Ms. America о 2009-10 Pageant Contract

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					              Ms. America ® 2009-10 Pageant Contract
                 2973 Harbor Blvd. #235, Costa Mesa, California 92626 * (949) 679-8888

                          ALL MS. AMERICA ® CONTESTANTS

                                  1. Contestant Requirements
a. Eligibility to participate in the Ms. America ® 2009-10 Pageant.
           1) I am or will be 26 years of age or older on or before September 5, 2009.
           2) Marital Status: A contestant can be single, divorced, widowed or married.
           3) Criminal Record: Other than minor or petty offenses, I have never been convicted
               of any criminal offense and there are no criminal charges presently pending
               against me.
           4) Substance Abuse: I do not use or consume any illegal or controlled substances or
               abuse the use of alcohol or other dangerous substances.
           5) I am in good health physically and mentally and am able to perform the
               professional responsibilities of Ms. America ® 2009-10.
           6) I was born a female and I am a U.S. Citizen.
           7) I have no past or present association with the adult entertainment or publishing
           8) I am of good moral character and I have not been involved at any time in any act
               of moral turpitude.
           9) I have not authorized any person, firm or corporation to use my name,
               photograph, picture, or title or future title that I hold or may hold in connection
               with an endorsement to advertise any commercial product. I am not a party to any
               contract with any person, firm or corporation in respect to any present title that I
               hold or may hold, nor have I made any commitments for the future regarding any
               such titles. I do not have any legal obligations that would prevent or limit my
               participation and appearances if selected Ms. America ® 2009-10, in the year of
               my service.
           10) I agree that if I am selected to compete in the Ms. America ® 2009-10 Pageant, I
               will participate in the pageant, and will abide by all the rules and regulations
               governing this pageant.
           11) A former Ms. America ® cannot compete for the title again. However a former
               Ms. America ® can compete for a different Ms. America ® title such as Ms.
               America ® International.
           12) I agree to furnish my own full length gown for Evening Gown Competition, street
               length dress or suit for Judges Interview, black slacks, short sleeve red top or t-
               shirt – no tank tops, black pumps for Sportswear Competition, and black slacks
               and tennis shoes for Opening Production Number.
           13) I agree that if I win the national title Ms. America ® 2009-10, I will not
               participate in any other pageants during the time I hold this title, unless authorized
               in writing by the Ms. America ® 2009-10 pageant.
           14) I understand and agree that the Ms. America ® Pageant shall determine all issues
               as to eligibility to compete in the pageant. Contestant must agree to abide by that
               determination both as to themselves and other applicants.


b. Contestant agrees to provide proof of any of these representations in this contract if required
by the Ms. America ® Pageant. Contestant agrees that if any of the representations in this
contract is proven to be untrue, it will result in the loss of her title or disqualification to compete
in the pageant and her immediate dismissal.

            2. Use of Titles, Trademarks, Trade Names, Logo, Banner and Crown

1. I acknowledge Susan Jeske exclusive ownership and the validity of the trademark and service
mark “Ms. America ®,“ “Ms. America International,” “Ms. America Beauty Teen,” and “Ms.
America Fitness,” and further acknowledge that the Ms. America ®, Ms. America International,
Ms. America Beauty Teen and Ms America Fitness Pageants and the associated trademarks,
trade names and service marks are the exclusive property of Susan Jeske. All uses of these
trademarks and service marks in connection with my activities will insure to the benefit of the
Ms. America ® Pageant and Susan Jeske. I understand and agree any goodwill will attribute to
my use of these trademarks and service marks vests exclusively in the Ms America ® Pageant
and Susan Jeske. I agree that I will not engage in any acts or omissions which may damage or
otherwise affect the Ms America’s ® trademark and/or property rights or Ms. America’s® /
Susan Jeske’s goodwill therein in any manner whatsoever. I further agree that I will not in any
way dispute or impugn the validity of any of Ms. America ® trademarks and service marks and
Susan Jeske’s rights to those trademarks and service marks or Susan Jeske’s rights to use the
trademarks or service marks. I will not at any time allow others to use any of the Ms America’s®
names, logos, trademark, trade names or service marks in connection with any kind of modeling,
acting, performing, advertising, theatrical or promotional services I may perform and/or any
advertising, promotion, publicity, merchandise, or other product or service, unless I first receive
the specific written consent of the Ms America ® Pageant owner Susan Jeske.

a. Identification as Titleholder: If selected as Ms. America ® 2009-2010, Titleholder may
identify herself as the reigning Ms. America ® 2009-2010 subject to the restriction set out
below, until the first of the following events happens.

       1. A new holder for the title is selected or her Term of Service expires.
       2. Contestants competing in the Ms. America ® 2009-2010 Pageant understands and
          agree that if chosen as Ms. America ® 2009-2010 her reign may not go its full one
          year term of service. Ms America ® 2009-2010 is guaranteed to be the 2009-2010
          titleholder until the end of June 2010 but understands and has no objection to giving
          up her title or crowning a new titleholder starting July 1st of 2010 if asked to do so.
          I understand and agree to the above paragraph. _________Initial.
       3. Titleholder fails to meet her obligation as set forth here.
       4. Titleholder is notified that in the opinion of the Ms. America ® Pageant she has
          conducted herself in a manner contrary to the best interests of the title Ms. America ®
          and the Ms. America ® Pageant.


b. Restriction On Use: Titleholder may not identify herself as the current or former holder of
the Ms. America ® title in connection with the promotion, marketing or advertisement of any
product, service, cause, or event, other than her own biography or her own professional career,
unless permitted to do so in writing by the Ms. America ® Pageant.

c. Trademarks, Trade Names, Logos, Banner and Crown: The rights given to the Titleholder to
identify herself as current or former titleholder does not confer any right or license to use
trademarks, trade names, logos or crown associated with the Ms. America ® Pageant and owned
by the Ms. America ® Pageant. Any use of such trademarks, trade names, logos or crown
without the written consent of the Ms. America ® Pageant may, at the sole discretion of the Ms.
America ® Pageant result in the loss of her title and forfeiture of all prizes awarded.

                      3. Performances and Personal Appearances by Winners

    Titleholder agrees to cooperate with the Ms. America ® Pageant in making personal
appearances and performing for radio and television broadcasts during the term of her national
title, subject to reasonable advance notice from the Ms. America ® Pageant.
a. Appearances to Promote Pageant and Titleholder: Titleholder agrees to appear in person on
radio, and on television as arranged by the Ms. America ® Pageant for the purpose of promoting
any possible future state or national pageant produced by the Ms. America ® Pageant and
supporting sponsors or potential sponsors for these pageants, and acknowledges here that these
appearances are beneficial to her own career and personal goals. Appearances arranged under
this paragraph will be without direct compensation to the titleholder.

1. Titleholder agrees to make a minimum of 8 appearances during her year of service.(Charity
Events, Causes, Hospital, Senior Citizen home, Parades, etc.) Titleholder agrees to take pictures
of the events and submit them to the Ms. America ® Blog where Titleholder will write about her
experience and what happened during her appearance. Titleholder agrees to endorse, give a
testimony, or promote the sale of goods and services of others. (2 minimum) This may also
include a sponsor of the Titleholder but must be approved of by the Ms. America ® Pageant and
must be accomplished within the first two months of her reign.

2. Ms. America ® Pageant - President, Susan Jeske will always be invited to attend all
events/appearances with reigning queen, no matter where the appearance is being held.

3. If husbands, boyfriends and “significant other” desires to attend events with queen, a
conservative manner in public is requested. No hand holding, possessiveness, kissing or public
shows of affection while queen is making an official appearance with crown and banner. Queen
needs to have a professional demeanor at all appearances and be “approachable.”


b. Compensated Appearances: Ms. America ® Pageant will have the exclusive right to arrange
personal appearances, performances, appearances on radio, television, cable, Internet, or other
broadcast media by holder of the national title for the purpose of promoting, advertising,
endorsing, or marketing any goods, services, causes or events
for commercial sponsors for compensation, collectively referred to hereafter as “marketing
activities” and to approve marketing activities initiated by Titleholder. Titleholder will receive a
percentage agreed upon by Titleholder and the Ms. America ® Pageant, if and when received by
the Ms. America ® Pageant.

c. Ms America ® Pageant Is Not An Agent: The Ms. America ® Pageant is not an employment
agency or talent agent. Titleholder understands that the Ms. America ® Pageant has not
undertaken and will not undertake to secure employment for her, and Titleholder agrees to make
no claim that the Ms. America ® Pageant has undertaken to do so. In arranging compensated
appearances and endorsements, the Ms. America ® Pageant is pursuing its own interest, and any
compensated appearances or endorsements offered to a titleholder will be strictly incidental to
such pursuit.

                    4. Titleholder’s Independent Status and Conflicts of Interest

a. Independent Contractor: At all times during her performance as Ms. America ® 2009-2010,
Titleholder will be acting as an independent contractor for personal services and not as an
employee, agent, joint venture, or partner of the Ms. America ® Pageant.

b. Conflicts of Interest: Titleholder may accept or continue employment not related to her
obligations to the Ms. America ® Pageant and may be a party to contract relating to her personal
services, including a talent agency contract, personal management contract, modeling contract,
or theatrical contract, provided however, that such employment or contracts shall not:
       1. Authorize, require, or permit the use of the name Ms. America ® nor
          make any reference to Titleholders participation in the national pageant.
       2. Include any endorsement or commercial tie-in based on Titleholders image, likeness,
           or name.
       3. Interfere in any way with her obligation as Titleholder.

At its sole discretion, the Ms. America ® Pageant may authorize exceptions to the prohibitions
set out above. Any authorization must be in writing, signed by the President of the Ms.
America® Pageant and carry a notary acknowledgment.

                                                5. Prizes

   a. Third-Party Suppliers: Some of the prizes or scholarships awarded to Titleholder may be
      supplied under sponsorship or marketing agreements with third parties. Such third party
      supplier awarded prizes or scholarships are subject to performance, and the Ms. America
      ® Pageant will have no obligation to award such prizes if third-party suppliers fail to
      perform. Ms. America ® Pageant will assign its rights under such sponsorship or
      marketing agreements to the appropriate titleholder. Some prizes may require direct
      shipment to titleholder, and the cost of such

   shipments, if not paid by the supplier, will be the responsibility of the titleholder. Titleholder
   and Contestants are responsible for the transportation of all prizes from the pageant location
   to home.

b. Valuation: All prizes awarded Titleholder are valued for promotional purposes at the
manufacture’s or supplier’s suggested retail price, which may or may not reflect the actual cost
to the Ms. America ® Pageant.

c. Tax Obligation: Titleholder will be responsible for the payment of the taxes, if any, on prizes
and awards received in the national pageant. The Ms. America ® Pageant strongly recommends
that Titleholder consult with her accountant or other qualified tax advisor regarding the proper
method of accounting for such taxes.
d. Surrender: If after winning the national title Titleholder refuses or fails to fulfill the duties
associated with her title or in the opinion of the Ms. America ® Pageant becomes unable or
unqualified to fulfill the duties. Titleholder will forfeit all prizes previously received and all
rights to prizes to be delivered. Titleholder will not receive any refund on any entry fees to the
pageant, nor ad space sold if required by the Ms. America ® Pageant.
                                     6. Performance Rights
   Titleholder grants to the Ms. America ® Pageant in perpetuity the exclusive right to record on
film, videotape, or any other media any performance or public appearance by Titleholder in her
capacity as Titleholder and to market and use such recorded material in any commercial or non-
commercial venture. The Ms. America ® Pageant may reproduce, exhibit, telecast, publish or
otherwise use such recorded material through any media now known or hereafter developed
without additional compensation to Titleholder.

                                   7. Releases and Indemnity

a. Releases: Titleholder releases the Ms. America ® Pageant and its agents, officers, employees,
sponsors and successors in interest from any claim, demand, or cause of action arising from or
related to the following.

       1. Her participation in any national (or if we add state competitions) competition
          conducted by the Ms. America ® Pageant or its licensees.

       2. The use of her name, voice, likeness, biographical information, signature, photograph,
          image, or similar material.

b. Indemnity:      Titleholder will indemnify the Ms. America ® Pageant and its officers,
employees and successors in interest from any claim, demand, or cause of action arising from or
related to any breach of the Agreement, including reasonable attorney’s fees and the expenses
incurred by the Ms. America ® Pageant in defending itself.
c. Ms America ® Pageants Cost of Defense: If Titleholder makes any claim, demand, or cause
of action against the Ms. America ® Pageant and such claim, demand, or cause of


action is adjudicated in favor of the Ms America ® Pageant, Titleholder will compensate the Ms.
America® Pageant for the attorney’s fees and expenses incurred in connection with its successful

                                           8. Decisions Final
   Contestant of the Ms. America ® 2009-2010 Pageant agrees that the decision of the judges
will be final, and that she will abide by such decisions.

                         9. Attorney Review of Application and Contract
   I have been given a sufficient opportunity to review this application and contract. I have also
had the opportunity to consult with an Attorney of my own choosing to give me legal advice
with regards to this application and contract. (___) I have consulted an attorney about this
application or contract or, (___) I have decided that I do not need to do so. (check applicable
choice) I understand that this is a legal document and that if I sign and submit it to the Ms.
America ® Pageant and it is accepted, it will create legal obligations that will be binding on me.
I agree to be bound by this application and contract and its attachments.
                                   10. Changes in Circumstances
   I understand and agree that if, at any time after I file this application and contract with the Ms.
America ® Pageant, including during my year of service as Ms. America ® 2009-2010, any of
the facts stated in this application and contract should change, I have the obligation to report any
such change in writing immediately to the Ms. America ® Pageant. I also understand that if I fail
to do so, the Ms. America ® Pageant may, in its sole discretion, determine to limit or prevent my
participation or to terminate my term of service as Ms. America ® 2009-2010.
                                          11. Governing Law
   This Contract is concluded in Orange County, California USA, and all the terms and
conditions of the agreement will be interpreted according to the laws of the state of California,
USA. Any claims asserted by Titleholder, the Ms. America ® Pageant, or any other person, firm,
or corporation must be filed in Orange County, California, USA. Titleholder hereby agrees to
this choice of venue and submits to the jurisdiction of the courts situated within the venue.

                                           12. Saving Clause

        If any of the terms or conditions of this Contract is declared to be illegal or void, the
        remaining terms and conditions will continue to be valid and in full force and effect.

                                    13. Complete Agreement
This Contract contains the complete Contract agreement between the Ms. America ® Pageant
and Contestant, and neither party has made any representation or agreement concerning the
subject matter of this agreement not set out in writing here.

                                                                                ___________ Initial

                                     14. Effective Date
 My signature below and your acceptance and agreement indicate by your signature below will
           constitute the Agreement a binding agreement and contract between us:

________________________________           __________________________________
Contestants Signature                            Signature of Pageant Director

________________________________           __________________________________
Contestant Printed Name                           Printed Name of Pageant Director

________________________________            _________________________________
Date Signed                                                       Date Signed



City                                  State                       Zip

PHONE: ____________________________           Cell: _____________________________

Email: ___________________________________________________________________

7 Pages Initialed and last page signed _____________