to the terms of this Asset Agreement and the applicable Asset Detail. If you do not agree to the terms of this Asset Agreement, you should exit this web page without downloading the Asset. We reserve the right, in our sole discretion, to change, modify, delete, or otherwise alter portions of these terms at any time. Any such change, modification, deletion, or alteration shall be effective immediately upon posting the same on the Website.
• To use the Asset only in an advertisement or promotion that specifically promotes or identifies OC Fashion Week, destination management services; the Asset must not be used to advertise “destination management” in general or another dmc;
• To use the Asset in strict conformance with the applicable Asset Detail, including but not limited to the Asset expiration date and Brand Identity Guidelines of OC Fashion Week;
• To not use the Asset after the Asset expiration date. You understand and agree that you are solely responsible for your use of an Asset after it expires, including but not limited to paying any fees or residuals due to the talent, photographer, videographer and/or owner of the Asset and its components. OC Fashion Week is not responsible in any manner whatsoever for your use of an Asset after the expiration date;
• To not use the Asset to imply that OC Fashion Week has sponsored, endorsed or is affiliated with your company, internet site or any third party, without obtaining the prior written permission of OC Fashion Week;
• To not alter or modify the Asset in any way, including but not limited to, altering the proportions, colors, voiceovers, text, or animating or morphing the Assets, or otherwise changing the Asset’s appearance in any way; and
• To not use the Asset in any way that disparages, in OC Fashion Week, sole discretion, OC Fashion Week, its affiliates or respective products or services.
OC Fashion Week, may, in its sole discretion, terminate your right to use an Asset at any time for any reason without notice. The Company may take action against any use of the Asset that does not conform to these requirements or that may infringe any right held by OC Fashion Week, and may actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.
The Company reserves the right to contact you at anytime to verify the proper usage of any and all assets.
36. Under no circumstances will sponsors or collaborators who have made an in-kind or cash donation or any other form of payment or consideration have a right to a partial or full refund of consideration given. Sponsors and collaborators understand and agree that no guarantee of success, profitability, or accuracy of any matter related to the Site has been given or implied, and that all proceeds and other consideration have been provided with this understanding.
37. Avoid paying late fees: Your due date the last day of Orange County Fashion Week. We will not charge you any interest on sponsorship or designer registration fees if you pay your entire balance by the due date OC Fashion Week. Penalty fees incur incrementally by 23.99% daily or until paid in full.
38. Sponsor and / or Designer forms are legally binding under reasonable, equitable, conscionable terms and in good faith with witnesses of which is enforceable based on mutual consent of sponsor and /or designer valid with offer and acceptance.
39. CONTRACT FORMATION. Designers and sponsors that register online registration at OCFashionWeek.com will receive a receipt both are bound by the terms of this agreement.
40. DELIVERY & COLLECTION OF PIECES TO BE EXHIBITED.
The client is responsible for arranging delivery of their collection to the designated delivery location in each city they are showing in California. Delivery is typically required between 9am and 5pm seven business days prior to the runway show date subject. Delivery instructions and the designated delivery address will be provided by OC Fashion Week®. If the collection is delivered late then OC Fashion Week® will feature the collection on the show day but cannot guarantee to be able to do so. The client is not entitled to a refund in case of cancellations due to delivery delays.
The client is responsible for arranging collection of their garments immediately following the runway show. If neither the client nor a representative is attending the show then the client is responsible for arranging a courier to collect the garments. The details regarding courier collection must be agreed with the OC Fashion Week® Producer.
If using a courier then the client is responsible for providing suitable return packaging including labelling and required courier paperwork. OC Fashion Week® is unable to hold or be responsible for garments beyond the runway show date. The client is to deliver the garments (1) in garment bags, (2) with appropriate hangers, (3) with dressing instructions (template provided), (4) with a complete inventory list (5) in a suitcase or box with a clear exterior label identifying the client. The client will be provided with packaging guidelines. DHL (www.dhl.com) and World.net International (www.worldnet-intl.com) are our recommended couriers. Clients are welcome to use any courier of their choosing.
41. SHOW FORMAT.
A typical OC Fashion Week® runway show will feature 8-36 looks from 6-10 designers. Each client will show their featured collection, one look at a time, which will conclude with a loop finale looks from that specific client. The client, or their representative, will appear on the runway at the end of their section. Where there are multiple runway shows in the same day clients will be grouped into shows alongside designers of a similar profile. The exact runway show format and schedule for a particular city is determined by the OC Fashion Week® Producer once all clients have been confirmed.
42. BACKSTAGE OPERATION.
The client has the option to either participate backstage or to attend and watch the show as a guest. The client is welcome to participate backstage but must not interfere with the show's schedule as timing is of utmost importance, any dressing delays may result in fines refer to your designated project manager for questions.
The backstage area is restricted and access is regulated. The client is welcome to have up to 2x assistants to assist backstage per 8x looks. The name, email address, headshot and phone number of each assistant is to be sent to the Runway Producer one month prior to the show for backstage access approval with online registration under the "volunteer" section of the on the career page on the bottom of the OC Fashion Week® registration link online. All backstage personnel are required to wear visible backstage accreditation passes at all times and dress code is in black and black flat shoes.
It is in the interests of OC Fashion Week® to exhibit pieces as the designer intended them to be exhibited and the Runway Producer will make every effort to accommodate requests. Creative decision and mood board making authority regarding the runway show including model selection, hair styling, make up and choreography remains with the OC Fashion Week® runway team however designers are offered to provide their mood boards to hair and makeup teams to and recommended models for their looks.
The exception to this is if the client has opted for Exclusive Models where the client will be able to select the model and style make-up and hair to their preference. All personnel backstage including the client will be subject to the direction of the Runway Director. *Refunds will not be offered for creative differences. This includes, but is not limited to model selection, donated photography direction, videography editing, runway order or styling. All entries are non-refundable due to the seasonal event and labor costs incurred at time of signing and schedule of production works.
OC Fashion Week® makes every effort to accommodate accredited industry guests at each show. Runway show space is limited. Please note that personal or independent photographers or videographers will not be accredited for access to either the runway show or backstage. Photography and videography licenses will only be granted to OC Fashion Week® approved professionals and accredited press.
43. DESIGNER PROGRAM
OC FASHION WEEK partners Athens Xclusive Designers Week operates a Fashion Designer Exchange Platform, addressed to emerging Greek and international fashion designers, facilitating their participation in foreign fashion weeks, and exchanging a fashion show Participation Package waiving the participation fee. In this context, every season Athens Xclusive Designers Week hosts the fashion show of one foreign fashion designer and in exchange, a Greek fashion designer participates at the corresponding foreign Fashion Week.
OC FASHION WEEK may nominate a designer to appear at Athens Xclusive Designers Week in exchange for a designer nominated from their organization, in the context of the Fashion Designer Exchange Platform operated by the Athens Xclusive Designers Week. If the nominee accepts the program, and all terms and conditions apply.
The Nominee accepts that airfare and accommodation coverage of the Fashion Designer are not included within the obligations of the Athens Xclusive Designers Week or OC Fashion Week. The Fashion Designer is responsible for providing for his/her own expenses during his/her stay in Athens.
If a nominee decides to opt out of and terminate his/her this agreement, the nominee agrees to compensate the other party fairly for any loss incurred to date of termination notice. All terms and conditions herein will apply.
44. USE OF PARTICIPANTS LOGO AND IMAGES.
The client consents to being photographed at the show, to filming and sound recording of the show and consents to the use of such, photographs and/or recordings in any marketing or promotional materials in connection with the show, on the show website and in any broadcast or publication in any territory in the world.
OC Fashion Week® will be permitted to use a client’s name, logo and images provided for the purpose of promoting the client, OC Fashion Week® and the runway show they will be featuring in without limitation.
OC Fashion Week® will be permitted to use a participant’s name, logo, and provided images indefinitely for the purpose of reflecting previous participation in OC Fashion Week®. OC Fashion Week® will be permitted to use a participant’s name, logo, and provided images in materials including but not limited to promotional videos, websites, blogs, brochures, emails and catalogues.
45. PAYMENT TERMS.
Upon submitting the registration form, all sponsorships are activated upon approval by OC Fashion Week®. Runway Work will not commence, and the designers’s runway show is not secure, until payment has been received in advance. Full Payment can be made either by card payment online. Upon receiving payment the client will be issued a receipt and work will commence based on agreed terms of promotional campaigns. Sponsorships will only pertain to dates leading up to the end of each season unless honored and approved by the OC Fashion Council, exhibitors are allowed to display sponsorship support during the active OC Fashion Week days.
46. CANCELLATION & REFUND POLICIES.
The following cancellation terms apply: All registration and payment entries are NON-REFUNDABLE due to the nature of these seasonal events. Any drop out cancellation is subject to mandatory fines up to $10,000 including any incurred expenses and may included damages and any legal fees. OC Fashion Week® will always try to accommodate changes but cannot guarantee to do so.
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.
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, 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 $10,000.00.
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
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 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.
OC FASHION WEEK, LLC.
Attn: General Counsel
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MONARCH BEACH, CA 92629
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