Last Updated: May 15, 2023
These Terms and Conditions ("Terms") govern your access to and use of the Fashion Oasis Dubai website ("Website") and the services offered by Fashion Oasis Dubai LLC ("Fashion Oasis Dubai", "we", "us", or "our"). Please read these Terms carefully before using our Website or services.
By accessing or using our Website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
1. Agreement to Terms
These Terms constitute a legally binding agreement between you and Fashion Oasis Dubai regarding your access to and use of the Website and services. By accessing or using our Website, creating an account, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms include our Privacy Policy, Disclaimer, and other terms or conditions that may be presented to you when you use our services.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Model" means an individual who is represented by or seeking representation from Fashion Oasis Dubai.
- "Client" means an individual or entity seeking to book Models or services through Fashion Oasis Dubai.
- "Service" means any service provided by Fashion Oasis Dubai, including but not limited to model representation, booking services, portfolio development, and consulting.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Services
4.1 Service Overview
Fashion Oasis Dubai offers various services related to the modeling industry, including but not limited to:
- Model representation and management
- Model booking and coordination
- Portfolio development
- Production services
- Event staffing
- Industry consulting
4.2 Service Availability
We strive to ensure that our Website and services are available at all times. However, we do not guarantee that our Website or services will always be available, uninterrupted, or error-free. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Website or services for business and operational reasons.
4.3 Service Modifications
We reserve the right to modify, update, or discontinue any aspect of our services at any time without prior notice. We shall not be liable if, for any reason, all or any part of the Website or services is unavailable at any time or for any period.
5. Model-Specific Terms
These terms apply to Models who are represented by or seeking representation from Fashion Oasis Dubai.
5.1 Model Applications
Submission of an application to be represented by Fashion Oasis Dubai does not guarantee acceptance. We evaluate applications based on various factors, including but not limited to physical attributes, experience, professionalism, and market demand. We reserve the right to accept or reject any application at our sole discretion.
5.2 Model Representation
If accepted for representation, Models must sign a separate representation agreement that outlines specific terms, obligations, and commission structures. The representation agreement will supersede these Terms with respect to the representation relationship.
5.3 Exclusivity
Unless otherwise specified in the representation agreement, Models represented by Fashion Oasis Dubai may be required to work exclusively with our agency within specified geographic regions. Unauthorized bookings or representation by other agencies in these regions may constitute a breach of agreement.
5.4 Model Obligations
Models represented by Fashion Oasis Dubai agree to:
- Maintain professional conduct at all times
- Arrive on time for bookings, castings, and appointments
- Maintain their appearance in accordance with their portfolio and representation agreement
- Promptly communicate any changes in availability, appearance, or contact information
- Comply with all booking terms and client requirements
- Refrain from direct negotiations with clients initially introduced by Fashion Oasis Dubai
5.5 Model Portfolio and Promotion
Models grant Fashion Oasis Dubai the right to use their images, videos, and other portfolio materials for promotional purposes, including but not limited to our Website, social media, printed materials, and presentations to clients. Models may request the removal of specific images, but such requests are subject to our approval and existing contractual obligations with clients.
6. Client-Specific Terms
These terms apply to Clients who book Models or services through Fashion Oasis Dubai.
6.1 Booking Process
All bookings must be made through Fashion Oasis Dubai. Direct solicitation of our Models without our involvement constitutes a breach of these Terms. Booking confirmations are subject to Model availability and may require a deposit or full payment in advance.
6.2 Booking Terms
Specific booking terms, including rates, hours, usage rights, and cancellation policies, will be provided in a booking confirmation. By proceeding with a booking, Clients agree to these specific terms in addition to these general Terms.
6.3 Client Obligations
Clients booking through Fashion Oasis Dubai agree to:
- Provide accurate and complete information about the booking requirements
- Ensure a safe and professional working environment for Models
- Respect the agreed-upon working hours and scope of work
- Make payments promptly according to the agreed-upon terms
- Use Model images only for the purposes and duration specified in the booking agreement
- Refrain from requesting Models to perform activities not specified in the booking agreement
6.4 Cancellations and Changes
Cancellation policies will be specified in the booking confirmation. Generally, cancellations made less than 48 hours before the booking may incur a cancellation fee. Changes to the booking scope, timing, or location must be approved by Fashion Oasis Dubai and may result in additional charges.
7. Payment Terms
7.1 Fees and Rates
Our fees and rates vary depending on the services requested and the Models booked. All fees and rates will be clearly communicated before service confirmation. We reserve the right to change our fees and rates at any time, but such changes will not affect already confirmed bookings.
7.2 Payment Methods
We accept various payment methods as specified in our invoices and booking confirmations. All payments must be made in the currency specified in the invoice.
7.3 Invoicing and Payment Schedule
For Clients, invoices may be issued before or after services are rendered, depending on the nature of the booking and the Client's history with Fashion Oasis Dubai. Payment terms will be specified on each invoice but are typically due upon receipt or within 30 days.
For Models, payment schedules will be outlined in the representation agreement. Typically, Models are paid after Fashion Oasis Dubai receives payment from the Client, within the timeframe specified in the representation agreement.
7.4 Late Payments
Late payments may incur additional fees or interest as permitted by law. We reserve the right to suspend services or bookings for Clients with outstanding invoices.
8. User Content and Intellectual Property
8.1 User Content
By submitting User Content to our Website or services, you grant Fashion Oasis Dubai a non-exclusive, worldwide, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform such User Content for the purposes of providing and promoting our services.
8.2 Content Restrictions
You agree not to submit User Content that:
- Is false, misleading, or fraudulent
- Infringes on any third party's intellectual property or other rights
- Violates any law, regulation, or contractual obligation
- Contains software viruses or any other code designed to harm computer systems
- Is offensive, defamatory, obscene, or otherwise objectionable
8.3 Fashion Oasis Dubai Intellectual Property
The Website, services, and all content and materials provided by Fashion Oasis Dubai, including but not limited to logos, trademarks, designs, text, graphics, pictures, information, data, software, and sound files, are the property of Fashion Oasis Dubai or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from our Website or services without our prior written consent.
9. Privacy and Data Protection
Our Privacy Policy governs the collection, use, and sharing of your personal information. By using our Website and services, you consent to the practices described in our Privacy Policy.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Fashion Oasis Dubai and its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website or services
- Any conduct or content of any third party on the Website or services
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Website or services
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website or services by any third party
In no event shall our total liability to you for all claims arising from or relating to these Terms, the Website, or the services exceed the greater of (a) the amount paid by you to Fashion Oasis Dubai in the six (6) months prior to the action giving rise to liability, or (b) AED 1,000.
11. Indemnification
You agree to defend, indemnify, and hold harmless Fashion Oasis Dubai and its affiliates, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Website or services
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your User Content caused damage to a third party
12. Termination
We may terminate or suspend your access to the Website or services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Website and services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Website and services or contact us to request Account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, specifically the laws applicable in the Emirate of Dubai, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Dubai International Arbitration Centre (DIAC), which rules are deemed to be incorporated by reference into this clause. The seat of arbitration shall be Dubai. The number of arbitrators shall be one. The language of the arbitration shall be English.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website or services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and services.
15. General Provisions
15.1 Entire Agreement
These Terms, along with the Privacy Policy, Disclaimer, and any other legal documents referenced herein, constitute the entire agreement between you and Fashion Oasis Dubai regarding your use of the Website and services and supersede all prior and contemporaneous written or oral agreements between you and Fashion Oasis Dubai.
15.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fashion Oasis Dubai.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
15.5 Notices
Any notices or other communications provided by Fashion Oasis Dubai under these Terms will be given by posting to the Website or via email to the email address associated with your Account. Any notices or other communications provided by you to Fashion Oasis Dubai under these Terms should be sent by contacting our customer service team.
15.6 Language
These Terms have been prepared in the English language. In the event of any inconsistency or discrepancy between the English version and any other language version, the English version shall prevail.
By using our Website and services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not use our Website or services.